This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and My Daily Deals, LLC d/b/a Dealifier ("Dealifier"). This Agreement governs your access to and use of the Dealifier mobile application, (including all related documentation, updates and upgrades) (collectively the "Application"). The Application is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON OR INSTALLING, ACCESSING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
1. License Grant
Subject to the terms of this Agreement, Dealifier grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation, this Agreement and the Terms of Use.
2. License Restrictions
Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:
- Copy the Application, except as expressly permitted by this license;
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- Remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any feature or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
- Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
- Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Dealifier's prior written consent;
- Frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
- Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
- Use the Application for any illegal purpose, or to harass or discriminate against, any person.
3. Reservation of Rights
You acknowledge and agree that the Application is provided under license, and is not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Dealifier reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. User Accounts and Obligations
You may be required to create an account to use certain features of the Application. You agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your login credentials and not share them with any third party; (d) promptly notify Dealifier of any unauthorized use of your account; and (e) comply with all applicable laws, rules, and regulations in connection with your use of the Application and any purchases. You are responsible for all activities that occur under your account.
5. Collection and Use of Your Information
You acknowledge that when you download, install, or use the Application, Dealifier may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, creating an account, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, creating an account, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. Geolocation Data
When you create an account with us, you have the option of allowing the App to know your location only when the App is open or you are actively using the App. This allows Dealifier to send you deals that might be of interest to you based on your location. Dealifier would not track your location when the App is not open or you are not using the App. Of course, you do not have to allow this option, and you can withdraw your permission at any time. Your location data is never shared with Retailers or any third-party.
7. Content and Services
The Application may provide you with access to Dealifier's website located at www.dealifier.com (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Website's Terms of Use and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
8. Geographic Restrictions
The Application is based in the state of North Carolina in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Application outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you are responsible for compliance with local laws.
9. Updates; Availability; Support
(a) Dealifier may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Dealifier has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
(b) You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
(c) You agree that Dealifier has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. The Application may be unavailable from time to time due to maintenance or outages. Unless otherwise expressly stated, Dealifier is not obligated to provide support or maintenance for the Application.
(d) You acknowledge that there may be interruptions in service or events that are beyond Dealifier's control. While Dealifier uses reasonable efforts to keep the Application accessible, the Application 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 Dealifier's control, Application access may be interrupted, suspended or terminated, and Dealifier is not liable for such events.
10. Third-Party Materials
(a) The Application will display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Dealifier is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Dealifier does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. Dealifier does not control, endorse, or assume any responsibility for Third-Party Materials and will have no liability arising from or relating to your use of or reliance on any Third-Party Materials.
(b) If you download the Application from a third-party app store or platform, you acknowledge that: (i) this Agreement is between you and Dealifier only; and (ii) the app store or platform provider is not responsible for the Application or its content and has no obligation to furnish any maintenance or support services for the Application.
11. Third-Party Retailers; Relationship of Parties
(a) The Application enables you to discover, order, and purchase goods and services from retailers ("Retailers"). Retailers are independent third parties and are not agents, employees, partners, or joint venturers of Dealifier. Dealifier does not manufacture, prepare, store, or inspect goods offered by Retailers, does not control the quality, safety, legality, or availability of goods or services sold by Retailers, and makes no warranties or representations regarding any Retailer or any goods or services they offer. Retailers are solely responsible for their goods, descriptions, pricing, promotions, compliance with applicable laws, order fulfillment, shipping, delivery, returns, refunds, exchanges, customer service related to their goods, and any related obligations.
(b) Your purchase of goods is a transaction ("Transaction") between you and the applicable Retailer. Dealifier may facilitate the placement and transmission of orders and the processing of payments on behalf of Retailers but is not a party to the sale contract between you and any Retailer. Questions or disputes regarding goods, including payment, delivery, defects, returns, cancellations, rescheduling, or refunds, must be directed to the applicable Retailer, subject to any procedures made available in the Application. Please review Retailer's rules or other terms of purchase prior to a Transaction.
(c) Upon completion of a Transaction, a unique QR code is provided by Dealifier to you. You shall present the QR code to the Retailer in order to receive the Goods that are the subject of the Transaction.
(d) ALL CLAIMS OF ANY TYPE BY YOU RELATED TO OR ARISING FROM A TRANSACTION ARE SUBJECT TO THE LIMITATIONS OF SECTIONS 11, 12, AND 13 OF THIS AGREEMENT.
12. Product Availability; Orders; Shipping; Returns
Product availability, descriptions, images, prices, taxes, fees, shipping options, delivery estimates, return and refund policies, and related terms are set by the applicable Retailer and may change without notice. By placing an order, you authorize Dealifier to transmit your order to the Retailer and, where applicable, to facilitate payment processing for the order total, including product prices, taxes, shipping, service fees, and any other applicable charges. All orders are subject to acceptance by the Retailer. Dealifier does not guarantee that any order will be accepted, fulfilled, or delivered within any specific timeframe. Title and risk of loss for goods pass in accordance with the Retailer's terms and applicable law. Returns, refunds, exchanges, and warranty claims are governed by the Retailer's policies. Dealifier may, but is not obligated to, assist in facilitating communications with a Retailer.
Dealifier may utilize artificial intelligence technologies to create, enhance, edit, or generate certain images, text, graphics, illustrations, and marketing materials appearing in the Application or Website.
Unless specifically identified as a live offer, active retailer, verified business, or actual promotion, any business names, logos, deals, discounts, pricing examples, testimonials, products, services, photographs, images, videos, advertisements, or promotional materials displayed may be fictional, simulated, illustrative or provided solely for demonstration and marketing purposes.
No representation or warranty is made that any example offer, promotion, discount, retailer, business, product, service, or pricing displayed as an example is currently available through Dealifier.
13. Pricing; Fees; Payment Terms
You agree to pay all amounts associated with your orders as displayed in the Application at checkout, including product or service prices, taxes, shipping charges, and any applicable service or processing fees. Prices and fees are set by Retailers or as indicated and may change at any time prior to order confirmation.
Payment processing may be provided by Dealifier and/or one or more third-party payment processors. By submitting a payment method, you authorize Dealifier and its payment processors to charge your payment method for the total amount of your order and to collect, store, and process your payment information as necessary to complete the transaction. You represent and warrant that you have the legal right to use the payment method provided.
If a payment is unsuccessful, disputed, or reversed, you remain responsible for the total amount due, and Dealifier may, in its discretion, cancel or suspend the related order or your access to certain Application features until payment is resolved. Dealifier may, where required or permitted by law, collect or process certain taxes on behalf of Retailers.
14. No Show and Payment Card Pre-Authorization Charges
As part of our commitment to providing the best possible deals, depending on your Transaction, when you provide a payment card for your purchase, the Retailer may use your payment card to pre-authorize or hold funds pending your pickup of the product or receiving the service you have purchased. Your payment card is then charged at the time you receive the product or services. Any cancellation of your purchase, or failure to show for a scheduled reservation, appointment or other commitment to appear, is subject to the Retailer's cancellation and no-show policies, which may subject you to a cancellation or no-show fee. Any purchase of a Deal Pack (a purchase of 2 or more products and/or services sold together as a single Transaction) is deemed final, non-cancelable, and non-refundable upon redemption of the first product or service contained within the Deal Pack, except as expressly authorized in writing by Dealifier.
15. User Content; Feedback
If you submit, upload, or post any content through the Application, including reviews, ratings, or communications ("User Content"), you grant Dealifier a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, improving, and promoting the Application without restriction or compensation to you. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any law or infringe any third-party rights.
16. Privacy
Your use of the Application is subject to Dealifier's Privacy Policy, which explains how we collect, use, and disclose information about you. By using the Application, you consent to the collection and use of your information as described in the Privacy Policy and this Agreement.
17. Term and Termination
(a) The term of Agreement commences when you use, access, or install the Application and will continue in effect until terminated by you or Dealifier as set forth in this Section 16.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your mobile device.
(c) Dealifier may terminate this Agreement at any time without notice if it ceases to support the Application, which Dealifier may do in its sole discretion, or for any other lawful reason. In addition, this Agreement will terminate immediately and automatically without any notice if Dealifier reasonably believes you have violated any of the terms and conditions of this Agreement or applicable law, or to protect the Application, users, Retailers, or third-parties. At no time is Dealifier required to provide all or any part of the Application to you.
(d) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your mobile device and account.
(e) Termination will not limit any of Dealifier's rights or remedies at law or in equity.
18. Disclaimer of Warranties
THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEALIFIER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DEALIFIER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU USE THE APPLICATION SOLELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEALIFIER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, REVENUES, SAVINGS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES;
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALIFIER'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID, IF ANY, TO DEALIFIER FOR USE OF THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.00 (ONE HUNDRED DOLLARS), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DEALIFIER.
(c) SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES; TO THAT EXTENT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(d) THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DEALIFIER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
20. Indemnification
You agree to indemnify, defend, and hold harmless Dealifier and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through the Application.
21. Dispute Resolution
At Dealifier's sole discretion, it may require you to submit any disputes arising from this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying North Carolina law by a single seated arbitrator located in Charlotte, North Carolina.
22. No Consolidation
Any claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
23. Notice Regarding Apple, Google, and Other Platforms
If you download the Application from the Apple App Store, you acknowledge and agree that Apple is not a party to this Agreement and has no responsibility for the Application or its content; Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application; and to the maximum extent permitted by law, Apple has no warranty obligation or liability with respect to the Application. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and may enforce this Agreement against you as a third-party beneficiary. Similar terms apply to apps obtained through Google Play or other platforms, with the respective platform providers being third-party beneficiaries to the extent required by their terms.
24. Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.
25. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in Charlotte and Mecklenburg County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
26. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
27. Entire Agreement
This Agreement and our Privacy Policy constitute the entire agreement between you and Dealifier with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
28. Changes to this Agreement
Dealifier may modify this Agreement from time to time. If we make material changes, we will provide notice by posting the updated Agreement in the Application or by other reasonable means. Your continued use of the Application after the effective date of any changes constitutes your acceptance of the revised Agreement. If you do not agree to the changes, you must stop using the Application and uninstall it.
29. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.