ACCEPTANCE OF TERMS AND CONDITIONS
DealCoop.com is an online service, owned and operated by InstaGift, LLC, that provides content and transaction capabilities that facilitate the promotional offerings of third-party merchants.
This agreement sets forth the terms and conditions that apply to the use of this Site by the User. User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the conﬁdentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of DealCoop.com, and DealCoop.com shall not be responsible for any data lost while transmitting information on the Internet. While it is our objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of DealCoop.com, access to the Site may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
Your permission to use the site is conditioned upon the agreement that you:
- will comply with the terms set forth in the Agreement and applicable law
- are 13 years of age or older; but at least 18 years old to purchase any Voucher / Promotional Offer.
- will provide accurate information when creating an account or registering for our services
- are solely responsible for protection of User passwords and activity while logged into the site
- will not copy or distribute any portion of the Site without express written consent.
- DealCoop.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the DealCoop.com Service and Web Site, except as expressly provided for in these terms. For example and without limitation, DealCoop.com owns the copyrights in and to the Web Site, and certain technology used in providing the DealCoop.com Service. You will not acquire any right, title or interest therein under these terms or otherwise.
DealCoop.com grants you a limited revocable license to access and use the Web Site and the Service for its intended purposes, subject to your compliance with these terms. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by DealCoop.com; to compete with DealCoop.com; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach these terms, DealCoop.com may revoke the license granted to you. Copying, distributing, transmitting, posting, linking, or modifying the site without permission is prohibited. Violation of this policy may result in infringement and subject user to civil or criminal penalties.
- Electronic Communications. When you visit the Website or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- Use of Credit Card. If you wish to purchase products or services described in this Web Site, you may be asked to supply certain information, including credit card or other payment information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges (including shipping and handling charges) incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.
- Right of Refusal. DealCoop.com reserves the right to refuse any order for any reason. Orders may be delayed or canceled if DealCoop.com is not given completely accurate information and/or is unable to contact the person who has placed the order and/or is the primary cardholder for the order.
Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. DealCoop.com PROVIDES THE WEB SITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DealCoop.com DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, DealCoop.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (V) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. DealCoop.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. EXCLUSION OF DAMAGES. DealCoop.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE DealCoop.com SERVICE AND/OR THE WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF DealCoop.com IN CONNECTION WITH THESE TOS OR THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO DealCoop.com DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless DealCoop.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Web Site and/or the Service.
To the extent permitted under applicable laws, End User hereby releases DealCoop.com from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher. In connection with the foregoing release, the User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We may suspend or terminate your use of the Web Site or DealCoop.com Service if we believe, in our sole and absolute discretion, that you have breached a term of this agreement.
All notices required or permitted to be given under these terms will be in writing and delivered to the other party by any of the following methods: (i) government mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to DealCoop.com, you must use the address located in the "Contact Us" portion of the Web Site. If DealCoop.com provides notice to you, we will use the contact information provided by you to DealCoop.com. All notices will be deemed received as follows: (i) if by delivery by government mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is conﬁrmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
These terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the state of Kansas without reference to conﬂict of law principles, and in the event of a dispute the parties agree to the exclusive jurisdiction of the courts located in Kansas City, Kansas. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the DealCoop.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 10, we may seek equitable relief, including, without limitation, injunctive relief and speciﬁc performance, without the requirement of posting a bond or other security or proving money damages are insufﬁcient, from a court of competent jurisdiction.
The headings provided in this agreement are provided for convenience only. 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. These terms (including all of the policies and other Agreements described, which are herby incorporated by reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms will not be assignable or transferable by you without the prior written consent of DealCoop.com.
User is contracting with Instagift, LLC Located at :
117 West Glenwood Dr.
Birmingham, AL 35209
all questions should be directed to our Contact Us form located at http://dealcoop.com/contact.
II. TERMS OF SALE
By placing an order for a voucher from a Merchant, through DealCoop.com, you make an offer to purchase on the stated terms and conditions below. The Voucher you purchase is redeemable for goods and services from the participating merchant. Each deal will have speciﬁc terms and restrictions associated with the particular Voucher sold on behalf of third-party merchants. Any terms speciﬁc to a particular deal will be presented at the time you commit to purchase the particular deal and will be stated on the printable voucher. If you are unsure of any terms, please contact email@example.com prior to making your purchase. Unless prohibited by applicable law all deal speciﬁc terms will supersede any inconsistent terms contained in this Agreement. Unless otherwise stated on a particular voucher or required by applicable law the following terms shall 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 (the paid portion is the amount charged to your credit card).
- No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher, (The promotional portion of a voucher is the amount of goods or services you will receive beyond the amount paid if used by the speciﬁc expiration date).
- 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 DealCoop.com 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.
- Unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
- Vouchers are redeemable in their entirety and on a one time basis only and therefore may not be redeemed incrementally.
- Any attempt at redemption inconsistent with these terms and conditions will render the speciﬁc voucher void.
It is the Merchant's responsibility to honor the voucher in compliance with applicable law. 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.
Expiration Dates: Each voucher will contain a speciﬁc expiration date, printed on the voucher, at which time the promotional portion of a deal expires. If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire ﬁve (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed.
Refund Policy According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the DealCoop.com, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher's expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact DealCoop.com [and explain your situation in writing] and DealCoop.com will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from DealCoop.com