PLEASE READ THESE TERMS OF SERVICE AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, OR ANY OTHER CONTENT ACCESSIBLE ON OR THROUGH THIS WEBSITE
Section 1. The Service
1.1 About Enchanted Deals
EnchantedDeals.com (the “Website”) is an interactive online service company operated by Enchanted Deals, LLC (herein referred to as “Enchanted Deals”, “us”, “we”, or “our”) on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities provided by Enchanted Deals, affiliates of Enchanted Deals, and other third parties. We offer a service through our Website that brings together local consumers (“Buyers”), businesses (“Merchants”), and non-profit organizations and charities (“Charities”) by providing Buyers with opportunities to purchase products and services from local Merchants at substantial discounts (“Deals”), and donating a percentage of the purchase price of the Enchanted Deal to the Buyer’s designated Charity. Enchanted Deals collects payments on behalf of Merchants, and issues Buyers a voucher (“Voucher”) redeemable for the applicable product or service. In addition, registered users may also participate in deal-centric discussion boards.
This Website (excluding any linked sites) is controlled by Enchanted Deals from the State of New Mexico. It can be accessed from all 50 states, as well as from other countries from around the world. Each of these jurisdictions may have laws and regulations that differ from those of the State of New Mexico. By accessing this website, you and Enchanted Deals agree that the laws and regulations of the State of New Mexico, will apply to all matters relating to your access of this website, without regard to any conflict of laws and principles.
In the event of a dispute, you and Enchanted Deals agree to submit to the exclusive personal jurisdiction of the District Court of the State of New Mexico, and the venue of the Second Judicial District Court of the State of New Mexico with respect to such dispute.
1.2 The Agreement
The following Terms of Service and Conditions of Use (“Terms of Use or “Agreement”) apply to both Merchants and Buyers, and when taken together with our Privacy Policy and Frequently Asked Questions constitute the Terms of Use and entire agreement of the parties with respect to the use of this Website at www.enchanteddeals.com by all users. Any failure by us to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. 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. Our failure to exercise any of our rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary and possible to make such provision valid and enforceable. We may assign our rights and duties under these Terms of Use to any party at any time without notice. The section headings used herein are for convenience only and shall be of no legal force or effect.
1.3 Agreement and Compliance with Terms of Use
The term “you” or “user” refers to the person viewing, accessing or using the Website or our services, and when taken in context, can refer to Merchants, Buyers, or Charities. The Website may contain, among other things, text, surveys, audio-visual work, communications, content, information, postings, editorials, samples, materials, logos, graphics, sounds, images, and the intellectual property rights thereto (collectively referred to as “Content”). By using this Website, You (1) agree not to copy or distribute any part of Enchanted Deals medium without our prior written authorization; (2) will provide accurate information when creating an account or registering for our services; (3) will not use the commercial systems provided by or contacts made on our Website for any commercial solicitation purposes; and (4) agree to comply with all the Terms of Use thereof. The right to use this Website is specific to the registered account user, and is not transferable to any other person or entity.
1.4 Availability, Access to Website, and Data Back-Up
It is the objective of Enchanted Deals to make our Website accessible 24 hours a day, 7 days a week, 365 days a year. However, there are times when our Website may be unavailable for any reason, including, without limitation, routine Website maintenance. Since we are constantly looking for ways to improve our service and your experience with us, we may find at times that we may need to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. In addition, you acknowledge that there may be times due to circumstances beyond our control that access to our Website may be interrupted, suspended or terminated. In such event, we will not be responsible for any data lost while transmitting data to or from the Internet. We are also not responsible for backing up your data or other type of data attributed to the use of the website. Accordingly, you expressly agree to assume the sole responsibility of backing up all voucher information, including, without limitation, redemption codes, and expressly agree that we will have no liability with respect thereto.
1.5 Modified Terms and Changes to this Agreement
Enchanted Deals reserves the right at all times to discontinue, modify or change our Terms of Use or Privacy Policy as we deem necessary. Such changes may include the adding of certain fees or charges. If we make any substantial changes we will notify you by sending you an administrative email and/or by posting a notice of change on our Website. Any such modifications become effective immediately upon posting to our Website, but will not apply to vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Website, and any vouchers purchased by such new users. We suggest that you carefully read the Terms of Use and Privacy Policy and re-read it periodically so that you stay informed of any changes. If you do not agree with any of the changes, you must immediately stop using our Website and services, since continued use after the modification date indicates acceptance of the revised Terms of Use.
Section 2. User Conduct
2.1 General
This Website and any individual websites or merchant-specific, or other websites now or hereinafter contained within or otherwise available through hyperlinked websites are private property. Users of this Website can publish or obtain access to various kinds of information and materials, and other types of content posted to the Website by other users. Users agree not to revise or obscure content posted by others, and not to post or use any content in any way that is false or inaccurate or could damage Enchanted Deals, our affiliates, advertisers, or other parties. Though we strive to enforce these rules with all our users, other users may be exposed through our Website or service to content that violates our policies or is otherwise considered by such users to be offensive. Users understand that use of the Website and hyperlinked websites is at their own risk. Enchanted Deals takes no responsibility for a user’s exposure to content on our Website whether or not it violates Enchanted Deals’s policies. All interaction on this Website and the hyperlinked websites must comply with these Terms of Use. We reserve the right to deny users access to any parts of the Website or to the Enchanted Deals service and terminate users accounts for any reason, or no reason, at our sole discretion. The following rules shall govern user’s conduct regarding the use of this Website.
2.2 Unlawful Purpose
In order to create a positive and enjoyable environment for all our users, certain types of activities and communications are prohibited. Users agree not to engage in conduct or use content that would constitute a criminal offense, give rise to civil liability, violate any law, or is otherwise prohibited by the Term and Conditions. Users also agree to be responsible for all purchases and shall be obligated to consummate all transactions.
2.3 Unsolicited Information
Our Website may provide opportunities for feedback regarding our Website and various offerings, and/or other solicited submissions. Users may only provide unsolicited information that conforms to these Terms of Use. We welcome user comments and feedback concerning our Website, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials, or marketing plans. Accordingly, please do not send us such unsolicited ideas. By providing unsolicited information, users thereby grant us perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create, derivate work from, transfer, and sell such unsolicited information without further obligation to the user.
2.4 Age Restriction on Purchases
The Website is intended for users who have authority and capacity to commit to and legally enter into transactions with Merchants to purchase promotional offers (“Deals”). By using this Website you represent and warrant that you are at least 18 years of age and you possess the legal right and ability to agree to these Terms of Use, and to use the Website in accordance with them. Users agree to be financially responsible for use of the Enchanted Deals service, and to comply with all responsibilities and obligations as stated in these Terms of Use.
2.5 Monitoring or Review of Postings
Enchanted Deals has the right, but not the obligation, to monitor the content of the Website and hyperlinked websites at all times, including any chat rooms and forums that may be hereinafter be included as part of the Website, to determine compliance with these Terms of Use and any operating rules established with Enchanted Deals, as well as to satisfy any applicable law, regulation or authorized government request. This Website and the content on it (whether generated by Merchants or users) in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. Furthermore, no statements made in the communities and forum discussions will be authenticated or endorsed by us. Therefore, no messages, advice, opinions, or other information contained in any portion of this Website should be construed as authoritative advice or instruction. However, we may, in our sole discretion, but without obligation to do so, choose to monitor such communications as part of an investigation of reported abuse or otherwise where we deem appropriate. We reserve the right to block transmissions of and remove any comments or information that users submit at any time, for any reason, and without user notice.
2.6 Unauthorized Access
Users shall not permit any other person other than an authorized agent on the user’s behalf and subject to the user’s direct supervision to access the Website using user’s ID and/or password for any purpose. Users are responsible for the security and confidentiality of their user ID and password, and Enchanted Deals is not responsible for any unauthorized use caused by user’s own negligence.
2.7 Interference With Other User’s Use
Any conduct by a user which, in our sole discretion, restricts or inhibits another user from enjoying or using the Enchanted Deals Website and/or any of the hyperlinked websites is strictly prohibited. This includes, without limitation, disrupting the normal flow of communication concerning user comments, spamming, or otherwise using abusive tactics to deter others from commenting on promotional offers.
2.8 Harmful Code
Users may not post or transmit any file to this Website or to any other user which contains viruses, worms, time bombs, Trojan horses, or any other contaminating, malicious, or destructive code.
2.9Abusive Conduct
Users may not post or transmit through our Website any message which is harmful, defamatory, harassing, vulgar, threatening, libelous, profane, obscene, abusive, hateful, pornographic, discriminatory, or otherwise objectionable. It is not our intent to discourage users from taking controversial positions or expressing unpopular views; however, we reserve the right, in our sole discretion, to take such action as we deem appropriate in cases where the user generated content is being used to disseminate statements which are offensive and/or harmful.
2.10 Unsolicited Communication
Users may not post or transmit charity requests, petitions for signature, chain letters, or letters related to pyramid schemes. Users may not transmit any advertising, promotional materials, commercial, religious, or political information or solicitations, and may not solicit other users of this Website and/or hyperlinked websites to become users of other online or offline services directly or indirectly competitive or potentially competitive with Enchanted Deals or its Service.
2.11 Interference With Website Functionality
Users may not attempt to gain access to secure portions of the Website or services without access rights. Users may not attempt to reverse engineer, use any automatic or manual processes to search or harvest information, jeopardize the correct functioning of the Website or services, or attempt to derive the source code of the software that enables or underlies the Website. This includes tools, methods, processes, and infrastructure of the Website.
2.12 Equipment
Users shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to, and use of this Website. Enchanted Deals is not responsible for any damages to the user’s equipment resulting from the use of this Website.
Section 3. Terms Applicable to Buyers and Purchases
3.1 General Limitations and Restrictions on Offers and Deals
Enchanted Deals provides a service for Merchants to offer on our Website limited time promotions for discounted goods and services. Each day or periodically, users are emailed one or more Promotional Offers and Buyers have a limited time to purchase the offer or “Deal of the Day.” As part of the registration process, Buyers are required to establish a user account and profile on our Website as outlined in our Privacy Policy. This account is needed in order to participate in any Deal transactions, i.e. to purchase a voucher, or to participate in discussion boards. In addition, an account profile contains a user’s personal information and is needed to manage a user’s preferences such as a designated Charity, and to provide a user with easy access to purchased Deal information and tracking such as voucher printing and usage. By making a purchase, you expressly agree to the Terms of Use associated with the specific Deal and this Website. Promotional offers come with limitations. Buyers need to carefully read all applicable terms associated with the relevant offer or Deal. For example, Deals for goods or services purchased at discount prices are subject to time limits or restrictions which may require the Buyer to complete the transaction within a certain period of time or in a certain manner. Other Deals may be restricted to a minimum age or during a specified time of day, or to a specific location should a Merchant have more than one place of business. We will use reasonable efforts to make any and all limitations known to users and clearly display them where they can easily be seen on the home page of our Website in the Deal information section.
3.2 Use of the Website by Minors
Enchanted Deals does not knowingly permit persons under the age of 13 to view, access, use, or post user content on our Website. If we determine that any content has been uploaded to our Website by someone under the age of 13, it will be immediately removed. We recommend that children between 13 and 18 obtain their parent’s permission before submitting information over the internet. Minors between the ages of 13 and 18 are required to have their parent or guardian register on our Website for our Service on their behalf, and complete the registration process using the parent or guardian’s personal information. By using Enchanted Deals, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parent’s permission to visit Enchanted Deals.
3.3 Geographic Restriction on Purchases
The Website is administered by a New Mexico company, and is intended solely for users who are residents of the United States. Access to this Website and the content as well as the Terms of Use and Privacy Policy may not be legal for some persons or in some countries outside of the United States. If you access and use this Website from outside the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
Section 4. Terms, Limitations, Restrictions, and Usage of Vouchers
4.1 How A Voucher Works
When users purchase a Deal, a voucher for the product or service purchased will be emailed to you and also be listed in the voucher section of your user account. All vouchers printed from this Website or any website associated with Enchanted Deals are promotional vouchers that are purchased from Merchants and offered to Buyers through our Website to be used in exchange for products and services at a discount from their actual cost. The voucher consists of two separate portions that when combined, make up the “Deal.” The “Paid Portion” is equal to the amount charged to your credit card, and the “Promotional Portion” is the balance for the value of the Deal. Together, the paid and promotional portions of the Deal are presented in a “Voucher”. By purchasing a Voucher from a Merchant through our Website, you shall be subject to the Terms of Use of Enchanted Deals as well as the participating Merchant. The Merchant, not Enchanted Deals, is the seller of the Voucher and the products and services, and is solely responsible for redeeming any Voucher purchased.
4.2 Purchase Limits, Gifting, or Reselling Vouchers
Unless expressly stated in the promotional offer, there is a purchase limit of one (1) Voucher per person per promotional offer for personal use per transaction. Additional Vouchers may be purchased as gifts or for friends or family, or purchased as a donation to a silent auction, but the name of the intended Voucher user may need to be provided before that Voucher can be purchased. To the extent allowed by law, Vouchers may be gifted or sold. However, users purchasing multiple Vouchers for the purpose of reselling may have their accounts frozen and may be banned from participating in future offers. Each Voucher will have a unique authentication number, and is usable only once, regardless of the number of times the Voucher is printed. You will not be able to redeem any Voucher in violation of the restrictions governing the Deal, and the funds paid for the Voucher will generally not be refundable. Neither the Merchant nor Enchanted Deals is responsible if the Voucher is lost or stolen.
4.3 Expiration Date, Voucher Value and Refunds
The Promotional Portion of the Voucher has an expiration date determined by the Merchant. The Paid Portion of the Voucher is determined by the New Mexico Unfair Trade Practices Act which states the expiration date cannot be less than sixty months after the date upon which the Voucher was issued.
The Merchant should allow such redemption if applicable laws require 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 Voucher, contact Enchanted Deals in writing immediately and we will review the situation, and if required by applicable by law, refund the purchase price of the Voucher in the form of a check or credit for future Enchanted Deals Vouchers.
If you change your mind and decide you don’t want the Enchanted Deal that you purchased and the Voucher has not been redeemed within five days after purchasing the Voucher, Enchanted Deals will issue a refund of the purchase price paid by you either by check or credit for future Enchanted Deals Vouchers and requested by you in writing. If for any reason a Merchant has gone out of business and you are unable to redeem your Voucher after five days of purchasing the Voucher, Enchanted Deals will issue a refund in the form of a check or credit for future Enchanted Deals Vouchers. All refund requests must be in writing and sent to support@enchanteddeals.com
4.4 Terms and Conditions and Usage for All Vouchers
4.5 Additional Terms and Conditions for Restaurant-Specific Vouchers
“Restaurant” shall be defined as a Merchant who offers food or beverages for sale in its regular business operations, and is making such food or beverages available to purchasers of Vouchers. Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law. Purchases of Restaurant-Specific Vouchers may have statutory limits on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes is the sole responsibility of the Merchant. Enchanted Deals’s sole role in the transaction is that of a marketing agent for the restaurant Voucher, and applicability and compliance with any relevant statutes or codes is solely the responsibility of the restaurant. Enchanted Deals has no control over such determination or action on the part of the restaurant.
Restaurant-Specific Vouchers cannot be used for taxes, tips, or prior balances, unless permitted by the Restaurant. Value is for dine-in only unless otherwise stated.
4.6 Additional Terms and Conditions for Non-Restaurant-Specific Vouchers
Merchant Vouchers may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges. If the merchant allows the purchase of multiple Vouchers, only one Voucher can be used at a time per transaction unless expressly stated in the promotional offer.
Section 5. Charitable Organizations and Donations
5.1 Designated Beneficiary Charitable Organizations
Enchanted Deals has partnered with various schools, charities and non-profit organizations (collectively known as “Charity” or “Charities”) as part of our philosophy of giving back to the community. When consumers register with Enchanted Deals, they will be asked to designate a beneficiary from our list of participating 501(c)(3) organizations. When a Buyer purchases a Deal, Enchanted Deals will donate an amount equal to 10% of the offer’s purchase price to the Buyer’s designated Charity. If the Buyer does not choose a benefiting Charity to receive the 10% donation during the purchasing process, the 10% donation will designed to the Charity in the Spotlight on that given day. In addition, unless specified otherwise, there can be only one designated Charity per transaction, and a donation related to a transaction cannot be split between two benefiting Charities. Your Charity selection will be saved in your user account profile and may be changed at any time for subsequent purchases. On subsequent purchases of new Deals, the currently selected Charity will be used as the default for the 10% donation; however users may designate a different Charity to receive the donation during the transaction process. There is no limit on the number of times a user can change the designated beneficiary Charity. However, there can be only one designated Charity per transaction, even if multiple Vouchers are purchased as gifts, or for friends or family. Our list of partnered Charities is always changing and growing, so we suggest you review our list from time to time to familiarize yourself with the updates and if desired, change the designation in the user account profile section of our Website prior to entering into a new transaction. Otherwise, a new Charity designation can be made during the transaction process.
5.2 Disclaimer for Schools, Charities and Non-Profit Organizations
Enchanted Deals actively recruits schools, Charities, and Non-Profit Organizations to participate in Enchanted Deals Promotional Offers. Enchanted Deals makes no representations or warranties relating to any Charity or charitable cause. We have no control over the operations of partnered Charities and disclaim any liability for the acts or omissions of such Charities. Users acknowledge that it is the user’s responsibility to fully investigate any Charity on our Website and to decide whether they are comfortable with assisting in the partner donation transaction with such Charity. We recommend that users consult resources that may help educate them on the activities of such organizations, such as www.charitynavigator.org, the Better Business Bureau, or New Mexico Secretary of State’s office. Where possible, on our Website we have provided hyperlinks to access partner Charities so that users may have easier access to obtain additional information about the Organization or cause. Enchanted Deals does not make any representations or warranties about a Charity by providing these hyperlinks to a Charity’s Web site. Users should also feel free to request additional information directly from the Charity.
5.3 The Donation Process
Enchanted Deals will actively make donations to Charities a minimum of once a month. It is Enchanted Deals that is the actual donor, and a user’s participation in the purchase transaction does not make the user eligible to claim any federal, state, or local tax deductions. Users are not personally or individually making a donation when entering a into a purchase transaction on our Website. Enchanted Deals does not solicit or accept donations. Enchanted Deals is only conducting cause marketing whereby it promises to make a donation based on units of products or services purchased. Enchanted Deals reserves the right to approve and/or remove any Charity at any given time at the sole discretion of Enchanted Deals.
5.4 Information or Registering a Partner School, Charity or Non-Profit Organization
If you are a representative or agent of a School, Charity, or Non-Profit Organization, and would like additional information about our partner Charity program, please visit our Website at www.enchanteddeals.com/charities. If you are a representative or agent of a school, Charity, or Non-Profit Organization, and would like to partner to become a benefiting Charity, you can register online at www.enchanteddeals.com/charities or email us at charities@enchanteddeals.com. The registration process is simple, easy and takes only a few minutes. Once approved, you will receive a Welcome Packet and be listed as a partner Charity on our Website, and begin participating in our promotional offers.
Section 6. Terms Applicable Only to Merchants and Restaurants
6.1 Written Contract
Each Merchant or restaurant is required to sign a written contract for each Promotional Offer the Merchant or Restaurant wishes to publish on the Enchanted Deals Service. Any provision of a Promotional Offer which has been signed by us and expressly overrides these Terms of Use will take precedence over these Terms of Use, but these Terms of Use will otherwise govern the agreement between the Merchant or Restaurant and Enchanted Deals.
6.2 Agent
The Merchant or Restaurant hereby appoints Enchanted Deals as its limited agent solely for the purposes of: a) promoting those offers where the Merchant or restaurant and Enchanted Deals have a written contract; b) collecting payment on behalf of the Merchant or restaurant; and c) issuing Vouchers in accordance with the terms as specified in the written contract.
6.3 Brand and Trademarks
The Merchant or Restaurant agrees that Enchanted Deals may use the Merchant or Restaurant’s brand information in connection with making available and promoting any Offer by that Merchant or Restaurant and identifying Merchant or restaurant as a party that sells or has sold goods or services through our Website. The Merchant or Restaurant agrees to allow Enchanted Deals to use photographs of the Merchant or Restaurant’s place of business or merchandise for all media/publicity purposes. Enchanted Deals will reasonably comply with all trademark guidelines provided by the Merchant or Restaurant. Any goodwill resulting from Enchanted Deals’ use of the Merchant or Restaurant’s trademarks shall inure to the benefit of the Merchant or Restaurant.
6.4 Warranties
The Merchant and Restaurant represents and warrants that: a) it will honor the terms of all purchased promotional offers in a professional manner; b) it will not impose any term on any promotional offer which is in violation of applicable law; c) it will have and grant sufficient intellectual property rights in any content which it provides to Enchanted Deals (including without limitation to any logo or photograph) to allow Enchanted Deals to copy, publish, disclose, and display such content on the Website and as otherwise necessary to promote and fulfill the promotional offer; and d) it shall collect and use personal information from Buyers only in accordance with applicable law and the terms and conditions of our Privacy Policy.
6.5 Payment of Fees
Enchanted Deals and the Merchant or Restaurant will pay one another any applicable fees as set forth in the Promotional Offer contract. Each party shall otherwise bear any and all of its own costs in performing or receiving the services and fulfilling the terms and conditions of the promotional offer.
6.6 Taxes
With the sole exception of taxes on Enchanted Deals’ net income, the Merchant or restaurant is responsible for collecting from Buyer and paying any and all taxes and fees including, without limitation, sales, use, gross income and value added taxes associated without Enchanted Deals’ Service or the fulfillment of any promotional offer.
6.7 Promotional Offer Scheduling
While Enchanted Deals will try to best accommodate the wishes of the Merchant or Restaurant on scheduling the promotional Offer, The Merchant or Restaurant acknowledges that the availability of Services shall be on a first-come, first-serve basis. Enchanted Deals shall not, under any circumstances, be liable to the Merchant or Restaurant for lack of availability of the Website. The Merchant or Restaurant further acknowledges that Enchanted Deals is under no obligation to display or keep open any Promotional Offer.
Section 7. Disclaimers and Warranties
7.1
WE PROVIDE THIS WEBSITE AND SERVICES AND HYPERLINKED WEBSITES ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. USERS EXPRESSLY AGREE THAT USE OF THIS WEBSITE AND HYPERLINKED WEBSITES ARE AT THE USER’S OWN RISK. TO THE EXTENT PERMITTED BY LAW, ENCHANTED DEALS, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, RESTAURANTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, DISCLAIM IMPLIED OR EXPRESS WARRANTIES OR ENDORSEMENTS OF ANY KIND THAT THE WEBSITE AND SERVICES, HYPERLINKED WEBSITES, PROMOTIONAL OFFERS OR VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, NON-INFRINGING, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IN ADDITION, NEITHER ENCHANTED DEALS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, RESTAURANTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF OUR WEBSITE OR HYPERLINKED WEBSITES WILL MEET USERS REQUIREMENTS, IS RELIABLE, OR ERROR FREE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR ANY OF THE HYPERLINKED WEBSITES, INCLUDING ANY SERVICES OR DEALS, OR THE LEGALITY, ACCURACY, RELIABILITY, QUALITY OR AUTHENTICITY OF THE CONTENT OF ANY INFORMATION SERVICE, ADVERTISEMENTS, PRODUCTS, SERVICES, OR VOUCHERS PROVIDED THROUGH THIS WEBSITE OR HYPERLINKED WEBSITES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, NOR DO WE GUARANTEE THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE SITE, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR WEBSITE OR ANY HYPERLINKED WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A ENCHANTED DEALS REPRESENTATIVE SHALL CREATE A WARRANTY. ENCHANTED DEALS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE CONTENT, THE PROMOTIONAL OFFERS, AND ANY UNDERLYING PRODUCTS AND/OR SERVICES.
7.2
ENCHANTED DEALS, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, RESTAURANTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS DO NOT WARRANT THAT USER’S ACTIVITIES IN CONNECTION WITH OR USE OF OUR WEBSITE OR OUR SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND, IN ANY EVENT, ENCHANTED DEALS SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THIS WESITE OR SERVICE, YOU ACT AT YOUR OWN RISK, AND REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR SERVICES, OR THE PROMOTIONAL OFFERS AND VOUCHERS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE.
7.3
WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.
Section 8. Limitation of Liability
8.1
WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF USE AND CONDITIONS OF SERVICE, UNDER NO CIRCUMSTANCE AND IN NO EVENT SHALL ENCHANTED DEALS ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, RESTAURANTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS IN CONNECTION WITH USERS USE OF THE WEBSITE, HYPERLINKED WEBSITES, OR SERVICES AS SET FORTH BELOW BE:
A) LIABLE TO USERS FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, SERVICE OR PROMOTIONAL OFFERS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (3) THE LEGALITY, ACCURACY, QUALITY, OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, ENCHANTED DEALS’S LIABILITY TO USERS FOR DIRECT DAMAGES FOR ANY AND ALL CLAIMS RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH USERS HAVE ACTUALLY PAID TO ENCHANTED DEALS IN CONJUNCTION WITH THE PROMOTIONAL OFFER UNDER WHICH SUCH CLAIM FIRST AROSE, AND AN AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID TO ENCHANTED DEALS DURING THE PREVIOUS SIX MONTH PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES ENCHANTED DEALS’S LIABILITY TO THE EXTENT IT CANNOT BE LIMITED OR EXCLUDED BY LAW.
B) RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWOK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
8.2
USERS ACCESS TO AND USE OF THE WEBSITE, HYPERLINKED WEBSITES, AND SERVICE IS AT USER’S OWN RISK. IF USERS ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND THE SERVICE.
8.3
USERS RECOGNIZE AND CONFIRM THAT IF USERS INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ENCHANTED DEALS’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE OR THE SERVICE.
Section 9. Copyrights, Trademarks License Grants, and Intellectual Property
9.1 General
The following provisions apply equally to and are for the benefit of Enchanted Deals, its affiliates, Merchants, and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Users should assume that everything that is seen or read on this Website and hyperlinked Websites is copyrighted and is the exclusive property of Enchanted Deals, or used with the express permission of the copyright and/or trademark owner unless otherwise noted.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR HYPERLINKED WEBSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF ENCHANTED DEALS IS STRICTLY PROHIBITED.
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. This Website and hyperlinked websites contain copyrighted material, trademarks, service marks, logos, and other proprietary information, including, but not limited to text, software, photos, video, scripts, graphics, music and sound, interactive features, and the entire contents of the Website are protected by copyright as a collective work under the United States copyright laws, foreign laws, and international conventions. User may not modify, publish, transmit, distribute, copy, reproduce, download participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part. Content provided by Enchanted Deals is provided to you “AS IS,” and user may download, print and/or save copyrighted material for information, personal, and non-commercial use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Enchanted Deals or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notices shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted materials. Trademarks that are located within or on the Website or hyperlinked website otherwise owned or operated in conjunction with Enchanted Deals shall not be deemed to be in the public domain but rather the exclusive property of Enchanted Deals, unless such Website is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Enchanted Deals unless otherwise stated.
9.2 Trademark Name
Enchanted Deals is our trademark. Other product and company names that are mentioned on this Website or provided as part of the Services may be trademarks of their respective owners. All rights in respect of this trademark are hereby expressly reserved.
9.3 Uploading or Submitting Protected Material or Content
User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. Enchanted Deals does not have any express burden or responsibility to provide user with indications, markings or anything else that may aid user in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website or any hyperlinked Website, user warrants that the owner of such material has expressly granted Enchanted Deals, fully paid, royalty-free, perpetual, irrevocable, non-exclusive right and worldwide license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology not known or hereafter developed for the full term of any copyright that may exist in such material. If a user has any rights to the content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights. User also permits any other user to access, view, store, or reproduce the material for that user’s personal use. User hereby grants Enchanted Deals the right to edit, copy, publish and distribute any material made available on this Website or hyperlinked website by user.
9.4 Copyright Policy
We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of other’s intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account. Enchanted Deals reserves the right to terminate its agreement with any user who infringes third party copyrights upon prompt notification to Enchanted Deals by the copyright owner or the copyright owner’s legal agent. Please note that we can only address infringing materials posted on our Website that have been reported to us, and cannot be responsible if any user posted comments or materials repurposed or otherwise copied from the Website and used in other mediums prior to us removing such infringing content. If you are a copyright owner or an owner’s agent and believe that a copyrighted work has been copied and posted via the website or hyperlinked website, or find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act to our Copyright Agent. To do so, please provide Enchanted Deals with the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) A description and location on the Website or hyperlinked website of the copyrighted material that you claim has been infringed and that is to be removed or access to which is to be disabled; (3) A written statement by you that you have a good faith belief that the use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (4) Contact information to permit the service provider to contact you, such as name, address, telephone number, and email address; and (5) 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. Enchanted Deals’s designated Copyright Agent to receive notifications of claimed infringement can be reached at support@enchanteddeals.com.
9.5 License Grant
By posting communications on or through this Website or hyperlinked websites, user shall be deemed to have granted Enchanted Deals a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses.
Section 10. Privacy and Links to Third Parties
10.1 Privacy
User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (“Communities”) are public and not private communications, and that others may read user’s content, messages, or information found in any Community. Enchanted Deals specifically disclaims any liability concerning the Communities and any actions resulting from users participation in any Community, including any objectionable content. Generally, any communication which users post to Enchanted Deals (whether in chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Enchanted Deals as confidential, that fact will be stated on those pages. By posting comments, messages, or other information on the Website or hyperlinked websites, users grant Enchanted Deals the right to use such comments, messages, or information for promotions, advertising, market research, or any other lawful purpose without territorial, time, or other limitation.
10.2 Links to Third Party Websites
Enchanted Deals may contain links to third party websites that are not owned, operated, or controlled by Enchanted Deals. We are a distributor (not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributor(s) and not of Enchanted Deals. In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, member, or other user not affiliated with Enchanted Deals. Enchanted Deals neither endorses or is responsible for the accuracy or reliability of any opinion, advice, or statement made on our Website by anyone other than authorized personnel acting in their official capacity. Under no circumstance will Enchanted Deals be liable for any loss or damage caused by a user’s reliance on information obtained through our Website. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Enchanted Deals. Enchanted Deals contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Enchanted Deals of the contents on such third party websites, and Enchanted Deals hereby expressly disclaims any representations regarding the content or accuracy of materials on such third party websites. If user decides to access linked third party websites, user does so its own risk. Unless you have executed a written agreement with Enchanted Deals expressly permitting you to do so, you may not provide a hyperlink to the Website or any hyperlinked website from any other website. Enchanted Deals reserves the right to revoke its consent to any hyperlink at any time in its sole discretion.
Section 11. Termination
11.1 General
Enchanted Deals reserves the right to terminate this Agreement at our election and for any reason, without prior notice, and the right, in it’s sole discretion to this terminate any passwords or accounts of users in the event of any conduct by users which Enchanted Deals, in its sole discretion, considers to be unacceptable, of in the event of any breach of this Agreement by users. In the event of any termination, users will immediately cease access to the Website and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement especially applicable to such Voucher.
Section 12. Indemnification and Release
12.1 General
User agrees to defend, indemnify, and hold harmless Enchanted Deals, its affiliates, and their respective directors, officers, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including attorneys’ fees, arising out of or related to any (1) products or services purchased by user in connection with the Website or hyperlinked websites; (2) user access and use of our Website; (3) user violation of any term of these Terms of Use; (4) a material breach of any of its representations or warranties set forth in these Terms; (5) any claims resulting from injury or death as a result of services or goods offered by the Merchant; (6) any claim resulting from the Merchant’s breach of applicable law, negligence, or willful misconduct; and (7) user violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that any content submitted by you causes damage to a third party.
12.2 Interactions with Other Users or Merchants
Enchanted Deals reserves the right, but has no obligation, to monitor, or take any action that we deem appropriate regarding disputes that you may have with any of our Merchants or other users. To the extent allowed by applicable law, you release us from any claims or liability related to any content posted on the Website and from any claims related to the conduct of any of our Merchants or other users. Users are solely responsible for interactions with Merchants and other users of the Website or hyperlinked websites. To the extent allowed by applicable law, users hereby release Enchanted Deals from any and all claims or liability to any product or service of a Merchant, any action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online, or offline, of any other user. This defense and indemnification obligation will survive these Terms of Use and your use of Enchanted Deals.
Section 13. Arbitration
13.1 General
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Mexico. By using this Website, user agrees that: (1) any claim, dispute, or controversy user may have against Enchanted Deals arising out of, relating to or connected in any way with this Agreement, this Website, or any hyperlinked website, 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 in Albuquerque, New Mexico; (3) the arbitrator shall apply New Mexico law consistent with the Federal Arbitration Act and applicable statutes of limitation, 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 Enchanted Deals’ individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly stated; and (5) with the exception of subpart (4) above, if any of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the 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 user nor Enchanted Deals shall be entitled to arbitrate their dispute.
CONTACT US
If you have any questions regarding our Terms of Use, please contact us at support@enchanteddeals.com.
Updated: January 2, 2012
