Terms & Conditions
Last Updated: January 1, 2013
This is the Terms of Service Agreement ("the terms ") of Dartz Communications, LLC, ("the Company" or doing business as “DartzDeals") a Texas-based Limited Liability Company (LLC), which owns and operates the web site and all related Services found at www.dartzdeals.com ("the Site").
Accepting the TermsBy using or visiting the Site, you expressly agree to be bound by and to follow the Terms and all applicable laws and regulations governing the Site.
Changes to the Terms of ServiceThe Company has the right to change the Terms governing any User’s use of this Site at any time. The Company also has the right to modify or discontinue any feature or aspect of the Site at any time. The change in the Terms will be effective immediately upon posting the changes to this Terms page or elsewhere on the Site. Any use subsequent to these changes shall be deemed to constitute acceptance by the User of such modifications, additions, or deletions.
Accessibility and AvailabilityUser acknowledges that, periodically, there are interruptions in service or events in the Internet that are beyond the control of DartzDeals, and DartzDeals shall not be responsible for any data lost while transmitting information on the Internet. While it is DartzDeal’s objective 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. By accepting these term you, the User, understand and acknowledge that due to circumstances both within and outside of the control of DartzDeals, access to the Site may be interrupted, suspended or terminated from time to time.
User informationIn order to use certain Services on the Site, you may be required to provide personal information (such as identification or contact information), as part of the registration process, or as part of your continued use of the Services. You agree that any registration information you give to The Company will be true, accurate, correct and up to date.
Conditions of ParticipationDartzDeals requires The User’s permission to send both administrative and promotional e-mails as a condition of participation on this Site,. Upon registration, The User consents to receiving these and other forms of electronic correspondence about account activity and purchases, as well as Site updates and promotional offers. The User may opt-out of this correspondence at anytime by clicking the unsubscribe link at the bottom of any electronic correspondence.
Electronic communicationsThe Company will generally communicate with its Users by electronic means, such as e-mail. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License GrantBy posting communications on or through this Site, User shall be deemed to have granted to the Company 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.
User passwords and account securityYou agree that you will be solely responsible for all activities that occur under your account. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately at firstname.lastname@example.org.
Offer purchase and certificate redemptionRedemption of merchant offers and/or vouchers is subject to the limitations and rules set by the respective merchants, and such merchant vouchers may not be available for use and redemption by individuals located outside the United States.
MonitoringDartzDeals shall have the right, but not the obligation, to monitor the content of the Site and any Micro-sites 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 DartzDeals, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, DartzDeals shall have the right, but not the obligation, to remove any material that DartzDeals, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Lawful useUser shall not use this site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable, (ii) that violates or infringes upon the rights of others in any way, (iii) that encourages others to commit unlawful acts, (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior approval from the Company, (v) that inhibits other users from using or enjoying the Site.
CopyrightAll Content and software on the Site is the property of the Company, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, designs and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have received express permission to do so in a separate agreement from the Company or by the owners of the Content. Unauthorized use of any content displayed by the Company is a violation of United States and international copyright laws.
Disclaimers and Limitation of LiabilityThe Company makes no representations or warranties of any kind, expressed or implied, as to the operation of the Site or to the content, information, products, or services featured on the Site. We provide this Site on an "as is" and "as available" basis. User agrees to use this Site at User’s own risk. User expressly understands and agrees that the Company, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing the Company content will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability. To the full extent permissible by applicable law, the Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that this site, servers, or emails sent from the Site are free of harmful components, such as viruses.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IndemnificationYou agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
DisputesIf there is any dispute about or involving the Site, by using the Site, User agrees that the dispute will be governed by the laws of the state of Texas without regard to its conflict of law provisions. User agrees to personal jurisdiction by and venue in the state and federal courts of Texas.