Terms & Conditions10/11/2009
Terms of Use
We are a start up company
offering a win-win situation for merchants and consumers. The gist is that we offer a daily deal for
something to do, see, eat or buy in your city at unbelievable deals. We can do this because we guarantee the
merchant a certain number of buyers, and we drive traffic to their business. This service generates business for the
merchant and great pricing for the consumer—the concept of group buying.
Please read our full Terms of
Use and Privacy Policy. Below please find the most commonly asked questions.
Your Email information
What will you do with my email
address?
We use it only to communicate
with you. You'll receive our daily FlyCoupon offer in
your inbox, and occasional other information about your purchases. We will
never sell or distribute your personal information to third parties. Once you make a purchase you will be required
to provide us general information so that your FlyCoupon can be added to your
uniquely identified account so that you can easily print your FlyCoupon, view
your past purchases, or modify your purchase, if necessary.
What will you do with my credit
card and billing information?
Your credit card information is
recorded via a Secure Socket Layer connection (SSL) and is fully encrypted.
This and your other personal information is safe and secure. It will only be used for your purchase or
other intended information.
Orders
Can I return a FlyCoupon?
Generally, no. However, if there is something wrong with the
purchase we will do our best to correct the issue.
If you'd like to discuss
returning a FlyCoupon, email, or call us: (877) 359-8171.
What if the business for my
FlyCoupon closes down?
FlyCoupon makes every effort to
feature businesses that we have determined will be able to honor all of the
FlyCoupons sold for that day’s deal.
However, if a business closes down prior to the expiration of the your
FlyCoupon , we'll give you a credit back to your FlyCoupon account for the
total purchase price good for any future purchase. Our goal is to make sure your experience is a
pleasant one.
General Rules Regarding Terms of
Service
IMPORTANT: ALL USERS MUST
READ THIS SECTION
This is a summary of our terms,
conditions and privacy policies. For our complete terms and conditions, please
read below and visit our Privacy Policy.
To read the complete FlyCoupon
Terms and Conditions, please see below.
IMPORTANT: ALL USERS MUST
READ THIS SECTION
ACCEPTANCE OF TERMS AND
CONDITIONS
By using this site (the
"Site"), you ("you" or the "End User") agree to
the terms and conditions that we ("FlyCoupon") have provided. If you do not wish to agree to the outlined
terms and conditions (the "Terms of Use" or "Agreement"),
please refrain from using the Site.
FlyCoupon reserves the right to
make any changes to our Terms of Use and/or our FlyCoupon (which is
incorporated herein by reference) as we deem necessary or desirable without
prior notification to you. We suggest to you, therefore, that you re-read this
important notice containing our Terms of Use and Privacy Policy from time to
time in order that you stay informed as to any such changes. If we make changes
to our Terms of Use and Privacy Policy and you continue to use our Site, you
are impliedly agreeing to the Terms of Use and Privacy Policy.
I. TERMS OF USE
1. Definitions.
"FlyCoupon" is an
online service operated by Fly Coupon, LLC, (herein referred to as “FlyCoupon”)
on the World Wide Web of the Internet (the "Web"), consisting of
information services, content and transaction capabilities provided by FlyCoupon,
affiliates of FlyCoupon and other third parties. FlyCoupon is an online service for
restaurants, service providers, retailers and other merchants to facilitate the
delivery of discounts to groups of people.
In the event the minimum number of FlyCoupons are not sold for a particular
offer, you will not receive the offer.
2. General.
This Agreement sets forth the
terms and conditions that apply to the use of this Site by the End User. By
using this Site (other than to read this Agreement for the first time), you
agrees to comply with all of the terms and conditions set forth in our Terms of
Use. The right to use this Site is personal to End-User and is not transferable
to any other person or entity. Yo are responsible for protecting the
confidentiality of your password(s), if any. You acknowledges that, although
the Internet is often a secure environment, sometimes there are interruptions
in service or events that are beyond the control of FlyCoupon, and FlyCoupon
shall not be responsible for any data lost while transmitting information on
the Internet. While it is FlyCoupon’s 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 FlyCoupon, access to the Site may be interrupted, suspended or
terminated from time to time.
FlyCoupon shall have the right at
any time to change or discontinue any aspect or feature of FlyCoupon,
including, but not limited to, content, hours of availability and equipment
needed for access or use. Further, FlyCoupon may discontinue disseminating any
portion of information or category of information, may change or eliminate any
transmission method and may change transmission speeds or other signal
characteristics.
3. Modified Terms.
FlyCoupon reserves the right at
all times to discontinue or modify any of our Terms of Use and/or our Privacy
Policy as we deem necessary or desirable without prior notification to you.
Such changes may include, among other things, the adding of certain fees or
charges. We suggest to you, therefore, that you re-read this important notice
containing our Terms of Use and Privacy Policy from time to time in order that
you stay informed as to any such changes. If we make changes to our Terms of
Use and Privacy Policy and you continue to use our Site, you are impliedly
agreeing to the Terms of Use and Privacy Policy expressed herein. Any such
deletions or modifications shall be effective immediately upon FlyCoupon's
posting thereof. Any use of FlyCoupon by End User after such notice shall be
deemed to constitute acceptance by End User of such modifications.
4. Equipment.
End User shall be responsible for
obtaining and maintaining all telephone, computer hardware and other equipment
needed for access to and use of this Site and all charges related thereto. FlyCoupon
shall not be liable for any damages to the End User's equipment resulting from
the use of this Site.
5. End User Conduct.
This Site and any individual
sites or merchant-specific, city-specific, or state-specific sites now or
hereinafter contained within or otherwise available through external hyperlinks
with our Site (the "Microsites") are private property. All
interactions on this Site and/or the Microsites must comply with these Terms of
Use. Although we welcome and encourage user interaction on our Site, we do
insist and require that all end users restrict any and all activity in
connection with the use of this Site and the Microsites to that which involves
lawful purposes only. End User shall not post or transmit through this Site any
material which violates or infringes in any way upon the rights of others, or
any material which is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without FlyCoupon's express
prior, written approval, contains advertising or any solicitation with respect
to products or services. Any conduct by an End User that in FlyCoupon's
exclusive discretion restricts or inhibits any other End User from using or
enjoying this Site and/or any of the Microsites is strictly prohibited. End
User shall not use this Site or any of the Microsites to advertise or perform
any commercial, religious, political or non-commercial solicitation, including,
but not limited to, the solicitation of users of this Site and/or the
Microsites to become users of other on- or offline services directly or
indirectly competitive or potentially competitive with FlyCoupon.
The foregoing provisions of this
Section 5 apply equally to and are for the benefit of FlyCoupon, its subsidiaries,
affiliates and its third party content providers and licensors, and each shall
have the right to assert and enforce such provisions directly or on its own
behalf.
6. Copyright and Trademarks.
Everything located on or in this
Site, including the Microsites, is the exclusive property of FlyCoupon, LLC., or used with express
permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING,
TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS
SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF FLYCOUPON,
INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a
copyright, trademark or other intellectual property right infringement that may
subject End User to civil and / or criminal penalties.
This Site contains copyrighted
material, trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music, sound, and the
entire contents of FlyCoupon protected by copyright as a collective work under
the
End User shall not upload, post
or otherwise make available on this Site any material protected by copyright,
trademark or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right. FlyCoupon does
not have any express burden or responsibility to provide End User with
indications, markings or anything else that may aid End User in determining
whether the material in question is copyrighted or trademarked. End User shall
be solely liable for any damage resulting from any infringement of copyrights,
trademarks, proprietary rights or any other harm resulting from such a
submission. By submitting material to any public area of this Site, End User
warrants that the owner of such material has expressly granted FlyCoupon the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. End User also permits any other
end user to access, view, store or reproduce the material for that end user's
personal use. End User hereby grants FlyCoupon the right to edit, copy, publish
and distribute any material made available on this Site by End User.
The foregoing provisions of
Section 6 apply equally to and are for the benefit of FlyCoupon, its
subsidiaries, affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly or
on its own behalf.
7. Disclaimer of Warranty;
Limitation of Liability.
YOU AGREE THAT YOUR USE OF THIS
SITE AND THE MICROSITES IS AT YOUR SOLE RISK. NEITHER FLYCOUPON, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE
MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
END USER SPECIFICALLY ACKNOWLEDGES THAT FLYCOUPON IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL FLYCOUPON, OR
ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE
OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET
FORTH ABOVE, NEITHER FLYCOUPON, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE
MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
FLYCOUPON IS NOT RESPONSIBLE FOR
ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS
SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS
OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY FLYCOUPON. MOREOVER, FLYCOUPON
RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL
CONTENT THAT IT, FLYCOUPON, DEEMS UNSUITABLE.
8. Monitoring.
FlyCoupon shall have the right,
but not the obligation, to monitor the content of the Site at all times,
including any chat rooms and forums that may hereinafter be included as part of
the Site, to determine compliance with this Agreement and any operating rules
established by FlyCoupon, as well as to satisfy any applicable law, regulation
or authorized government request. Without limiting the foregoing, FlyCoupon
shall have the right to remove any material that FlyCoupon, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
9. Privacy.
End User acknowledges that all
discussion for ratings, comments, bulletin board service, chat rooms and/or
other message or communication facilities (collectively
"Communities") are public and not private communications, and that,
therefore, others may read End User's communications without End User's
knowledge. FlyCoupon does not control or endorse the content, messages or
information found in any Community, and, therefore, FlyCoupon specifically
disclaims any liability concerning the Communities and any actions resulting
from End Users participation in any Community, including any objectionable
content. Generally, any communication which End User posts to FlyCoupon
(whether in chat rooms, discussion groups, message boards or otherwise) is
considered to be non-confidential. If particular web pages permit the
submission of communications that will be treated by FlyCoupon as confidential,
that fact will be stated on those pages. By posting comments, messages or other
information on the Site, End User grants FlyCoupon the right to use such
comments, messages or information for promotions, advertising, market research
or any other lawful purpose. For more information see FlyCoupon's Privacy Policy.
10. License Grant.
By posting communications on or
through this Site, End User shall be deemed to have granted to FlyCoupon a
royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce,
modify, publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicensees.
11. Indemnification.
End User agrees to defend,
indemnify and hold harmless FlyCoupon, 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 Site and/or
the Microsites by End User.
12. Termination.
FlyCoupon may terminate this
Agreement at any time. Without limiting the foregoing, FlyCoupon shall have the
right to immediately terminate any passwords or accounts of End User in the
event of any conduct by End User which FlyCoupon, in its sole discretion,
considers to be unacceptable, or in the event of any breach by End User of this
Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive
termination of this Agreement.
13. Trademarks.
FlyCoupon is a trademark of FlyCoupon,
LLC.. All rights in respect of this trademark are hereby expressly reserved.
Unless otherwise indicated, all other trademarks appearing on FlyCoupon are the
property of their respective owners.
14. Third Party Content.
FlyCoupon, similar to an Internet
Service Provider, is a distributor (and not a publisher) of content supplied by
third parties and End Users. Accordingly, FlyCoupon has no more editorial
control over such content than does a public library, bookstore or newsstand.
Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information
providers, or any other end users are those of the respective author(s) or
distributors) and not of FlyCoupon. Neither FlyCoupon nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose.
(Refer to Section 6 above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many instances, the content
available through this Site represents the opinions and judgments of the
respective information provider, end user, or other user not under contract
with FlyCoupon. FlyCoupon neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice, or statement made on FlyCoupon by anyone
other than authorized FlyCoupon employee spokespersons while acting in official
capacities. Under no circumstances will FlyCoupon be liable for any loss or
damage caused by an end user's reliance on information obtained through FlyCoupon.
It is the responsibility of End User to evaluate the accuracy, completeness, or
usefulness of any information, opinion, advice, etc., or other content
available through FlyCoupon.
FlyCoupon contains links to third
party Web sites maintained by other content providers. These links are provided
solely as a convenience to you and not as an endorsement by FlyCoupon of the
contents on such third-party sites and FlyCoupon hereby expressly disclaims any
representations regarding the content or accuracy of materials on such
third-party Web sites. If End User decides to access linked third-party Web
sites, End User does so at its own risk. Unless you have executed a written
agreement with FlyCoupon expressly permitting you to do so, you may not provide
a hyperlink to the Site from any other website. FlyCoupon reserves the right to
revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous.
This Agreement and any operating
rules for FlyCoupon established by FlyCoupon constitute the entire agreement of
the parties with respect to the subject matter hereof. No waiver by either
party of any breach or default hereunder is a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall be of no legal force or effect. If any provision of
this Agreement is held invalid by a court of competent jurisdiction, such
invalidity shall not affect the enforceability of any other provisions
contained in this Agreement and the remaining portions of this Agreement shall
continue in full force and effect. The failure of either party to exercise any
of its rights under this Agreement shall not be deemed a waiver or forfeiture
of such rights or any other rights provided hereunder.
FlyCoupon's headquarters are in
II. TERMS OF
By placing an Order, you make an
offer to us to purchase the FlyCoupon you have selected on the terms and
conditions stated below. For more information, please view our privacy policy.
You are required to create an
account in order to purchase any FlyCoupon. This is required so we can provide you with
easy access to print your orders, view your past purchases, modify your orders,
and to ensure permissible use of the FlyCoupon.
1. Terms and Conditions for Restaurant-Specific
FlyCoupons
For this section, Restaurant
shall be defined as a merchant who offers food and beverage for sale in its
regular business operations, and is making such food and beverages available to
purchasers of FlyCoupon vouchers.
2. Terms and Conditions for
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