Wow What a Deal

 

ACCEPTANCE OF TERMS OF USE

By using this website and any other related website owned by Wow What Savings, LLC ("WWS") that is incorporated or linked to in this website (collectively, the «Websites»), you («you» or the «End User») agree to the terms and conditions (the «Terms of Use») that WWS has provided herein. If you do not wish to agree to the outlined Terms of Use, please refrain from using the Websites.

WWS reserves the right to make any changes to the Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. You should read the Terms of Use and the Privacy Policy, as both are made available on the Websites, from time to time in order to stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use the Websites, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

USE OF CONTENT

All information, materials, functions and other content («Content») contained on the Websites is subject to change without notice. The Websites are our copyrighted property. All trademarks, service marks, trade names, and trade dress used on the Websites are proprietary to us, except where an item is specifically identified as the proprietary property of a third party. We may change the Websites, their features, or the Content at any time, in any way, for any or no reason.

Except as WWS specifically agrees in writing, no Content from the Websites may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Websites, except that where the Websites are configured to enable the download of particular Content, you may download one copy of such Content, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use that is not pre-approved in writing by WWS, «re-mailing» or high-volume or automated use of the Website is prohibited.

ACCOUNTS

Some services on the Websites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the «Registration Data»). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any of the Websites. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use any of the Websites or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

END USER CONDUCT

The Websites are private property. All End User interactions on the Websites must (i) be for lawful purposes, (ii) comply with these Terms of Use, and (iii) comply with any and all other requirements under applicable law. Any conduct by an End User that restricts or inhibits any other End User from using or enjoying the Websites, as determined by WWS in its sole and absolute discretion, is strictly prohibited. End User shall not use the Websites to advertise or perform any form of solicitation, including without limitation commercial, religious and political solicitations, or solicitations for other End Users to become users of services or products that directly or indirectly compete with those offered by WWS.

End User shall not post or transmit through the Websites any material that violates or infringes in any way upon the rights of others, or any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without WWS’ express prior, written approval, contains advertising or any solicitation with respect to products or services. End User shall not upload, post or otherwise make available on the Websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material (including without limitation communications, messages, photographs, and digital audio or video) to any public area of the Websites, End User warrants that the owner of such material has expressly granted WWS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other intellectual property right that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants WWS the non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, promote and distribute any material made available on the Websites by End User.

CONTENT ACCESSIBLE THROUGH LINKS FROM THE WEBSITES AND SEARCH RESULTS

You should be aware that when you are on the Websites, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as links from or to content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us, different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any of the Websites or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

We are not responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

DISCUSSION FORUMS AND SIMILAR CONTENT

WWS shall have the right, but not the obligation, to monitor the Content at all times, including any discussion forums or other areas of the Websites where End User may publicly exchange communications, to determine compliance with this Agreement and any operating rules established by WWS, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, WWS shall have the right to remove any material that WWS, in its sole and absolute discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

End User acknowledges that all discussion forums, ratings, comments, bulletin board services and other message or communication facilities are public non-confidential communications, and that other End Users may read End User’s communications without End User’s knowledge. WWS does not control or endorse the content, messages or information found in any Community, and, therefore, WWS specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any such communication facility, including any objectionable content. If any part of the Websites permit the submission of communications that will be treated by WWS as confidential, such treatment will be stated in such location.

DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM ANY OF THE WEBSITES IS PROVIDED «AS IS» AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OF THE WEBSITES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

The Websites may contain the opinions and views of other users. Given the interactive nature of the Websites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

The Content of the Websites does not constitute legal or professional advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any Content included in, or accessible through, the Websites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives, merchant customers and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the «Indemnified Parties») harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Websites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OF THE WEBSITES OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY OF THE WEBSITES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE WEBSITES OR CHANGE THE WEBSITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

AMENDMENT

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by posting notice of such amendment on the Websites. Any such amendment to these terms of use will be effective thirty (30) calendar days following our posting of notice of the changes on the Websites.

EXPORT CONTROL AND ECONOMIC SANCTION REQUIREMENTS

Supply of goods, services and software through the Websites is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Websites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Websites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List; or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word «including» is used illustratively, as if followed by the words «but not limited to.» YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY OF THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

By placing an order (an «Order») for a product or service being offered by a merchant customer of WWS (the «Offered Product»), you are making an offer to WWS to purchase a voucher to be redeemed with the merchant customer for the Offered Product. All such Orders are governed by the terms and conditions stated below, and any additional terms and conditions as may be set forth (i) in the Websites prior to or at the placement of an Order for a voucher, (ii) on the voucher itself, or (iii) as set forth by the applicable Restaurant or Merchant (as defined below). You may not place an Order with WWS until and unless you have created an account.

TERMS AND CONDITIONS FOR RESTAURANT SPECIFIC VOUCHERS

For this section, a «Restaurant» shall be defined as a merchant who offers food and/or beverage for sale in its regular business operations, and is making such food and/or beverages available to those who Order a voucher for such Offered Product.

The Restaurant shall set the terms and conditions concerning any and all redemption policies for Restaurant vouchers, and such terms and condition shall be set forth in such vouchers.

• Use of a Restaurant voucher for alcoholic beverages is at the sole and absolute discretion of the Restaurant, subject to applicable law.
• Use of Restaurant voucher in combination with any other restaurant certificates, third party certificates, coupons, or promotions is at the sole and absolute discretion of the Restaurant.
• The issuing of credit by the Restaurant to the End User for any reason is subject to the Restaurant’s sole and absolute discretion.
• Restaurant vouchers cannot be used for or attributed to taxes, tips or prior balances, unless otherwise specified on the voucher or permitted by the Restaurant.
• Restaurant vouchers are valid for dine-in only unless otherwise stated.
• Neither WWS nor the Restaurant is responsible for lost or stolen Restaurant vouchers.
• Once issued to an End User, reproduction, sale or trade of a Restaurant voucher is prohibited unless specifically permitted by the Restaurant.
• Any attempted redemption not consistent with these terms & conditions will render the Restaurant voucher void.
• Each Restaurant voucher shall expire on the date specified on such voucher.

TERMS AND CONDITIONS FOR NON-RESTAURANT MERCHANT CERTIFICATES

For this section, a «Merchant» shall be defined as any non-Restaurant that its products or services available to those who Order a voucher for such Offered Product.

A Merchant voucher may be applied only to the specified Offered Product of the Merchant, and shall not be applicable to taxes and shipping or handling charges, unless otherwise specified on the voucher or permitted by the Merchant.

A Merchant voucher may only be used to purchase one Offered Product, unless otherwise specified on the voucher or permitted by the Merchant.

The issuing of credit by the Merchant to the End User for any reason is subject to the Merchant’s sole and absolute discretion.

Neither WWS nor the Merchant is responsible for lost or stolen Merchant vouchers.

Use of Merchant vouchers in combination with any other restaurant certificates, third party certificates, coupons, or promotions is at the sole and absolute discretion of the Merchant.

Once issued to an End User, reproduction, sale or trade of a Merchant voucher is prohibited unless specifically permitted by the Restaurant.

Any attempted redemption not consistent with these terms & conditions will render the Merchant voucher void.

Each Merchant voucher shall expire on the date specified on such voucher.

ADDITIONAL TERMS FOR ALL VOUCHERS

The holder and issuer of a Restaurant voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of an End User, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed vouchers. Restaurant vouchers and Merchant vouchers are redeemable in their entirety only and may not be redeemed incrementally.

REFUNDS AND RETURNS

All requests for refunds and returns will be reviewed on a case-by-case basis. If the Restaurant or Merchant is for any reason unable to honor an otherwise valid voucher, WWS will obtain or provide a refund for your purchase.

YOUR PRIVACY AND SECURITY

As your privacy is important to us, Wow What Savings, LLC («WWS») has prepared this Statement of Privacy and Security («Statement») so that you may better understand how we use and protect your personal information. Please take the time to review this page and contact us at [email address] with any questions or concerns.

PERSONAL INFORMATION

We may ask you to register and provide personal information, such as when you register an account with us, access product information, features or programs, or sign into a page that requires authorization. We may also collect credit card information to bill you for products and services that you purchased.

This personal information may include your name, company information, e-mail address, user ID, domain name, URL, credit card number, mailing address, and telephone number. We may also collect demographic information such as your age, gender, zip code/postal code, preferences, and interests. If you choose not to register and provide this information, you can still use most of the websites of WWS (the «Websites»). Unfortunately, you will not be able to access areas that require registration.

In addition, we may add a referral service for you to tell an associate about the Websites. If we do, we will be asking for your associate’s name and e-mail address. We will automatically send your friend a one-time e-mail inviting him or her to visit the site. We may store this information for up to one (1) year and only use it for the sole purpose of sending this one-time e-mail.

CHILDREN’S PERSONAL INFORMATION

We do not knowingly collect personally identifiable information from users under the age of 16. If we are made aware that we have such personal information, we will take reasonable steps to delete that information.

SYSTEM CONFIGURATION INFORMATION

We automatically collect on our server logs certain information about your computer hardware and software when you visit the Websites or use our online services. This information may include such things as your IP address, cookie information, globally unique identifier, system, operating system, a description of any WWS products registered and how such products are used, browser type, domain names, access times, service provider and referring website addresses.

WEBSITE USAGE INFORMATION

We may track information about how you use our website through cookies, globally unique identifiers, Internet tags or web beacons, and track navigational data (e.g., log files, server logs, click stream). These allow us to track how you interact with the Websites, and, with your permission, we can tie this information to your personal information to help us tailor communication to you. We also collect information such as the URL of the website you previously visited, and when you use the Websites. We also keep track of the pages you visit within the Websites and any transaction details (e.g., downloads, orders, requests, or referrals). You can set your browser to notify you when a cookie is sent or to refuse or delete cookies altogether, but certain features of the Websites may not work without cookies.

HOW WE USE YOUR INFORMATION

Personal Information

With your express permission, we collect, integrate, and use your personal information to help enhance and personalize your use of our Websites, products and services. This will enable: (1) you to quickly find the services or information on the Websites; (2) WWS to create content and other services on the Websites most relevant or customized to you; (3) us to alert you about upgrades and updates with respect to the Websites and our services and products, special offers, promotions, newsletters, latest product announcements, upcoming events, programs and other new services from WWS; and (4) us to invite you to participate in product and service surveys or programs. We use this information to communicate with you either via the Internet, e-mail, mail or telephone only after you give your express permission for such communication. The only exception to this Statement are «service e-mails» that may notify you about system downtimes, product problems or recalls, password reminder e-mails, etc.

We also use anonymous and aggregated data to create statistics and reports for various business purposes.

We may aggregate anonymous data and share the anonymous data with our co-marketing partners in order to offer all our customers potentially desirable products and services as well as to improve our content and services.

We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions or performing statistical analysis of our services. We will only provide those companies the personal information (such as an e-mail address) that they need to deliver the service. Our service providers are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

From time to time we supplement the information we collect from the site with information from offline or third party sources. We use this information to enhance or overlay the «profile» of customers and business contact information. This supplementary data is therefore tied to corporate contact information and in some cases personally identifiable information. We also may internally compare lists collected from our Websites to remove duplicate entries.