“DealPerk” is providing an interactive online service run by DealPerk LLC (from now on defined as “DealPerk) on the internet (“World Wide Web” or the “Web”). Dealperk, affiliates, and third parties provide transactions and content on the Web
By using this Site, you, the End User, agree to comply with all of the Terms and Conditions. The right to use this Site is personal to you, the End User, and is not transferable to any other person or entity. The End User shall protect his or her own password, email, and any other confidential information provided. The End user acknowledges that while the Internet is usually secure, there are interruptions that are beyond the control of DealPerk. In such cases, DealPerk is not responsible for any data lost during the transmission of information through the Internet. The Site may be inaccessible for maintenance, suspended, or terminated from time to time. DealPerk has the right to alter, suspend, or terminate any feature or aspect of DealPerk.
Everything on this Site is exclusive property of DealPerk LLC. Any distributing, copying, posting, linking, deep linking, modification, or transmitting without the written permission of DealPerk LLC is strictly prohibited and may result in copyright, trademark, and/or intellectual property right infringement, resulting in severe civil and/or criminal penalties and persecution. DealPerk LLC owns the copyright in the arrangement, selection, and display of content including the photos, video, graphics, music, text, and descriptions. The End User may not publish, copy, or transmit the content, unless explicitly expressed in written approval by DealPerk LLC. Any trademarks within the Site are exclusive property of DealPerk. The End user shall not upload or post any material protected by copyright, trademark, or intellectual property right without permission of the owner of the copyright. DealPerk does not have to express any responsibility to determining whether the End User’s postings are infringing. By submitting anything onto the Site, the End User is solely liable for any harm resulting from the infringement of copyrights, trademark, and intellectual property. By submitting information to any public area on the Site, the End User warrants that the owner of the material has granted DealPerk to post, modify, store, reproduce, and/or view such material.
DealPerk is a trademark of DealPerk LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on DealPerk are the property of their respective owners.
The End User expressly agrees that using the site as at the End User’s sole risk. Neither DealPerk, any affiliates of DealPerk, 3rd party content providers, nor licensors, warrant that the use of the Site is error free without interruption, nor do they make any warranty as to: the results that may be obtained from using the Site and the accuracy, reliability and/or content of any information, service or merchandise provided through this Site. The Site is used on an “as is” basis with no warranties of any kind, expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. This limited liability disclaimer applies to any damages or injuries caused by error, defect, delay in operation, computer virus, theft, destruction, or failure of performance.
DealPerk, nor any person or entity involved in creating or distributing this site or the contents hereof, is not responsible for any damages arising out of the use of or inability to use the Site. The End User acknowledges that the provisions of this section shall apply to all content on this site.
DealPerk, affiliates of DealPerk, content partners, or information providers shall not be liable, regardless of the cause or duration, for any inaccuracies, omissions, errors, or other defects in, or untimeliness or unauthenticity of, the information contained within this site, or for any interruption or delay in the transmission thereof to the end user, or for any losses or claims arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation punitive or consequential damages or lost profits.
DealPerk is not responsible for any content that any users post on this site. DealPerk reserves the right to remove, modify, alter, or prohibit any content deemed unsuitable. DealPerk reserves the right to monitor the site at all times, including any discussions, forums, or chat. By posting any communication on the Site, the End User grants DealPerk a royalty-free, irrevocable, perpetual, non-exclusive license to reproduce, modify, publish, edit, translate, distribute, perform, use, and display the communication.
DealPerk shall not be liable for any damages to the End User's equipment resulting from the use of this Site. You are responsible for maintaining equipment needed for the use of this Site.
The End User agrees to defend, indemnify and hold harmless DealPerk, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site by End User.
DealPerk is a distributor of content supplied by third parties and End users. Any opinions, statements, offers, services, or advice expressed by third parties are those of the respective author(s) or distributors. DealPerk and any third-party provider of information does not guarantee the accuracy and completeness of the content. DealPerk does not endorse and is not responsible for any opinions, statements, services, offers, and other information or content expressed or made available by third parties. In certain cases, the content on the Site represents the opinions and judgments of the respective end user, information provider, or other user not under contract with DealPerk. DealPerk does not endorse, nor is DealPerk responsible for, the accuracy and realiability of the advice, opinion, or statement made.
DealPerk is not liable for any damage or loss caused by an End User’s reliance on information obtained through DealPerk. It is up to the End User to take responsibility in evaluating the completeness and accuracy of the information, opinion, or content available through DealPerk.
DealPerk contains link to third party Webpages managed and maintained by other content providers. DealPerk provides these links solely for convenience, and not as an endorsement by DealPerk. The use of the links and access to the third-party sites are at the End User’s sole risk. DealPerk reserves the right to remove or modify any links on the Site at any time without prior notification.
DealPerk reserves the right to terminate this Agreement at any time. DealPerk also has the right to terminate any accounts of End Users at its sole discretion in the event of any breach by the End User of this agreement, or by conducting unacceptable behavior.
This Agreement and any operating rules for DealPerk established by DealPerk constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
DealPerk's headquarters are in Irvine, California. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By using this Site, the End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Irvine, California under the rules of arbitration of the American Arbitration Association.
By placing an Order, you make an offer to us to purchase the Perk(s) you have selected on the terms and conditions stated below. You, the End User, are required to have or create an account in order to purchase any products on our Site. It is required so that we may provide you with your buying history, preferences, and allow you to print out your Perks.
The Perk you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not DealPerk, is the seller of the goods and services and is solely responsible for redeeming any DealPerk you purchase. DealPerk sells a Perk that can be redeemed in connection with your purchase of the goods or services from Merchant.
Please read below carefully.
A “Restaurant” is a merchant who sells food and beverage during regular business operations, and is making such food and beverages available to purchasers of DealPerk Perks.
All Perks purchased and printed from the DealPerk website are promotional vouchers offered to customers below their face value are subject to the terms and conditions of the participating Merchant and DealPerk. The Merchant is the seller of the goods and services that you are purchasing. The holder and issuer of the Restaurant-specific Perk is the restaurant. The holder and the issuer of a Merchant Perk is the Merchant. The restaurant or Merchant is completely responsible for any damages, claims, injuries, losses, costs, or pain 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 Perks. Restaurant-specific Perks and Merchant Perks are redeemable in their entirety only and may not be redeemed incrementally. The Merchant is responsible for allowing you to redeem your Perk for the cash value based on the money you paid for the Perk for a period of time that may extend beyond the expiration date as listed on the Perk. (If you paid $20 for a Perk which provides $40 worth of value to the Merchant, the cash value paid is $20 and not $40.) This is a statutory provision which applies solely to the merchant. The Merchant is solely responsible (in no way is DealPerk responsible, as DealPerk is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Perk on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.
Last Updated March 15, 2010.