- About the Site
- Ownership of the Site
- Use of the Site
- Access to the Site
- Your Conduct
- Your Privacy
- Copyright and Trademarks
- Unsolicited Ideas
- Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
- Disclaimer of Warranty
- Limitation of Liability
- Electronic Communications
- Websites of Others
- Force Majeure
- Entire Agreement
- Choice of Law
- Dispute Resolution/Arbitration Agreement
- Additional Disclosures
1. About the Site
The Site is a platform through which certain merchants (“Merchants”) make available coupons, promotional codes, discounts, and other various offers (“Coupons”) to consumers. Coupons are subject to the terms and conditions as specified by the Merchant. By obtaining a Coupon through the Site, you acquire the right to redeem the Coupon with the Merchant. Coupons may change at any time in our and/or Merchant’s sole discretion, without notice.
All content on the Site consists of Merchant or third party content not endorsed or recommended by us.
As the issuer of the Coupon, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”), caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. We do not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. We are not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon.
You understand that we: (i) do not and cannot review the content made available on this portion of the Site; (ii) do not validate or guarantee any of the content made available on this portion of the Site; and (iii) are not a party to any transaction you make on a Merchant’s site or third party site.
2. Ownership of the Site
3. Use of the Site
As a condition of your use of the Site, you agree that:
- You have reached the age of majority in the state or province in which you reside;
- You are able to create a binding legal obligation;
- You are not barred from receiving products or services under applicable law;
- You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;
- You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete; and
- You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account).
4. Access to the Site
We retain the right, at our sole discretion, to deny service or use of the Site to anyone at any time and for any reason. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time. You understand and agree that there may be interruptions in service or events or Site access due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
6. Your Conduct
- Submitting any content to the Site that:
- Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
- Contains personal information, except when we expressly ask you to provide such information;
- Contains viruses or malware;
- Offers unauthorized downloads of any copyrighted, confidential, or private information;
- Has the effect of impersonating others;
- Contains messages by our non-spokesperson employees purporting to speak on our behalf or provides confidential information concerning us;
- Contains chain letters of any kind;
- Is purposely inaccurate, commits fraud, or falsifies information; or
- Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- Attempting to do or actually doing any of the following:
- Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
- Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
- Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site.
- Using any of the following:
- Frames, framing techniques, or framing technology to enclose any content included on the Site without our express written permission;
- Any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- The Site or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with us; or
- The Site or any of its resources to solicit consumers, Merchants, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with us, including, without limitation, aggregating current or previously offered Coupons.
- Collecting any of the following:
- Content from the Site, including, without limitation, in connection with current or previously offered Coupons, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
- Personal information or content of any consumers or Merchants.
- Engaging in any of the following:
- Tampering or interfering with the proper functioning of any part, page, or area of the Site or any functions or services provided by us;
- Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Reselling or repurposing your access to the Site;
- Exceeding or attempting to exceed quantity limits when purchasing Merchant
- Accessing, monitoring, or copying any content from the Site using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
- Aggregating any current or previously-offered Coupons or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
- Deep-linking to any portion of the Site without our express written permission;
- Hyperlinking to the Site from any other website without our initial and ongoing consent; or
- Acting illegally or maliciously against the business interests or reputation of us, our Merchants, or our services.
7. Your Privacy
8. Copyright and Trademarks
The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. We own a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of us or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Other marks on the site not owned by us may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. You may not use our name, logos, trademarks or brands, or trademarks or brands of others on the Site without our express permission.
9. Unsolicited Ideas
We do not accept or consider, directly or through any of our employees or agents, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“bUnsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- We have no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
- We will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
10. Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
- Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or content on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to our attention, you can report your concern(s) by submitting your complaint to our parent company, Groupon, here.
- DMCA Procedures. We reserve the right to terminate your, or any third-party’s, right to use the Site if such use infringes the copyrights of another. We may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access to the Site, if we determine that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to our attention, you must provide our DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for our DMCA Agent for notice of claims of copyright infringement is: Groupon, Inc. Attn: Copyright Agent, 600 W. Chicago Ave., Chicago, IL 60654, email: firstname.lastname@example.org.
11. Disclaimer of Warranty
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER US, NOR OUR SUBSIDIARIES OR AFFILIATES OR ANY OF OUR/THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, COUPONS OR (II) DESCRIPTIONS OF COUPONS. THE SITE AND ALL CONTENT, INFORMATION CONTAINED ON THE SITE, AND COUPONS ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, INFORMATION CONTAINED ON THE SITE, AND COUPONS, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY US THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
12. Limitation of Liability
13. Electronic Communications
When you use the Site or send emails to us, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
14. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked site or resource.
16. Force Majeure
18. Entire Agreement
19. Choice of Law
20. Dispute Resolution/Arbitration Agreement
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and us agree that any Dispute may only be instituted in a state or federal court in Cook County, Illinois/Northern District of Illinois; (ii) you and us irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and us agree to waive any right to a trial by jury. You and us agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of us.
(e) Severability. With the exception of Section 20(b) above, if any part of this Section 20 is ruled to be unenforceable, then the balance of this Section 20 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 20(b) above is ruled to be unenforceable, then Section 20(a) shall be deemed unenforceable, but the rest of Section 20 shall remain in full effect.
22. Additional Disclosures
You are contracting with Invitation Digital Limited, doing business as a subsidiary of Groupon, Inc. Correspondence should be directed to: Groupon, Inc., 600 West Chicago Avenue, Chicago, IL 60654; https://www.groupon.com/customer_support
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.