Terms and Conditions

TERMS OF SERVICE
PLEASE READ THIS SECTION
PLEASE CAREFULLY READ THESE TERMS OF SERVICE ("TERMS") BEFORE USING THIS WEBSITE, THE SERVICE, OR ANY OTHER CONTENT ACCESSIBLE ON OR THROUGH THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
The Service 
MyDailyDeals.com (the “Site”) is owned and operated by MyDailyDeals.com, LLC. (“MyDailyDeals” or “we”, “our” or “us”), whose permanent address is located at 17015 Park Row, Houston, TX 77084. We offer a service (the “Service”) which connects buyers of services and goods (“Buyers”) with sellers of services and goods (“Merchants”). Merchants provide us with certain promotional offers (each a “Merchant Offer” or “Offer”), usually offering a discount if enough Buyers are willing to buy a service or good within a certain time period. Sometimes a minimum will not be necessary.  We make these Merchant Offers available through the Site. If a minimum is required and when enough Buyers agree to purchase the good or service promoted in the Merchant Offer, the Merchant is bound to fulfill it. MyDailyDeals oversees collection of payment on behalf of the Merchant from the Buyer. Upon confirmation of payment, MyDailyDeals, again on behalf of the Merchant, issues the Buyer a voucher (“Voucher”) redeemable for the applicable service or good within an applicable time frame. 
Whether you are a Merchant or a Buyer, these Terms apply to you. Therefore, Merchants and Buyers are referred to as “you” or “User” hereafter. Whereas the Terms are only applicable to one subset of Users or the other, we identified.
These Terms incorporate the Privacy Policy and details in the FAQ which taken together describe the rules that must be followed by any person who establishes a connection for access to and use of the Site. You may not use or access the Site or the Service if you do not agree to these Terms. 
Because we are constantly innovating in order to provide better experiences for our users, we reserve the right to modify or discontinue any feature or aspect of the Site or the Service at anytime. We must also, therefore, reserve the right to change the Terms governing any User’s use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page. Any use by you subsequent to these changes will constitute your acceptance of such changes. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current Terms. As a sole exception to this, for any Merchant where we have countersigned a Merchant Offer, the Terms will not be deemed changed as to that Merchant Offer. 
Terms Applicable Only to Buyers 
Merchant Offers often come with limitations. Buyers need to read the applicable terms of the relevant Merchant Offer.  Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal.  These specific terms have been assigned by the Merchant.  Merchant Offers for goods or services purchased at discount prices are often also subject to time limits or other restrictions which may require the Buyer to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Merchant Offer. We will use reasonable efforts to make any limitations known to you when we post the Merchant Offer. You will not be able to redeem any Voucher in violation of the restrictions governing the Merchant Offer, and funds paid for such a Voucher will be non-refundable. The promotional portion of all Vouchers expires on the date printed on your Voucher. 
Minors under the age of 18 may not use the Website. We do not collect or maintain information from anyone known to be under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. MyDailyDeals does not sell products for purchase by children. In certain instances, we sell children's products for purchase by adults. If you are under 18, you may use MyDailyDeals only with the involvement of a parent or guardian.  You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are 18 years of age or older. If you aren't 18 and are unsupervised, you must please leave MyDailyDeals.com. 
Unless expressly stated otherwise in the Merchant Offer, (i) there is a limit of one Voucher per person per Merchant Offer and (ii) Vouchers are not redeemable in partial amounts. 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 Merchant Offers. Each Voucher authentication number is only usable once. You are responsible for keeping your Voucher number secure. Neither the Merchant nor MyDailyDeals will be liable if your Voucher is lost or stolen. The value of each Voucher is the amount the Buyer actually paid for it. It is NOT the face value of the services specified by the Voucher. Amounts paid are non-refundable except to the extent may be required by applicable law. 
MyDailyDeals advertise the Deals and acts as an agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher and as issuer of the Voucher, the 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 Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating non-affiliated Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is at your sole discretion.
You will need to register by creating an account with MyDailyDeals in order to publish Content on the Site or obtain access to certain Services.  If you choose to create an account or MyDailyDeals profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the MyDailyDeals Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who’s privilege to access the Site or use the Services has previously been terminated by MyDailyDeals may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
MyDailyDeals relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that it is really you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules at our sole discretion, and you hereby agree to our interpretation.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.
Terms Applicable to Merchants
Each Merchant is required to submit a signed written schedule for each promotion the Merchant wishes MyDailyDeals.com to publish on the Service (an “Offer” or “Merchant Offer”). Any provision of a Merchant Offer which has been signed by us and expressly overrides these Terms will take precedence over these Terms, but these Terms will otherwise govern the relationship between the Merchant and MyDailyDeals.com. 
Merchant hereby appoints MyDailyDeals.com as its limited agent, solely for the purposes of (i) promoting those Merchant Offers where Merchant and MyDailyDeals have cosigned a Merchant Offer, (ii) collecting payment on behalf of Merchant when the minimum aggregate number of Buyers specified in the Merchant Offer has been reached, if there is one and (iii) for issuing Vouchers in accordance with the terms specified in the Merchant Offer to paid up Buyers. 
Merchant represents and warrants that: (i) it will honor the terms of all purchased Merchant Offers in a professional manner, (ii) it will not impose any term on any Merchant Offer which is in violation of applicable law, (iii) it will have and grant sufficient intellectual property rights in any content which it provides to MyDailyDeals (including, without limitation any logo or photograph) to allow MyDailyDeals to copy, publish, disclose and display such content on the Site and as otherwise necessary to promote and fulfill the Merchant Offer, and (iv) it shall collect and use personal information from Buyers only in accordance with applicable law and the terms and conditions of the Privacy Policy.
Merchant 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 with the Services or the fulfillment of any Merchant Offer. 
The Merchant acknowledges that the availability of Services shall be on a first-come, first-serve basis. MyDailyDeals shall not, under any circumstance, be liable to the Merchant for lack of availability of the Site. Merchant further acknowledges that MyDailyDeals is under no obligation to display or keep open any Merchant Offer. 
Global Terms
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:  no cash value for any Voucher, no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law, no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher, use of a Voucher for alcoholic beverages is at the sole discretion of the merchant (which may be limited by applicable state law), unless otherwise noted on the Voucher, Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher, Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable, neither MyDailyDeals nor the merchant is responsible for lost or stolen Vouchers , duplicate use, sale or trade of a Voucher is prohibited, except as required by law.
Except for Indemnification obligations hereunder, in no event shall either party be liable or obligated to the other party or any third party in any manner for any special, incidental, exemplary, consequential, punitive, or indirect damages of any kind regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if informed of the possibility of any such damages in advance, MyDailyDeals.com sole and complete liability to Merchant for any claims arising out of the relating to this Agreement or any errors, omissions or misplacements of the Vouchers shall be limited to the amount of opportunity fees paid hereunder.  This limitation of liability shall apply to the maximum extent permitted by applicable law and notwithstanding the failure of any limited remedy.
Merchant shall indemnify, defend and hold harmless MyDailyDeals.com, its directors, officers, employees and agents from and against any and all liabilities arising out of the Discount Merchant Offer, the Merchant Product or the fulfillment thereof (including without limitation, any claim by any purchaser relating to Merchant’s products or services). 
Except as expressly set forth in this Agreement, neither party makes any representations or warranties, express or implied of Merchant ability MyDailyDeals.com does not warrant or guarantee that the services Merchant Offered on or through the website shall be uninterrupted or error-free, that the Vouchers will be error-free or that any errors, omissions or misplacements in the Voucher will be corrected, or that Vouchers will result in any revenue or profit for the Merchant.
The terms of the Agreement and any dispute relating thereto or between you and us will be governed by the laws of the State of Texas, without regard to conflict. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas. Any claim against us will be adjudicated on an individual basis and will not be consolidated in any proceeding with any claim or controversy of any other party.  Without limiting any of the rights of MyDailyDeals.com under this Agreement, Merchant shall indemnify MyDailyDeals.com for any liability that MyDailyDeals.com has to any purchaser relating to or arising out of the Merchant Product, whether in tort, contract, law or otherwise.  
Unless earlier terminated as set forth herein, this Agreement shall commence on the Agreement Date and end on the Expiration Date.  This Agreement is the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes any and all prior Agreements and/or understandings, whether written or oral.  Final acceptance of this Agreement shall be made at 17015 Park Row, Houston, TX, 77084; Merchant waives the right of notice thereof.  Distributor reserves the right to reject any Merchant Offer for any reason. You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario. Any claim or dispute between you and MyDailyDeals that arises in whole or in part from MyDailyDeals shall be decided exclusively by a court of competent jurisdiction located in Delaware.
The Site may contain hyperlinks to third party websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and may have different practices and requirements than the Site. MyDailyDeals has no knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. The terms of service and privacy policy of any Other Sites shall apply to your access and use of them and you should familiarize yourself with those documents. MyDailyDeals accepts no responsibility for the content or conduct of Other Sites. 
Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement 
Content and software on the Site is the property of MyDailyDeals, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you receive specific permission to do so in a separate written agreement from MyDailyDeals or the owners of the content. Unauthorized use of any content displayed by MyDailyDeals is a violation of United States and international copyright laws. 
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our office with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (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) 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; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) 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 owner, its agent, or the law; and (6) 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. MyDailyDeals designated officer to receive notifications of claimed infringement can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Arbitration.
You and MyDailyDeals agree that any cause of action arising out of or related to MyDailyDeals must commense within one (1) year after the cause of action accrues otherwise, such cause of action is permanently barred.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against MyDailyDeals arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and MyDailyDeals; (3) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or MyDailyDeals 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 the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MyDailyDeals will pay as much of the End User’s 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 End User nor MyDailyDeals shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

PLEASE READ THIS SECTION

PLEASE CAREFULLY READ THESE TERMS OF SERVICE ("TERMS") BEFORE USING THIS WEBSITE, THE SERVICE, OR ANY OTHER CONTENT ACCESSIBLE ON OR THROUGH THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

The Service 

MyDailyDeals.com (the “Site”) is owned and operated by MyDailyDeals.com, LLC. (“MyDailyDeals” or “we”, “our” or “us”), whose permanent address is located at 17015 Park Row, Houston, TX 77084. We offer a service (the “Service”) which connects buyers of services and goods (“Buyers”) with sellers of services and goods (“Merchants”). Merchants provide us with certain promotional offers (each a “Merchant Offer” or “Offer”), usually offering a discount if enough Buyers are willing to buy a service or good within a certain time period. Sometimes a minimum will not be necessary.  We make these Merchant Offers available through the Site. If a minimum is required and when enough Buyers agree to purchase the good or service promoted in the Merchant Offer, the Merchant is bound to fulfill it. MyDailyDeals oversees collection of payment on behalf of the Merchant from the Buyer. Upon confirmation of payment, MyDailyDeals, again on behalf of the Merchant, issues the Buyer a voucher (“Voucher”) redeemable for the applicable service or good within an applicable time frame. 

Whether you are a Merchant or a Buyer, these Terms apply to you. Therefore, Merchants and Buyers are referred to as “you” or “User” hereafter. Whereas the Terms are only applicable to one subset of Users or the other, we identified.

These Terms incorporate the Privacy Policy and details in the FAQ which taken together describe the rules that must be followed by any person who establishes a connection for access to and use of the Site. You may not use or access the Site or the Service if you do not agree to these Terms. 

Because we are constantly innovating in order to provide better experiences for our users, we reserve the right to modify or discontinue any feature or aspect of the Site or the Service at anytime. We must also, therefore, reserve the right to change the Terms governing any User’s use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page. Any use by you subsequent to these changes will constitute your acceptance of such changes. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current Terms. As a sole exception to this, for any Merchant where we have countersigned a Merchant Offer, the Terms will not be deemed changed as to that Merchant Offer. 

Terms Applicable Only to Buyers 

Merchant Offers often come with limitations. Buyers need to read the applicable terms of the relevant Merchant Offer.  Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal.  These specific terms have been assigned by the Merchant.  Merchant Offers for goods or services purchased at discount prices are often also subject to time limits or other restrictions which may require the Buyer to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Merchant Offer. We will use reasonable efforts to make any limitations known to you when we post the Merchant Offer. You will not be able to redeem any Voucher in violation of the restrictions governing the Merchant Offer, and funds paid for such a Voucher will be non-refundable. The promotional portion of all Vouchers expires on the date printed on your Voucher. 

Minors under the age of 18 may not use the Website. We do not collect or maintain information from anyone known to be under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. MyDailyDeals does not sell products for purchase by children. In certain instances, we sell children's products for purchase by adults. If you are under 18, you may use MyDailyDeals only with the involvement of a parent or guardian.  You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are 18 years of age or older. If you aren't 18 and are unsupervised, you must please leave MyDailyDeals.com. 

Unless expressly stated otherwise in the Merchant Offer, (i) there is a limit of one Voucher per person per Merchant Offer and (ii) Vouchers are not redeemable in partial amounts. 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 Merchant Offers. Each Voucher authentication number is only usable once. You are responsible for keeping your Voucher number secure. Neither the Merchant nor MyDailyDeals will be liable if your Voucher is lost or stolen. The value of each Voucher is the amount the Buyer actually paid for it. It is NOT the face value of the services specified by the Voucher. Amounts paid are non-refundable except to the extent may be required by applicable law. 

MyDailyDeals advertise the Deals and acts as an agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher and as issuer of the Voucher, the 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 Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating non-affiliated Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is at your sole discretion.

You will need to register by creating an account with MyDailyDeals in order to publish Content on the Site or obtain access to certain Services.  If you choose to create an account or MyDailyDeals profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the MyDailyDeals Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who’s privilege to access the Site or use the Services has previously been terminated by MyDailyDeals may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

MyDailyDeals relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that it is really you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules at our sole discretion, and you hereby agree to our interpretation.

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.

Terms Applicable to Merchants

Each Merchant is required to submit a signed written schedule for each promotion the Merchant wishes MyDailyDeals.com to publish on the Service (an “Offer” or “Merchant Offer”). Any provision of a Merchant Offer which has been signed by us and expressly overrides these Terms will take precedence over these Terms, but these Terms will otherwise govern the relationship between the Merchant and MyDailyDeals.com. 

Merchant hereby appoints MyDailyDeals.com as its limited agent, solely for the purposes of (i) promoting those Merchant Offers where Merchant and MyDailyDeals have cosigned a Merchant Offer, (ii) collecting payment on behalf of Merchant when the minimum aggregate number of Buyers specified in the Merchant Offer has been reached, if there is one and (iii) for issuing Vouchers in accordance with the terms specified in the Merchant Offer to paid up Buyers. 

Merchant represents and warrants that: (i) it will honor the terms of all purchased Merchant Offers in a professional manner, (ii) it will not impose any term on any Merchant Offer which is in violation of applicable law, (iii) it will have and grant sufficient intellectual property rights in any content which it provides to MyDailyDeals (including, without limitation any logo or photograph) to allow MyDailyDeals to copy, publish, disclose and display such content on the Site and as otherwise necessary to promote and fulfill the Merchant Offer, and (iv) it shall collect and use personal information from Buyers only in accordance with applicable law and the terms and conditions of the Privacy Policy.

Merchant 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 with the Services or the fulfillment of any Merchant Offer. 

The Merchant acknowledges that the availability of Services shall be on a first-come, first-serve basis. MyDailyDeals shall not, under any circumstance, be liable to the Merchant for lack of availability of the Site. Merchant further acknowledges that MyDailyDeals is under no obligation to display or keep open any Merchant Offer. 

Global Terms

Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:  no cash value for any Voucher, no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law, no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher, use of a Voucher for alcoholic beverages is at the sole discretion of the merchant (which may be limited by applicable state law), unless otherwise noted on the Voucher, Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher, Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable, neither MyDailyDeals nor the merchant is responsible for lost or stolen Vouchers , duplicate use, sale or trade of a Voucher is prohibited, except as required by law.

Except for Indemnification obligations hereunder, in no event shall either party be liable or obligated to the other party or any third party in any manner for any special, incidental, exemplary, consequential, punitive, or indirect damages of any kind regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if informed of the possibility of any such damages in advance, MyDailyDeals.com sole and complete liability to Merchant for any claims arising out of the relating to this Agreement or any errors, omissions or misplacements of the Vouchers shall be limited to the amount of opportunity fees paid hereunder.  This limitation of liability shall apply to the maximum extent permitted by applicable law and notwithstanding the failure of any limited remedy.

Merchant shall indemnify, defend and hold harmless MyDailyDeals.com, its directors, officers, employees and agents from and against any and all liabilities arising out of the Discount Merchant Offer, the Merchant Product or the fulfillment thereof (including without limitation, any claim by any purchaser relating to Merchant’s products or services). 

Except as expressly set forth in this Agreement, neither party makes any representations or warranties, express or implied of Merchant ability MyDailyDeals.com does not warrant or guarantee that the services Merchant Offered on or through the website shall be uninterrupted or error-free, that the Vouchers will be error-free or that any errors, omissions or misplacements in the Voucher will be corrected, or that Vouchers will result in any revenue or profit for the Merchant.

The terms of the Agreement and any dispute relating thereto or between you and us will be governed by the laws of the State of Texas, without regard to conflict. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas. Any claim against us will be adjudicated on an individual basis and will not be consolidated in any proceeding with any claim or controversy of any other party.  Without limiting any of the rights of MyDailyDeals.com under this Agreement, Merchant shall indemnify MyDailyDeals.com for any liability that MyDailyDeals.com has to any purchaser relating to or arising out of the Merchant Product, whether in tort, contract, law or otherwise.  

Unless earlier terminated as set forth herein, this Agreement shall commence on the Agreement Date and end on the Expiration Date.  This Agreement is the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes any and all prior Agreements and/or understandings, whether written or oral.  Final acceptance of this Agreement shall be made at 17015 Park Row, Houston, TX, 77084; Merchant waives the right of notice thereof.  Distributor reserves the right to reject any Merchant Offer for any reason. You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario. Any claim or dispute between you and MyDailyDeals that arises in whole or in part from MyDailyDeals shall be decided exclusively by a court of competent jurisdiction located in Delaware.

The Site may contain hyperlinks to third party websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and may have different practices and requirements than the Site. MyDailyDeals has no knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. The terms of service and privacy policy of any Other Sites shall apply to your access and use of them and you should familiarize yourself with those documents. MyDailyDeals accepts no responsibility for the content or conduct of Other Sites. 

Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement

Content and software on the Site is the property of MyDailyDeals, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you receive specific permission to do so in a separate written agreement from MyDailyDeals or the owners of the content. Unauthorized use of any content displayed by MyDailyDeals is a violation of United States and international copyright laws.

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our office with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (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) 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; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) 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 owner, its agent, or the law; and (6) 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. MyDailyDeals designated officer to receive notifications of claimed infringement can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Arbitration

You and MyDailyDeals agree that any cause of action arising out of or related to MyDailyDeals must commense within one (1) year after the cause of action accrues otherwise, such cause of action is permanently barred.

By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against MyDailyDeals arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and MyDailyDeals; (3) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or MyDailyDeals 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 the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MyDailyDeals will pay as much of the End User’s 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 End User nor MyDailyDeals shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

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