CarpeDeal Terms of Service Agreement

Terms and Conditions

Thank you for visiting CarpeDeal (the "Site"). By using this Site, CarpeDeal, you ("the User") agree to the terms and conditions that we (CarpeDeal) have provided. If you do not wish to comply with these terms please refrain from using the Site.

General Terms of Use

CarpeDeal is an online site that allows merchants and buyers to connect, specifically providing daily deals to the User in the form of vouchers ("Vouchers"). By using this Site you agree to follow all the terms and conditions that are outlined here. The right to use this Site is personal to you and is not transferable to any other persons/entity. Our objective at CarpeDeal is to preserve a Site that is accessible 365 days a year, 24 hours a day. However, the Site may be unavailable due to maintenance or to factors outside of our control such as breaks in the internet. CarpeDeal reserves the right to alter or suspend any portion of the Site as we see fit, mainly including: content and hours of availability.

We request that you, the User, are of legal age to purchase a deal. You may enter the Site if you are 13 years of age, but we request that a parent or guardian agree to our Terms of Service. Furthermore, if we detect that any content has been uploaded to the website from a User that is under 13 we shall remove it. When creating an account or registering with CarpeDeal we ask that you only provide accurate information and will not use CarpeDeal to collect data for personal use, such as email addresses or account names. Please be aware that only you are responsible for your personal content submissions, which include: posts, profile name, pictures, and also shared links.

Please note that CarpeDeal reserves the right to alter our Terms of Service agreement at any point.

User Conduct

All interactions between the User and the merchant must follow said Terms of Use and we require that all Users of the Site follow lawful conduct. The User shall not publish any material through this Site that is deemed: threatening, profane, offensive to others, harmful to minors, an invasion of privacy or publicity rights, or in violation of United States law. All Users may only create one account and shall not use false information to activate another account. We also ask that you please notify CarpeDeal of any unauthorized use of your account (this would include loss or theft or unauthorized disclosure of the User's password). CarpeDeal is not responsible for protecting the confidentiality of your password.

Third Party Links

CarpeDeal contains links to websites upheld by other content providers and we do not have control over the content of said websites. By accessing a third party website, the User is doing so at his or her own risk and CarpeDeal cannot be held responsible for the accuracy, general content, or privacy settings on these external Sites. By leaving CarpeDeal the User must fully understand that all responsibilities now lie with the third party Site.

Security/Privacy

The majority of the information submitted by you is used to enhance your experience at CarpeDeal and to aid us in the advancements of our Site. However, your credit card information will remain completely private and secure. If you would like to further review our Privacy Policy in detail please visit our site: http://www.carpedeal.com/privacy.

Copyright Policy

Everything posted on this Site is the exclusive property of CarpeDeal or used with express permission of the copyright and/or trademark owner. Through these Terms of Service you are agreeing to not post or use any material from this Site, this includes: copying, transmitting, posting, linking, distributing, or modifying without the express written permission of CarpeDeal. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the User to civil and/or criminal penalties. CarpeDeal reserves the right to terminate its agreement with any User who repeatedly infringes third-party copyrights upon notification to CarpeDeal by the copyright owner or its legal agent. These include the copyright, trademark, trade secret, or any other intellectual property rights of others.

Disclaimer of Warranty

THIS SITE AND ALL OF ITS CONTENT INCLUDING: TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ARE MADE ACCESSIBLE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY , ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE CANNOT GUARANTEE THAT CARPEDEAL WILL BE ABLE TO MEET YOUR REQUIREMENTS AT ALL TIMES, WITHOUT INTERRUPTION, OR THAT THE DEFECTS WILL BE CORRECTED. WE ALSO CANNOT GUARANTEE THAT THE SITE WILL BE FREE OF VIRUSES OF HARMFUL COMPONENTS. BY USING CARPEDEAL THE USER ACTS AT HIS OR HER OWN RISK AND ALSO REPRESENTS AND WARRANTS THAT HIS OR HER ACTIONS WHILE USING THE SITE ARE LAWFUL IN EVERY JURISDICTION.

Limitations of Liability

CARPEDEAL IS NOT RESPONSIBLE FOR ANY DAMAGES, WHETHER THEY BE INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL, ECONOMIC, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. CARPEDEAL IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. THE USER AGREES THAT BY USING THIS SITE HE OR SHE IS AT HIS OR HER OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE/SERVICES IT IS YOUR RESPONSIBILITY TO STOP USING THE SITE AS WELL AS ITS SERVICES.

Indemnification

You, the User, agree to defend, indemnify and hold harmless CarpeDeal, its parent company, affiliates, officers, employees and agents from and against any and all claims and expenses (including but not limited to attorney's fees), arising from out of or related to any products or services purchased by you, the User, in connection with the Site or any parent companies.

Release/Monitoring

CarpeDeal reserves the right to, but not the obligation to, monitor or take action against content of said Site at all times (including all chat rooms and forums). CarpeDeal shall also have the right, but not the obligation, to delete any material that we deem to be in violation of these Terms of Service. You, the User, hereby release CarpeDeal from all claims of liability related to any content that is on the Site.

Termination

CarpeDeal may decide to terminate this agreement for any reason and without prior notice. Please note that this agreement will automatically terminate in the event that any of said terms and conditions are broken. If termination were to occur the User would immediately lose all privileges to the Site as well as its Services. However, CarpeDeal will honor any outstanding Vouchers prior to termination according to specific terms.

Arbitration

By using this Site, the User agrees that: (1) any claim, dispute, or controversy the User may have against CarpeDeal arising out of, relating to, or connected in any way with this Agreement, this Site, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for User), or at such other location as may be mutually agreed upon by User and CarpeDeal; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the User's and/or CarpeDeal's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither the User nor CarpeDeal shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

Terms and Conditions of Sales:

Please adhere to the general terms and policies listed below regarding the Vouchers themselves. All Vouchers shall be subject to the terms and conditions of CarpeDeal and also the participating merchant or restaurant. There is a limit to only one (1) Voucher per redemption. It is solely within the Users' power to print and redeem this Voucher. Although, the User may purchase multiple Vouchers in the deal he or she may only redeem one at a time (unless specified differently by the merchant). Vouchers may not be used for the shipping and handling portion of an order. The User may also not combine Vouchers, other certificates, coupons, or promotions unless otherwise specified. The merchant may or may not choose to offer credit to the User (unless otherwise specified by law). CarpeDeal will not be held responsible for lost or stolen Vouchers. You may also not reproduce, sell, or trade Vouchers unless done so in a manner that is in compliance with the law. If you were to redeem the Voucher for less than face value, you will be entitled to either cash or credit for the difference between the face value and the amount you redeemed from the merchant if required by law.

Restaurant Policy: Please note that there may be limitations regarding the amount of alcoholic beverages that a Voucher can redeem. Also, it is at the sole discretion of the restaurant to comply with applicable law regarding alcoholic beverages. Vouchers cannot be used for taxes, tips, or prior balance. All Vouchers will provide the user with an expiration date that is to be followed by the user. Any attempted redemption inconsistent with these terms and conditions will render the Voucher null and void.

Merchant responsibility:

Since the merchant or restaurant acts as the holder and issuer of the Voucher, their party shall be responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a User, caused in whole or part by the restaurant or merchant, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. The merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for it. For example, if you paid $10 for a Voucher that gives you $20 to spend at said business, the cash value is $10.

If the User, does not comply with these terms and conditions you will be forced to forfeit use of Voucher.

Disclosure

CarpeDeal is located at 270 Madison Avenue, Suite 1401, New York, NY 10016, and you may report your complaints via this address or via the 'Contact Us' portion of the Site. Please note that parental control protections are commercially available and may aid you in limiting material that is harmful to minors.

Miscellaneous

These Terms of Service, including the previously stated Terms and Conditions of Sales constitute the agreement in entirety between the user and CarpeDeal. If any of these Terms of Service are proven invalid, that part shall be constructed in a manner consistent with applicable law to reflect the original intentions of both parties, and the remaining portions shall stay in full effect. The failure of either party to exercise its rights under the Terms of Service Agreement shall not constitute a waiver or forfeiture of such rights or provisions.