Terms of Service

Thank you for visiting our website which is owned and operated by Deazzle, LLC ("Deazzle", "we" or "us"). These Terms of Service (“Terms”) govern your use of the Deazzle.com web site, any successor web site(s) established by us which references these Terms, and any data or content available through such web sites (collectively, the “Site”), and constitutes a binding legal agreement between us and you. BY USING, VISITING OR BROWSING THE SITE, OR BY REGISTERING OR SIGNING UP FOR AN ACCOUNT WITH DEAZZLE, YOU HEREBY ACCEPT, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. If you do not want to be governed by these Terms, then please exit this page immediately and do not view or use the Site or register or establish an account on the Site.

Changes to the Terms of Service

THESE TERMS MAY BE CHANGED AT ANY TIME BY DEAZZLE IN ITS DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. [We indicate at the top of the page when these Terms were last modified or updated.] Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms.

Privacy and Personal Information

We are committed to protecting the privacy of the personal information of our end users. Any information submitted on the Site is subject to our Privacy Policy located at http://www.deazzle.com/privacypolicy.php, the terms of which are incorporated herein by reference. PLEASE REVIEW OUR PRIVACY POLICY TO UNDERSTAND PRACTICES WITH RESPECT TO YOUR PERSONAL INFORMATION.

Account

In order to use or access some features of the Site, you will be required to create an account with us. In creating your account, you certify that all information you provide is complete and accurate. You agree to update such information when required. You may not use another person’s account without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. You agree to notify us immediately at support@Deazzle.com of any breach of security or unauthorized use of your account. We shall not be liable for any losses, damages or expense caused by any unauthorized use of your account, and you agree to indemnify us for any such unauthorized use. [By accepting these Terms and completing the account registration process, you represent that you are an adult 18 years of age or older. If you are under the age of 18, you must have the consent of a parent or guardian who is willing to provide their identity and details upon request. Only one person may use an account. The registered user of an account may use the account or may choose instead to permit a child of the registered user who is at least thirteen (13) years of age to use the account.]

Third Party Web Sites

If you click on a link to a third party web site, including on an advertisement or a link to an on-line advertising company, you will leave the Deazzle Site you are visiting and go to the web site you selected. Because we cannot control the activities of third parties, including third-party service providers and payment providers, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as us. If you visit a third party web site that is linked to the Site, you should consult that web site's privacy policy and terms of use before providing any personal information. You agree that Deazzle shall have no liability for, and you hereby release and agree not to sue Deazzle for, any damages, losses, liabilities or expenses you may incur due to use of such third party web sites.

Appropriate Posts and Activity

You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on the Site are public and not private communications. Therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on the Site. We are not responsible for information that you choose to communicate to other users of the Site, or for the actions of other users. Once you post or send any content on or through the Site, you expressly grant Deazzle a perpetual, irrevocable, assignable, transferable right and license to quote, re-post, use, reproduce, modify, create derivative works of, distribute, transmit, broadcast and otherwise communicate, and publicly display and perform the content in any form, anywhere, and without any notice or compensation to you of any kind, and you hereby grant all consents, rights and clearances to enable Deazzle to use such content for such purposes. We have the right, but not the obligation, to remove any content or posts that we deem to be objectionable for any reason. You may not use or exploit the Site for any commercial purpose.

eCertificate Offers; Purchase and Redemption

All eCertificates generated by Deazzle and printed/utilized by you are promotional eCertificates that are offered to customers below their face value and are to be subject to Deazzle’s and the offering merchant’s terms and conditions. The holder and issuer of an eCertificate is the merchant or restaurant. As a holder and issuer of the eCertificate, the merchant or restaurant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you or any person for whom you have purchased an eCertificate arising from unredeemed eCertificates. eCertificates must be redeemed in their entirety and may not be redeemed incrementally. Redemption of merchant offers and/or vouchers is subject to the limitations and rules set by the respective merchants, and such merchant eCertificates may not be available for use and redemption by individuals located outside the United States. In addition, the following rules apply unless otherwise expressly stated at the time of purchase:

(a) An eCertificate may not be used for shipping & handling fees, alcohol, taxes, prior balances or tips unless specifically stated otherwise.

(b) Only one eCertificate may be purchased by each individual user unless stated otherwise.

(c) Only one eCertificate may be utilized per visit, unless stated otherwise.

(d) eCertificates may be purchased as gifts only if specified, and subject to any quantity limitation imposed.

(e) All restaurant eCertificates are for dine in only, unless otherwise stated.

(f) Each eCertificate must be used in 1 visit unless the merchant is willing to issue credit for any remaining balance.

(g) Neither Deazzle nor the merchant is responsible for lost or stolen eCertificates or specific merchant reference numbers.

(h) Reproduction, sale or trade of any eCertificate is prohibited unless done so in compliance with applicable law and any applicable merchant or Deazzle rules.

(i) eCertificates may not be combined with any other gift certificates, third party certificates, coupons or promotions, unless otherwise specified by the merchant.

In addition, the eCertificate will specify the expiration date of the eCertificate, unless prohibited by applicable law. Any attempted redemption of the eCertificate not in compliance with these terms and conditions, is immediately void.

Electronic communications

Deazzle generally communicates with its users by electronic means, such as e-mail, and you hereby agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Site Restrictions

We grant you permission to use the Site solely as set forth in these Terms. You agree that: (i) you will not copy or distribute any part of the Site in any medium without our prior written consent upon each distribution; and (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes, except as expressly authorized by us. Finally, you agree that you will not transmit 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 Deazzle, or (v) that inhibits other users from using or enjoying the Site.

Copyright

The content on the Site, including without limitation, the text, software, manuscripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Deazzle, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site or the Content. You agree to not engage in the use, copying or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of feedback of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

Disclaimers and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DEAZZLE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. DEAZZLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FEEDBACK OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. DEAZZLE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.
IN NO EVENT SHALL DEAZZLE, OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ACCESS OF THE SITE OR CONTENT.

Indemnification

You agree to defend, indemnify and hold harmless Deazzle, its parent corporations, affiliates officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use and access of the Site and Content; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation, any copyright, property or privacy right; or (iv) any claim that any feedback or content you post to the Site causes damages to a third party or infringes upon a third party’s intellectual property or other proprietary rights. This defense and indemnification obligation will survive these Terms.

Disputes

These Terms shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. If there is any dispute about or involving the Site, the Content provided on or through the Site, or these Terms, you agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida.