Concord Monitor Daily Deal Terms of Service - Merchant Services

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 Current Coupon and/or Deal Website. The Website is owned and operated by Deal Current 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 Current 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 Current takes no responsibility for the services or products for which Vouchers or Coupons may be redeemed – Deal Current 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 Current 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 Current’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 Current, is the seller of the goods and services. Deal Current 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 Current, the seller, nor the Merchant is responsible for stolen or lost Vouchers. Coupons have no pre-paid value therefore carry no liability for Deal Current 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 Current 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 Current'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 Current's control, and you acknowledge that Deal Current 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 Current 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 Current 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 Current 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 Current 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 Current. 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 CURRENT, 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 CURRENT, 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 Current, 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 Current 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 Current in asserting any available defenses.

International Use

Deal Current 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 Current 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 Current with respect to the this Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Deal Current 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 Current's prior written consent. Deal Current 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 Current, and all Content provided by Deal Current are copyright © 2014 Deal Current Network, Inc. All rights reserved.

"Deal Current" 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 Current, 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.