PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE DEAL OR COUPON WEBSITE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU WILL NOT HAVE ANY RIGHT TO USE THE WEBSITE.
Acceptance of Terms
The following terms and conditions govern all use of the Deal Perform Coupon and/or Deal Website. The Website is owned and operated by Deal Perform Network, Inc. The Website will publish Coupon and/or deals (Offers) each day that can be purchased in exchange for an offer Voucher (Voucher) or a printed coupon. The Website is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Deal Perform Network (collectively, the Terms of Use).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS, USE, OR MAKE A PURCHASE THROUGH THE WEBSITE.
Offers
Deal Perform takes no responsibility for the services or products for which Vouchers or Coupons may be redeemed – Deal Perform makes no warranty to the End Users for the quality, safety, usability, or other aspect of the product or service for which the Voucher or Coupn is redeemed. Some services for which Vouchers or Coupons can be redeemed are activities that involve potential bodily harm (such as skydiving, etc), and for those activities, Deal Perform takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing the services for which the Voucher or Coupon can be redeemed. See, below, for more information on this limitation of Deal Perform’s liability.
Purchases and Prints
By purchasing a Voucher or printing a coupon, you agree to abide by the restrictions included in the offer details stated by the merchant.
The Voucher you purchase or Coupon you print is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Deal Perform, is the seller of the goods and services. Deal Perform sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
Your purchase is subject, but not limited, to the following conditions. Additional conditions outlined by the Merchant apply to the Voucher.
1. Vouchers are offered at below face-value. As a result, they are redeemable only for one visit not incrementally. Coupons are offered as a discount for services.
2. Limit of one (1) Voucher or Coupon per customer unless explicitly stated otherwise by the Merchant.
3. If you redeem a Voucher for less than its face value, you will not be entitled to a credit, cash or new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law.
4. The End User is responsible for paying sales tax, tip, or shipping and handling if applicable.
5. The Merchant is responsible for following state tax, gift certificate, and consumer laws.
6. The Merchant has the discretion to require advanced reservation, appointment, or to limit redemption over a period time based on the Merchants capacity.
7. Redemption of the Voucher or Coupon for alcohol if applicable is at the discretion of the Merchant and is subject to state laws governing the Merchant.
8. Unless clearly stated, the Voucher or Coupon are not able to be combined with other offers, discounts, or specials offered by the Merchant.
9. The Voucher or Coupon, if not fully redeemed, is not good for cash. A credit for unused Voucher value is at the discretion of the Merchant.
10. Reproduction, re-sales or trade of the Voucher or Coupons is prohibited unless allowed by state law
11. The Voucher is void to the extent prohibited by law.
12. The Voucher or Coupon expires on the date specified on the Voucher or Coupon, except that the Merchant may continue to redeem the unused cash value you paid for Vouchers to the extent required by applicable law.
13. Neither Deal Perform, the seller, nor the Merchant is responsible for stolen or lost Vouchers. Coupons have no pre-paid value therefore carry no liability for Deal Perform Network or Merchant.
Refunds
Refunds are available on most unused Vouchers within 30 days of the purchase date excluding events that have a specific use by date. No refunds or credits are available after 30 days. If a merchant closes or will not honor your Vouchers prior to expiration date please contact us as these are handled on a case by case basis. In some states the law requires that merchants honor expired Vouchers for the face value that you paid for the offer beyond the expiration date. If you have an expired Voucher and the merchant will not honor this please contact us so we can look into this for you.
Promotions and Sales
Promotional codes and additional sales discounts may be started and ended at anytime. Promotion codes will be calculated off the net sales price. For example a $40 deal on sale for $20 with a 10% promo code will have a final price of $18. Additional sales discounts will be calculated by adding the percent off to the previous discount. For example, a $90 deal on sale for $19 or 79% which is put on sale for an “Additional 10%” will result in an 89% total discount off of $90 resulting in a final sales price of $9.90.
Changes
Deal Perform reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy
Deal Perform's current privacy policy is available BELOW (Scrol down to this page to view the Privacy Statement), which is incorporated by this reference. We strongly urge you to review the Privacy Statement.
Third Party Sites
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Website. These other websites are not under Deal Perform's control, and you acknowledge that Deal Perform is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Deal Perform or any association with its operators.
Proprietary Rights
You agree that all content and materials delivered via the Website or otherwise made available by Deal Perform on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Deal Perform in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from Deal Perform is prohibited. Reproducing, copying or distributing any content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of Deal Perform. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.
No Warranties
THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. DEAL PERFORM, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE Website WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL DEAL PERFORM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless Deal Perform, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys' fees that arise from your use or misuse of the Website. Deal Perform reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Deal Perform in asserting any available defenses.
International Use
Deal Perform makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Dispute Resolution
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Deal Perform agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in California, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
Integration and Severability
These Terms of Use are the entire agreement between you and Deal Perform with respect to the this Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Deal Perform with respect to this Website (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
Miscellaneous
These Terms of Use and the Website contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Deal Perform's prior written consent. Deal Perform may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, these Terms of Use, Deal Perform, and all Content provided by Deal Perform are copyright © 2014 Deal Perform Network, Inc. All rights reserved.
"Deal Perform" as well as page headers, custom graphics, buttons, images and other content on the Website, is subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Deal Perform, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Website are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Website is strictly prohibited.
Additional Terms and Conditions for Vouchers
Refunds
Refunds are available on most unused Vouchers within 30 days of the purchase date excluding events that have a specific use by date. No refunds or credits are available after 30 days. If a merchant closes or will not honor your Vouchers prior to expiration date please contact us as these are handled on a case by case basis. In some states the law requires that merchants honor expired Vouchers for the face value that you paid for the offer beyond the expiration date. If you have an expired Voucher and the merchant will not honor this please contact us so we can look into this for you.
Privacy Statement Deal Perform Network, Inc. (Deal Perform) knows that you care about how your personal information is used and shared, and Deal Perform takes your privacy seriously. Please read the following to learn more about our Privacy Statement. By visiting the site www.DealPerform.com and domain name, or otherwise accessing any other Websites, linked pages, features, content, products or application services offered from time to time by Deal Perform in connection therewith (collectively, the Site and Website), you acknowledge that you accept the practices and policies outlined in this Privacy Statement.
What Does This Privacy Statement Cover?
This Privacy Statement covers Deal Perform’s treatment of personally identifiable information (Personal Information) that Deal Perform gathers when you access the Site and when you use Deal Perform’s services. This policy does not apply to the practices of companies that Deal Perform does not own or control, or to individuals that Deal Perform does not employ or manage.
What Personal Information Does Deal Perform Collect?
The information Deal Perform gathers from customers enables us to personalize and improve our services. Deal Perform collect the following types of information from our customers:
Personal Information You Provide to Us:
Deal Perform may receive and store any information you enter on our Deal Performbsite or provide to us in any other way. The types of Personal Information collected may include your full name, gender, email address, mobile phone number, credit card and/or other payment information, IP address, browser information, username, password, time zone and any other information necessary for us to provide our services. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide may be used for such purposes as responding to your requests for certain products and services, customizing the advertising and content you see and communicating with you about specials, sales offers and new products.
Personal Information Collected Automatically:
Notice of Privacy Rights to California Residents:
California law requires that Deal Perform provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, Deal Perform will provide you with the categories of Personally Identifiable Information that Deal Perform collects through the Deal Perform websiteand the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information Deal Perform collects and what third parties Deal Perform share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
E-mail Communications:
Deal Perform often receives a confirmation when you open an email from Deal Perform if your computer supports this type of program. Deal Perform uses this confirmation to help make emails more interesting and helpful. Deal Perform also may compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. When you receive e-mail from Deal Perform, you can opt out of receiving further e-mails by going to the bottom of the email and clicking unsubscribe.
Information from Other Sources:
For purposes such as improving the personalization of our service, Deal Perform may receive information about you from other sources and add it to our account information. Deal Perform also sometimes receive updated delivery and address information from our shippers or other sources so that Deal Perform can correct our records and deliver your next purchase or communication more easily.
What About Cookies?
Will Deal Perform Share Any of the Personal Information it Receives?
Personal Information about our customers is an integral part of our business. Deal Perform neither rent nor sell your Personal Information to anyone. Deal Perform share your Personal Information only as described below.
Deal Perform may share your information with Merchants: From time to time, Deal Perform provides offers from particular Merchants who, as part of the offer, request information on customers who purchased the offer. In those cases, Deal Perform shares some of your Personally Identifiable Information with Merchants. Sharing this Information will allow a Merchant to market directly to you should they choose to do so. However, Deal Perform will only share Personally Identifiable Information with a Merchant if you purchase a Voucher from said Merchant, and only with this Merchant. Deal Perform specifically disclaims any responsibility or liability for the actions of such Merchant. While Deal Perform informs them that they are only permitted to communicate with you for the purposes of the specific promotion with Deal Perform, Deal Perform does not have any responsibility for the actions of the Merchant, and the actions of the Merchant are not in our control.
Affiliated Businesses Deal Perform Does Not Control: Deal Perform anticipates that Deal Perform may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the Site. In other situations, Deal Perform may provide services or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and Deal Perform will share your Personal Information that is related to such transactions with that affiliated business.
Agents: Deal Perform employs other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless Deal Perform tells you differently, Deal Perform’s agents do not have any right to use Personal Information Deal Perform share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.
Communication in response to User Information: As part of the Site and services, you will receive from Deal Perform email and other communication relating to your User Information. You acknowledge and agree that by posting such User Information, Deal Perform may send you email and other communication that it determines in its sole discretion relate to your User Information.
Promotional Offers: Deal Perform may send offers to you on behalf of other businesses. However, when Deal Perform does so, Deal Perform does not give the other business your name and address. If you do not wish to receive these offers, please send an email with your request dealsupport@dealperform.com
Business Transfers: In some cases, Deal Perform may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Deal Perform, or substantially all of its assets we are acquired, or in the unlikely event that Deal Perform goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Deal Perform may continue to use your Personal Information as set forth in this policy.
Protection of Deal Perform and Others: Deal Perform may release Personal Information when Deal Perform believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property or safety of Deal Perform, our employees, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
If you decide to visit the Deal Perform websites, your visit and any possible dispute over privacy is subject to this Privacy Statement and our Terms of Use, including limitations on damages, arbitration of disputes and application of California state law.
THIRD PARTY DEAL PERFORM SITES
Deal Perform services may permit you to link to other websites on the Internet, and other websites may contain links to the websites. These other websites not under Deal Perform control, and such links do not constitute an endorsement by Deal Perform of those other websites or the services offered through them. The privacy and security practices of websites linked to or from the Deal Perform websites are not covered by this Privacy Statement, and Deal Perform is not responsible for the privacy or security practices or the content of such websites.
Is Personal Information About me Secure?
Your Deal Perform Personal Information is protected by SSL encryption for your privacy and security.
Deal Perform endeavors to protect user information to ensure that user account information is kept private; however, Deal Perform cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
The Site contains links to other sites. Deal Perform is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Statement only governs information collected on the Site or otherwise by Deal Perform.
This Privacy Statement addresses only the use and disclosure of information Deal Perform collect from you. If you disclose your information to others on the Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Deal Perform does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Deal Perform encourage you to ask questions before you disclose your personal information to others.
What Choices Do I Have?
As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Site and services.
You are able to add or update certain information on pages, such as those listed in the “What Personal Information Can I Access” section above. When you update information, however, Deal Perform often maintains a copy of the unrevised information in our records.
You may request deletion of your Deal Perform account by sending an e-mail to dealsupport@dealperform.com. Please note that some information may remain in our records after deletion of your account.
CAN CHILDREN USE DEAL PERFORMS’S SERVICES?
Our site and the services available through Deal Perform are not intended for children under the age of 18. Deal Perform does not knowingly or specifically collect information about children under the age of 18 and believes that children of any age should get their parents’ consent before giving out any personal information. Deal Perform encourages you to participate in your child’s Deal Perform experience. Deal Perform recommends that parents use Internet filtering technology to supervise their kids’ access to the Internet.
Changes to this Privacy Statement
Deal Perform may amend this Privacy Statement from time to time. Use of information Deal Perform collect now is subject to the Privacy Statement in effect at the time such information is used. If Deal Perform makes changes in the way Deal Perform use Personal Information, Deal Perform will notify you by posting
