DealsGoRound

terms of use

Effective November 14, 2011

Terms of Use Table Of Contents

1. License and User Conduct
2. Copyrights and Trademarks
3. Registration and Accounts
4. Links
5. End User Communications
6. Prohibited Activities
7. Terms of Sale
8. Disclaimer of Warranties
9. Limitation of Liability
10. Indemnification
11. Modifications
12. Notices

Please read the following Terms of Use ("Terms") carefully. They govern your use of the DEALSGOROUND.COM website and mobile applications that allow you to access certain features of the website (collectively, the "Site") of DealsGoRound, Inc. ("DealsGoRound"). By using the Site, you hereby agree that you are at least eighteen (18) years of age and are bound by all of the following provisions of these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY DEALSGOROUND SERVICE OFFERED THROUGH THE SITE.

License and User Conduct

DealsGoRound grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of DealsGoRound. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DealsGoRound. Any unauthorized use of the Site shall automatically terminate the license granted to you by DealsGoRound for such use.

You are required to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. DealsGoRound may terminate your use of the Site in DealsGoRound's sole discretion for any reason. If you are under eighteen (18) years of age, you may not use the Site.

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Copyrights and Trademarks

Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of DealsGoRound, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of this Site are the property of DealsGoRound. The posting of information, documentation, and other content does not constitute a waiver of any of DealsGoRound's, an affiliate's, and/or a third party licensor's proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of DealsGoRound. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. DealsGoRound and its affiliates reserve the right to revoke this authorization at any time.

The DEALSGOROUND trademark and other names of DealsGoRound's products and services referenced herein are trademarks of DealsGoRound. All other products, services, and company names mentioned herein are the trademarks of their respective owners.

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Registration and Accounts

Only you may use your DealsGoRound account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use DealsGoRound on your behalf, including providing your account information to third-party websites to access your DealsGoRound account. You are responsible for all activity that takes place within your account. At any time DealsGoRound, in its sole discretion, may disable or delete any account registered on the Site for any reason.

Upon registering to the Site, you agree to receive a weekly newsletter from DealsGoRound through email. You may opt out of receiving this newsletter at any time by following instructions contained within each newsletter sent to you through email or by changing your settings within your profile on the Site.

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Links

This Site may contain links to other external sites. The links are provided "as is." You should be aware that you use them at your own risk. DealsGoRound does not endorse, and DealsGoRound is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. DealsGoRound is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. DealsGoRound shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. DealsGoRound shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

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End User Communications

DealsGoRound allows you to communicate with other users of the Site through listings, bulletin boards, forums, chat rooms or other communication mediums that the site may offer from time to time (collectively "Forums"). DealsGoRound shall have the right, but not the obligation, to monitor and delete content within the Forums for any reason. All communications within the Forums are those of the respective authors and not of DealsGoRound. You agree not to post content which may be offensive or obscene to the community, illegal, or promote illegal activities. By submitting, posting, or displaying content on our through the Forums, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, sublicense, transmit, display, and distribute such content in any and all media or distribution methods.

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Prohibited Activities

The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to "scrape" the Site's listings or Content; (2) taking any action that imposes an unreasonable or disproportionately large load on DealsGoRound's hardware or software infrastructure; (3) sending SPAM to DealsGoRound users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Site; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts DealsGoRound customers to a third party; and (6) submitting Content that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading.

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Terms of Sale

Purchases Generally. DealsGoRound is a secondary market for redeemable vouchers originally purchased through daily deal websites, like Groupon, LivingSocial, YouSwoop and other providers listed in the "Popular Deal Sites" section of your profile ("Daily Deal Websites"). DealsGoRound acts as a facilitator for vouchers offered for resale by users of the Site who have purchased said vouchers from a Daily Deal Website. Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the third party merchant identified on the voucher. By purchasing vouchers using the Site you agree to the terms of this Agreement and the terms of the respective Daily Deal Website Terms of Sale from where the voucher originally was purchased. You will need an e-mail address and method of payment to purchase vouchers through the Site.

Purchase Terms. All purchases are final and cannot be canceled or retracted after placement. The thirdparty merchant identified on the voucher you purchase is solely responsible for all goods and services it provides to you and for any and all injuries, claims, liabilities and costs it may cause you to suffer related to the use or redemption of a voucher. You agree to release, defend, indemnify and hold DealsGoRound, its affiliates, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from or related to any act or omission of a third-party merchant in connection with your use of a voucher or the services/goods it provides in connection with it.

Sales Generally. DealsGoRound is a secondary market of Daily Deal Website vouchers. Sellers must register for an account on the Site and have a valid Paypal account in order to offer vouchers for sale. When attempting to sell a voucher through the Site, we will verify through Paypal whether a seller has provided a first name, last name, and e-mail address that is on file with Paypal. If a user of the Site purchases a voucher, the seller will receive payment directly from DealsGoRound through the Paypal email address listed in the seller's DealsGoRound profile.

Restricted Items. You may only sell Daily Deal Website vouchers on DealsGoRound which you have already purchased. You may not sell Daily Deal Website accounts, Daily Deal Website account credits (e.g. Groupon "Bucks"), Daily Deal Website vouchers which you have not purchased, or any items or services not purchased through a Daily Deal Website. You may not sell Daily Deal Website vouchers that seek to violate any law, are pornographic in nature, obscene, or call for the sale of drugs or drug-related paraphernalia.

Value. Vouchers have two separate values: (a) the "amount paid" and (b) the "promotional value". The promotional value is the additional value beyond the amount paid. In sum, the amount paid and the promotional value is equal to the "full offer value" of the voucher. By example, if you pay $5 for a voucher that gets you $100 worth of goods or services from a third-party merchant, the full offer value is $100, the amount paid is $5 and the promotional value is $95.

Purchaser Refunds. DealsGoRound may, in its sole discretion, offer a refund to a purchaser for the amount paid in the event that the voucher purchased has already been redeemed by another party, is not a valid voucher, is canceled, or otherwise unusable as listed. Such refund will be your sole and exclusive remedy as it relates to any problems in your use of the voucher. To be eligible for a refund, purchasers must submit a request within sixty (60) days of purchase of the voucher or within the expiration of the purchased voucher, whichever comes first, to support[at]dealsgoround.com with the Subject "Refund Request" and include the purchaser's DealsGoRound username and transaction information. DealsGoRound will make commercially reasonable efforts to respond within ten (10) days of any such request. In the event that DealsGoRound issues a refund to a purchaser, the refund may take thirty (30) days to be processed. DealsGoRound is not responsible for refund requests that are not timely received in accordance with this Agreement for any reason. Refunds will not be issued for appointment, reservation or other scheduling issues between a buyer and a deal's merchant.

Your Liability for Refund as a Seller. In the event DealsGoRound provides a refund to a purchaser as specified above for any voucher you sell, DealsGoRound will seek repayment of the refunded amount from you as the seller in the transaction and you hereby agree to reimburse and pay DealsGoRound for such amount refunded. By listing your vouchers through the Site, you agree to this refund policy and hereby expressly permit and authorize DealsGoRound to deduct the refunded amount directly from your PayPal account without obtaining any further authorization. You hereby agree to give DealsGoRound any further authorization needed to deduct your PayPal account the amount of the refund. In the event, your PayPal account cannot be deducted the refunded amount for any reason, you hereby agree that DealsGoRound can invoice you for such amount and that you will pay such invoice within ten (10) days of receipt of such invoice. DealsGoRound shall make a reasonable effort to notify you in the event such a refund is needed but such notice will not be required for DealsGoRound to deduct the refund amount from your PayPal account. DealsGoRound can suspend and/or terminate your use of the Site in the event you fail to comply with this refund policy. You hereby agree to pay DealsGoRound's attorneys fees and all costs incurred by DealsGoRound in collecting a refunded amount from you as the seller.

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Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEALSGOROUND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND DEALSGOROUND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. DEALSGOROUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

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Limitation of Liability

USE OF THE SITE IS AT YOUR SOLE RISK. INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER DEALSGOROUND, NOR ANY OF DEALSGOROUND'S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "DEALSGOROUND ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF DEALSGOROUND OR A DEALSGOROUND ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH DEALSGOROUND IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, DEALSGOROUND'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DEALSGOROUND IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.

THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY DEALSGOROUND FROM ITS OFFICES WITHIN THE UNITED STATES. DEALSGOROUND MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND DEALSGOROUND ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

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Indemnification

You agree to indemnify, defend, and hold harmless DealsGoRound, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of this Agreement.

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Modifications

You understand that DealsGoRound will revise these Terms from time to time. Accordingly, you should check this page periodically for changes. DealsGoRound will provide notification of material changes to these Terms through the Site and/or via e-mail to its users at least fifteen (15) days prior to the change taking effect. After the expiration of such fifteen (15) day period, your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications. If you no longer agree with the Terms of this Agreement after any such modification, you may opt-out of the Site by halting your access to the Site. You may also notify DealsGoRound of your desire to opt-out and to close your account, at which point DealsGoRound will suspend your account from further use.

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Notices

Where required, DealsGoRound may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to DealsGoRound by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with DealsGoRound, please e-mail or write to:

DealsGoRound, Inc.
c/o: Kris Petersen
600 W. Chicago Avenue, Suite 700
Chicago, IL 60654
e-mail: support[at]dealsgoround.com

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