Terms and Conditions of Use
Updated as of August 16, 2010
NOTICE
dizzle, LLC (“dizzle”) is a re-marketer of merchant vouchers and provides its website http://www.dizzle.com (“Website”), and its related services to you subject to the following terms and conditions of use (“Terms of Use”). Please read these Terms of Use carefully BEFORE using the Website. If at any time you do not wish to accept these Terms of Use, or if you do not agree with our Privacy Policy which is available at http://dizzle.com/privacy (the “Privacy Policy”), please immediately leave the website and do not use the Website or any services offered by the Website.
Your continuing access and use of this Website signifies your acceptance of these Terms of Use. Any additional terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by dizzle and shall be of no force or effect.
Any rights not expressly granted by the Website are reserved to dizzle.
This Agreement sets forth the terms and conditions that apply to the use of this Site by you. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.
The right to use this Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any. 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 dizzle, and dizzle shall not be responsible for any data lost while transmitting information on the Internet.
While it is dizzle’s objective is 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, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of dizzle, access to the Site may be interrupted, suspended or terminated from time to time.
dizzle shall have 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, dizzle 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.
dizzle reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If any substantial changes are made, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any material changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to merchant vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any merchant vouchers purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. dizzle shall not be liable for any damages to your equipment resulting from the use of this Site.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site are private property. All interactions on this Site and/or any related or affiliated sites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that you restrict any and all activity in connection with the use of this Site and/or any related or affiliated 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 dizzle’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in dizzle’s exclusive discretion restricts or inhibits anyone else from using or enjoying this Site and/or any related or affiliated sites is strictly prohibited. You shall not use this Site and/or any related or affiliated 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 any related or affiliated sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with dizzle.
The foregoing provisions apply equally to and are for the benefit of dizzle, its subsidiaries, affiliates, Merchants 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.
INTELLECTUAL PROPERTY OWNERSHIP
Except as specifically stated, all content and otherwise protectable features of this Website, including but not limited to any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by dizzle or used with permission or under license from a third party (the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between dizzle and you, all right, title and interest in and to the Content will at all times remain with dizzle and/or the Owners. “dizzle,” "dizzle," "daily dizzle," "dizzle deals," "dizzle daily deals," the “dizzle” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of dizzle, LLC.
LIMITED LICENSE; RESTRICTIONS ON USE
The use or misuse of any Content, except as provided in the Terms of Use or in the Content, is strictly prohibited. dizzle grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without dizzle’s express written consent, distribute text or graphics to others, (b) you shall not, without dizzle’s express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any tradename, trademark, or brand name of dizzle in metatags, keywords and/or hidden text, (d) you shall not, without dizzle’s express written consent, (1) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes, (2) modify, translate, alter or create any derivative works thereof, or (3) commercially exploit the Content, in whole or in part, in any way, (e) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to dizzle, the Owners, or any third party referenced therein, and (f) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only. Any unauthorized use, including, the reproduction, modification, distribution, transmission, republication, or display, of the Content is strictly prohibited. dizzle reserves all other rights. You do not acquire ownership rights to any Content viewed or accessed, and dizzle’s posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under dizzle’s and/or an Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, dizzle may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
DIZZLE ONLINE PRIVACY POLICY
dizzle takes your privacy very seriously. dizzle’s online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personal information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing our using the Website.
COPYRIGHT INFRINGEMENT POLICY
You shall not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of dizzle or any third party. dizzle reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing or other harmful activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. dizzle is committed to respecting and protecting the legal rights of copyright owners. As such, dizzle adheres to the following notice and take down policy, in compliance with Section 512(c)(3) of the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.) (the “DMCA”). Further, in accordance with Section 230 of the Communications Decency Act (47 U.S.C. § 230) (the “CDA”), dizzle may, in its sole discretion, remove any material that it believes to be defamatory from its systems, including if it becomes aware of such material as a result of information contained in a notice provided pursuant to its DMCA takedown policy. Please note, however, that in electing to do so, dizzle is exercising its rights under the so-called “Good Samaritan” provision of Section 230 of the CDA and is in no way waiving its rights to any protections, rights or immunities provided by the remainder of the CDA or any other Federal or State law.
All claims of alleged infringement or defamation must be submitted to dizzle in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement to the following address: dizzle, LLC, Attention: Corporate Compliance, 10662 Black Forest Dr., Parker, CO 80138; email mail@dizzle.com. In addition, any such notice must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (b) 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; (c) identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit dizzle to contact you, such as your address, telephone number, and/or electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law or that the material is defamatory and why; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
MODIFICATIONS AND UPDATES
The information and materials contained on this Website, and the terms, conditions, prices, descriptions and availability of information that appears, are subject to change without notice to you. This applies as well to these Terms of Use. dizzle may make changes to the services or products available on this Website or these Terms of Use at any time in its sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” link located at the bottom of our Website. All updates, enhancements, new features and or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these Terms of Use. Your continued use of the Website constitutes your continued acceptance to all such notices, terms and conditions, including these Terms of Use, as modified. dizzle strongly recommends checking the Terms of Use periodically. Unauthorized use of dizzle’s Website and systems, including but not limited to unauthorized entry into dizzle’s systems, misuse of passwords, or misuse of any information posted on the Website is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products or services is subject to final determination by dizzle, its affiliates or its merchant partners.
FURTHER RESTRICTIONS ON USE
dizzle may, in its sole discretion and without notice, deny any person or company access to this Website or any portion of the Website. As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms of Use. You may not use this Website in any manner that could damage, disable, overburden, or impair any dizzle server or interfere with any other party’s use and enjoyment of the Website and services offered by the Website. You may not attempt to gain unauthorized access to dizzle’s or other’s accounts, information, computer systems or networks connected to the dizzle server or to any of the services or products offered via the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
This Website, any portion of this Website and any software, products or services obtained from this Website may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by dizzle. dizzle reserves the right to refuse service, terminate account(s), and/or cancel orders in its discretion, including, without limitation, if dizzle believes that conduct violates applicable law, is harmful to the interests of dizzle, its affiliates, merchant partners or any other reason. dizzle further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law, these Terms of Use or its Privacy Policy.
LINKS
This Website may contain links to other websites (“Linked Sites”) controlled or offered by third parties. Linking to such Linked Sites will let you leave the Website. Unless otherwise indicated, dizzle is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of dizzle and dizzle is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. dizzle disclaims liability for any information, materials, products or services posted or offered at any Linked Site. By creating a link to a Linked Site, dizzle does not endorse or recommend any products or services offered or information contained in that Linked Site, nor is dizzle liable for any failure of products or services offered or advertised at the Linked Site. Such third party may have a privacy policy different from that of dizzle and the Linked Site may provide less security than the Website. dizzle is providing the Linked Sites only as a mere convenience. If you decide to access any Linked Site you do so entirely at your own risk.
Linking to dizzle’s Website from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, dizzle’s content. A Linking Site shall not create a frame, browser or border environment to dizzle’s content and a Linking Site shall not imply that dizzle is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with dizzle, shall not provide false information about dizzle's products or services, and shall not unlawfully use the copyrights or trademarks owned by dizzle or others. Linking Sites shall abide by any and all applicable laws.
ACCESS TO DIZZLE.COM
In order to use certain features of the Website, you will need a User Name and Password. You may never use another’s User Name and Password without permission.
ACCESS BY CHILDREN
The Website is not designed for or directed to children under the age of 18 and we ask that children under the age of 18 not submit any personally identifiable information. If you believe a child under the age of 18 has provided personal information to dizzle, please contact our designated DMCA agent immediately.
NO WARRANTY
THE CONTENT AND ALL OTHER INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. DIZZLE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. DIZZLE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THIS WEBSITE. DIZZLE DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE CONTENT IS FREE FROM ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. DIZZLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN DIZZLE HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIZZLE, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER DIZZLE, ITS AFFILIATES, MERCHANT PARTNERS NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF DIZZLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST DIZZLE AND ITS AFFILIATES, MERCHANT PARTNERS, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DIZZLE AND ITS AFFILIATES OR MERCHANT PARTNERS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
RELEASE AND INDEMNIFICATION
If you have a dispute with one or more users of the Website, you release dizzle and our affiliates, and our merchant partners and their respective officers, directors, employees, agents, and other representatives (collectively, the “Released Parties” from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You will indemnify and hold the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.
SUBMISSIONS
While dizzle appreciates your interest in dizzle and the Website, dizzle does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personal information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of dizzle. dizzle shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides dizzle through this Website, without any compensation whatsoever. dizzle shall not be subject to any obligations of confidentiality regarding submitted information.
AVAILABILITY
Unless otherwise specified, the materials on this Website are presented solely to provide information regarding and to promote dizzle’s services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by dizzle from its offices within the state of Colorado, United States of America. By using the Website, you agree and acknowledge that the Website is hosted in the United States. dizzle makes no representation that materials on the Website are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. If you are attempting to access the Website from a physical location within Canada, the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, these Terms of Use, and the Privacy Policy, you are transferring your personal information to the United States and you consent to such transfer. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (c) any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
GOVERNING LAW
Use of this Website and the interpretation of these Terms of Use shall be governed by the laws of the United States of America and/or the State of Colorado, United States of America; other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado. Through your use of this Website, you consent to the application of such laws and the exclusive jurisdiction and venue of the courts of the United States and the State of Colorado in all disputes: (a) arising out of or relating to this Website and/or these Terms of Use; (b) in which this Website and/or these Terms of Use is an issue of fact; or (c) in which this Website and/or these Terms of Use is referenced in a paper filed in such dispute. Both dizzle and you hereby agree that such courts shall have in personam jurisdiction and venue with respect to such party, and each of us hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
GENERAL
Use of this Website is unauthorized in any manner that does not give full effect to all provisions of these Terms of Use. No joint venture, partnership, employment or agency relationship exists as a result of these Terms of Use or your use of this Website.
These Terms of Use constitute the entire agreement between you and dizzle with respect to this Website and supersede any prior or contemporaneous communications and proposals, whether electronic, oral, or otherwise between you and dizzle with respect to this Website. No modification of these Terms of Use shall be effective unless agreed to in writing by an authorized officer of dizzle. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach.
ARBITRTATION
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against dizzle arising out of, relating to, or connected in any way with this Agreement, this Site, or any related or affiliated sites, or the purchase or sale of any merchant 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 both parties), or at such other location as may be mutually agreed upon by you and dizzle; (3) the arbitrator shall apply Colorado 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 your and/or dizzle’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, dizzle will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) 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 you nor dizzle shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, you may visit the AAA website at http://www.adr.org.
CONTACTING US
If you have any questions about these Terms of Use, please contact us at: legal@dizzle.com.
TERMS OF SALE
dizzle is a re-marketer of merchant vouchers through its website. dizzle’s sole role in the transaction with you is as a marketing agent for the merchant who is selling its merchant vouchers. The applicability and compliance with any relevant statute , code, regulation or law, including all taxing authorities and tax collection and payments, is solely determined and consummated by the merchant and dizzle has no role in such determination or action on the part of the merchant.
Merchant vouchers marketed or sold by dizzle are not intended to be, and cannot be claimed to be Gift Cards, Gift Certificates or any other item that could be interpreted to be “stored value cards.” All merchant vouchers printed from the Site or any related or affiliated sites, or any other website associated with dizzle are promotional vouchers that are being purchased from participating merchants through dizzle to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a merchant voucher from a merchant through dizzle, you make an offer to purchase the merchant vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any merchant voucher. This is required so 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 merchant voucher.
The merchant vouchers you purchase through dizzle are redeemable for goods or services by the merchant only. The merchant, not dizzle, is the seller of the merchant voucher and the goods and services and is solely responsible for redeeming any merchant voucher you purchase. dizzle sells a merchant voucher that can be redeemed in connection with your purchase of the goods or services from the merchant only.
dizzle reserves the right to cancel a dizzle daily deal (all of a dizzle daily deal or a portion of a dizzle daily deal) at any time if it believes that there has been credit card fraud, theft, identy theft or for any other reason to protect its users. If a deal is cancelled, no credit cards will be charged or if they have been charged, the amounts will be credited to the credit cards which were charged.
Restaurant Type Merchant Vouchers.
Some of the merchant vouchers sold by dizzle are for food and beverages from a restaurant. “Restaurant” shall be defined as a merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of merchant vouchers through dizzle. All restaurant type merchant vouchers purchased through dizzle are subject to the following restrictions:
• Redemption frequency is determined by the restaurants, and shall be contained in the merchant voucher offer on the Site.
• Use of restaurant type vouchers for alcoholic beverages is at the sole discretion of the restaurant and is subject to compliance with applicable law
• Merchant vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the restaurant.
• Restaurant type vouchers cannot be used for taxes, tips or prior balances, unless permitted by the restaurant.
• Valid for dine in only unless otherwise stated.
• The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by applicable law.
• Neither dizzle nor the restaurant is responsible for lost or stolen merchant vouchers or restaurant type voucher reference numbers.
• Reproduction, sale or trade of a restaurant type voucher is prohibited unless done so in compliance with applicable law.
• Any attempted redemption not consistent with these terms & conditions will render the restaurant type vouchers void.
• Void to the extent prohibited by law.
• If you redeem the merchant voucher for less than its face value, you will only be entitled to a credit or cash from the restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the merchant voucher exceeds the amount you redeemed. For example, if you paid $20 for a merchant voucher which entitles you to purchase $50 of product by February 1, 2011 and you make a purchase for $40 on January 30, 2011, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the merchant voucher.
• All purchases of merchant vouchers for restaurants may have statutory limitations on the amount of the merchant voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes is the responsibility of the merchant. dizzle’s sole role in the transaction is as a marketing agent for the merchant voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the merchant, and dizzle has no role in such determination or action on the part of the merchant.
Non-Restaurant Merchant Vouchers are subject to the following restrictions:
• Merchant vouchers may be applied only to merchandise sold by the particular merchant selling the voucher through dizzle, and may not be applied to shipping or handling charges.
• Limit one (1) merchant voucher per redemption. Only one merchant voucher can be used per order unless otherwise specified by the merchant.
• The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
• Neither dizzle nor the Merchant is responsible for lost or stolen merchant vouchers or the merchant voucher’s reference number.
• Merchant vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by merchant.
• Reproduction, sale or trade of the merchant voucher is prohibited unless done so in compliance with applicable law.
• Any attempted redemption not consistent with these terms and conditions will render the merchant voucher null and void.
• Void to the extent prohibited by law.
• If you redeem the merchant voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the merchant voucher exceeds the amount you redeemed. For example, if you paid $20 for a merchant voucher which entitles you to purchase $50 of product by February 1, 2011 and you make a purchase for $40 on January 30, 2011, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the merchant voucher.
All merchant vouchers shall be subject to the terms and conditions of dizzle and the participating restaurant or merchant. The merchant or restaurant are the sellers of the goods or services which you are purchasing and not dizzle.
The holder and issuer of a restaurant type voucher is the restaurant. The holder and issuer of a merchant voucher is the merchant. As a holder and issuer of the merchant voucher, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed merchant vouchers or portions thereof. You waive, and release dizzle and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of a merchant or a restaurant in connection with a merchant voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the merchant vouchers or any portion thereof. Restaurant type vouchers and merchant vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the merchant may be responsible for allowing you to redeem your merchant voucher for the cash value based on the money you actually paid for your merchant voucher (i.e. if you paid $20 for a merchant voucher which gives you $50 of value to the merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the merchant voucher. While the expiration date on the merchant voucher dictates the last date that you can use your merchant voucher at the merchant for the promotional offer stated on the merchant voucher, applicable law may provide that the merchant is responsible for honoring the cash value that you paid for your merchant voucher for a period of time beyond the expiration date stated on the merchant voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your merchant voucher up until the greater of: (1) the merchant voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a merchant voucher to expire. In the event that you have an expired merchant voucher and would like to redeem it for the price you paid to acquire it, please contact the merchant. Once again, the merchant should allow such redemption if applicable law requires it, and we have instructed the merchant to do so. If you have gone to the merchant and the merchant has refused to redeem the cash value of your expired merchant voucher, and if applicable law entitles you to such redemption, then please contact dizzle [and explain your situation in writing] and dizzle will refund the purchase price of the merchant voucher in either U.S. Dollars or credit for purchases of future merchant vouchers from dizzle.