Terms of Service

Terms of Service

Last Updated: March 21, 2013

By using our website, mobile site or app (the "Service"), you agree to be bound by these Terms of Service and to use the Service in accordance with these Terms of Service, our Privacy Notice, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Service, or to products and services that we make available to you through the Service (all of which are deemed part of these Terms of Service). Accessing the Service, in any manner, whether automated or otherwise, constitutes use of the Service and your agreement to be bound by these Terms of Service. Your accessing the Service for the limited and exclusive purpose of reviewing these Terms of Service does not constitute your "use" of the Service or agreement to be bound by these Terms of Service unless you further access or use the Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website and update the “Last Updated” date to reflect the date of the changes. If we make a material change to the Terms of Service, we will not enforce the material change retroactively (i.e., to use of the Service occurring before the change) unless we notify you by posting a prominent notice of the change on the home or landing page of this website or otherwise notify you of the changes so you may elect whether to accept the changes by continuing to use the Service, or terminate your account. By continuing to use the Service after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified.

We also reserve the right to deny access to the Service or any features of the Service to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others.

Rights and Restrictions Relating to Service Content

Your Limited Right to Use Service Materials. This Service and all the materials available on the Service are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Service is provided solely for your personal noncommercial use. You may not use the Service or the materials available on the Service in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Service. You may, however, from time to time, download and/or print one copy of individual pages of the Service’s website(s) for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Service, please contact us.

Our Right to Use Materials You Submit or Post. When you submit or post any material via the Service, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Service, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

Limitations on Linking and Framing. You are free to establish a hypertext link to our Service so long as the link does not state or imply any sponsorship of your website or service by us or by our Service. However, you may not, without our prior written permission, frame or inline link any of the content of our Service, or incorporate into another website or other service any of our material, content or intellectual property.

How DealChicken Works

We work with merchants and businesses ("Merchants") to provide you with the opportunity to purchase products or services at a time-limited promotional rate from a particular Merchant ("Deals"). The Merchant sets the "Value" of the Deal. The Value is made up of the "Payment" (the amount that you pay for the Deal) and the "Promotional Portion" (the difference between the Payment and the Value). For example, a Deal could allow you to receive a movie ticket usually priced at $10 if you pay $6. The Value of that Deal is $10. The Payment for that Deal is $6. The Promotional Portion of that Deal is $4.

We may send messages to our subscribers that promote Deals from Merchants. We also publish Deals on our Service.

If you want to purchase a Deal that you see in one of our messages or on our Service, you must log in to your account on our Service, where you then can purchase the Deal by entering your credit card information and following all of the other instructions. If you want to purchase a Deal, but you do not have an account, you will be prompted to create one. (See the section entitled "Service Registration Process" below.)

We will send you a message confirming your purchase of a Deal and the notification will permit you to redeem your purchased Deal for certain goods, services or experiences offered by, or facilitated through, the Merchant. You also can view the Deal by logging into your account.

Each Merchant may impose its own terms and conditions on the use and/or redemption of any Deal. Except as otherwise stated on a Deal or required by law, the following terms and conditions apply to all Deals from all Merchants:

  • Deals cannot be combined with any other coupons, discounts, or promotions.
  • If an expiration date for the promotion is stated, then the Promotional Portion expires on the expiration date. Your Payment will not expire until the date that is five years after your credit card is charged, unless the laws of the state in which the Merchant is located require the Merchant to honor the Payment for longer than five years, in which case the expiration of the Payment will be determined by applicable state law. For example, if the Deal voucher states the promotion expires six months after purchase, then on the expiration date the Promotional Portion expires, but you will still be able to redeem your Deal for the amount of your Payment for at least another four years and six months after purchase (or longer if required by state law in the state in which the Merchant is located).
  • No refunds, cash back, or credit will be issued for the Promotional Portion.
  • In the event you partially use the Value, your redemption of the Deal will be allocated by the Merchant against the Payment first, and then against the Promotional Portion. No refunds, cash back, or credit will be issued for any partially used Value.
  • Neither DealChicken nor the Merchant will be responsible for lost or stolen Deal vouchers and/or the return of any notification as undeliverable.
  • Notification of Deals may not be duplicated. Any such duplicates are null and void.
  • Deals or the Value cannot be used for taxes, tips, prior balances, or shipping or handling charges.
  • Use of Deals for alcoholic beverages is at the Merchant's discretion.

The Merchant is the issuer of the Deal and is the seller of the products and services to which the Deal pertains. Therefore, the Merchant is solely responsible for (1) complying with the terms of the Deal; (2) any and all injuries, damages, costs, liabilities and claims arising out of, or relating to, the Merchant’s goods or services; and (3) any unclaimed property liability arising out of Deals that are unredeemed or are only partially redeemed. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.

Refund Policy. Unless the terms of a particular Deal specifically state otherwise or unless otherwise stated herein, DealChicken will refund the Payment amount for any unredeemed Deal voucher for any reason within the first fourteen (14) days after purchase. To request a refund, you must contact us within the fourteen (14) day period. DealChicken also will refund or provide a credit in the amount of your Payment for any unredeemed Deal voucher if after your reasonable efforts to redeem the Deal voucher (i) the Merchant does not honor the Deal voucher prior to the expiration date of the Promotional Portion of the Deal; (ii) the Merchant does not honor the Payment Portion of the Deal as required by federal or applicable state law, as described above; or (iii) the Merchant goes out of business prior to honoring the Deal voucher or the Payment Portion of the Deal as required by federal or applicable state law, as described above. Credits may be applied to a future purchase on the Service and must be used within five years after issuance, unless state law requires that the credits be honored for longer than five years, in which case you can redeem the credits for as long as required by such state law. For ticketed events, DealChicken will not refund the Payment amount for customer convenience or if customer misses the event. If an event is canceled or rescheduled, DealChicken will refund the Payment amount upon request prior to the scheduled event. Please see our FAQ and terms and conditions of Deals for specific refund rules applicable to other DealChicken products and services, such as for Travel, Golf and Everywhere Deals.

Service Registration Process

In order to receive our daily messages, we may ask you to subscribe by providing certain personally identifiable information such as your name and email address or other electronic address as well as certain demographic information such as your city and state of residence. We may send you a message asking you to verify your subscription to our daily message service. To access certain features of our Service (including to offer to purchase a Deal or to print a Deal you have purchased), we may ask you create an account by providing certain demographic information including your gender, age or year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Service, such as discussion forums or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address or other electronic address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s subscription and registration forms. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Notice.

Responsibility for Your Username and Password

To use certain features of our Service, you will need to create an account, using a username and password you select. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Service or any features of the Service, to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Online Commerce

Certain sections of this Service allow you to purchase different types of products and services online (including Deals) that are provided by third parties, such as Merchants. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you purchase a Deal on our Service, or make any other purchase from a third party on our Service or on a third-party website that you have accessed via a link on our Service, the information obtained during your visit to that third party’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the third party and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the Service.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service, and to purchase services or products through the Service, for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Responsibility for User-Provided Content

This Service may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, email services, mobile services and social networking features that allow feedback to us and allow users to interact with each other on the Service and post content and materials for display on the Service. This Service also may include other features, such as personalized home pages, email services and mobile services that allow users to communicate with third parties. By accessing and using any such features (if any) on our Service, you represent and agree: (i) that you have read and agree to abide by our Community Rules; (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 13 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Service by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header "Rights and Restrictions Relating to Service Content."

Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages and other areas on the Service (if any) through which users can supply information or material, or sent via any email services that are made available via the Service, lies with each user – you alone are responsible for the material you post or send. We are not responsible for the speech, content, messages, information or files that you or others may transmit, post or otherwise provide on or through the Service.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages or other areas of the Service (if any) through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Service, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

Limitation on Use of Company Directories

The information contained in any company directories that may be provided on the Service is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.

Privacy

We respect the privacy of the users of our Service. Please take a moment to review our Privacy Notice. These Terms of Service include and fully incorporate our Privacy Notice.

Modifications to, or Discontinuation of, the Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any portion thereof.

Disclaimers

Throughout our Service, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by us on the Service.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SERVICE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR MATERIALS ON THIS SERVICE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO US TO GRANT THE LICENSE CONTAINED IN THESE TERMS OF SERVICE AND TO PROVIDE YOU WITH ACCESS TO OUR SERVICE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

You acknowledge that by using the Service you may incur charges from your wireless carrier, Internet service provider or other method of Internet or data access, and that payment of any such charges will be your sole responsibility. You agree that your use of the Service will be in accordance with all requirements of your wireless carrier, Internet service provider and other method of Internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

Your interactions with companies, organizations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Service.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SERVICE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SERVICE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SERVICE, OR WITH ANY OF THE SERVICE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Indemnification

You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Service, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Suspension and Termination of Access

You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Service, or any part of the Service, and remove and discard any materials that you submit to the Service, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Service, or any removal of any materials that you have submitted to the Service. In the event that we suspend or terminate your access to and/or use of the Service, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Service in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to DealChicken.com, Gannett Co., Inc., 7950 Jones Branch Drive, McLean, VA 22107, Attn: Mark Faris, or by email to mfaris@gannett.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Service; (3) your contact information, including your address, telephone number, and, if available, email address or other electronic address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Service.

Restrictions

The Service is intended for use only by residents of the United States over the age of 13. It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements that differ from those in the U.S. By using this Service, you agree to the transfer and processing of any personal information you provide to the U.S. as set forth in the Privacy Notice under the laws of the United States and the State of New York, rather than under the law of your home country.

Other

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Service or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.