IMPORTANT: ALL USERS ARE REQUIRED TO READ THIS SECTION
Dear DealsinLex.com user,
4. Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the DealsinLex.com logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of Deals in Lex LLC or its licensors and are protected by United States and international copyright laws. All rights to the Site Content are expressly reserved.
5. Copyright and Trademarks
DealsinLex.com, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Deals in Lex LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Deals in Lex LLC or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DealsinLex.com and may not be copied, imitated or used, in whole or in part, without the prior written permission of Deals in Lex LLC. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Deals in Lex LLC.
Everything located on or in this Site is the exclusive property of Deals in Lex LLC or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DEALS IN LEX LLC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and /or criminal penalties.
6. Limited License
Deals in Lex LLC grants you a limited, nonsublicensable license to access and use the Site and to view and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational and personal use (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not use the Site or the Site Content other than for its intended purpose; and (iv) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Deals in Lex LLC is strictly prohibited and will terminate the license granted herein.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Deals in Lex LLC against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.
To request permission for uses of Site Content not included in the foregoing license, you may contact Deals in Lex LLC at the address set out at the bottom of these Site Terms.
7. Hyperlinks and Third Party Content
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Deals in Lex LLC or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Dealsinlex.com logo or other proprietary graphic of Deals in Lex LLC to link to the Site without the express written permission of Deals in Lex LLC. Further, you may not use, frame or utilize framing techniques to enclose any Deals in Lex LLC trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Deals in Lex LLC’s express written consent. Except as noted above, you are not conveyed any right or license by implication or otherwise in or under any patent, trademark, copyright or proprietary right of Deals in Lex LLC or any third party. Nothing contained on the Site may be construed as granting, by implication or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Deals in Lex LLC or any third party without the prior written permission of Deals in Lex LLC or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Deals in Lex LLC does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Deals in Lex LLC provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Deals in Lex LLC’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Deals in Lex LLC accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Under no circumstances will Deals in Lex LLC be liable for any loss or damage caused by an end user's reliance on information obtained through Deals in Lex LLC. It is the Users responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.
8. User Conduct and Use of Interactive Areas
User participation and interaction is encouraged on the Site and the Site may contain discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site ("Interactive Areas"). If Deals in Lex LLC provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
* Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
* Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
* Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
* Content that would violate or infringe upon the rights of others
* Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
* Content that is false and misleading;
* Unsolicited promotions, political campaigning, advertising or solicitations;
* Viruses, corrupted data or other harmful, disruptive or destructive files;
* Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
* Content that, in the sole judgment of Deals in Lex LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Deals in Lex LLC or its affiliates or its users to any harm or liability of any type.
9. Rights to User Content
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Deals in Lex LLC and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Deals in Lex LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant Deals in Lex LLC the right to pursue at law any person or entity that violates your or Deals in Lex LLC’s rights in the Content by a breach of these Site Terms.
10. User Information, Registration Data, Email Alerts and Account Security
This Agreement sets forth the terms and conditions that govern the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions set forth in this Agreement. The right to use this Site is given on an individual basis to a specific End User and is not transferable. Each End User is responsible for protecting the confidentiality of End User's password(s), if any.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Deals in Lex LLC, and to keep it accurate, current and complete; (d) consent, upon registration with the Site, to having your email address included on an email alert list for your city whereby you will be alerted by email of the offers presented for that city or cities. You can subscribe for additional email alert lists for additional cities by changing your preferences or unsubscribe from email alert list(s) at any time by clicking on the appropriate links in any email alert you receive; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to
End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Deals in Lex LLC and that Deals in Lex LLC shall not be responsible for any data lost while transmitting information on the Internet. While Deals in Lex LLC endeavours to make the Site accessible 24 hours per day, 7 days per week, it is possible that the Site may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by Deals in Lex LLC, your access to the Site may be interrupted, suspended or terminated from time to time or generally.
Deals in Lex LLC has the right to change or discontinue any aspect or feature of the Site and Deals in Lex LLC 's business, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Deals in Lex LLC may discontinue any portion of the Site or any information disseminated or displayed or the method of such dissemination or display at any time.
11. Advertisements and Promotions
Deals in Lex LLC may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Deals in Lex LLC, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Deals in Lex LLC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
12. Warranty Disclaimer
Except as expressly provided to the contrary in a writing by Deals in Lex LLC, the Site, the materials contained therein and the services provided on or in connection therewith (the "Services") are provided on an "as is" basis without warranties of any kind, either express or implied. Deals in Lex LLC expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the Services, information, that the Site will be uninterrupted or error free, Content and materials on the Site. Deals in Lex LLC does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof.
Deals in Lex LLC is not responsible for typographical errors or omissions relating to pricing, text or photography. While Deals in Lex LLC attempts to make your access to and use of the Site and the Services safe, Deals in Lex LLC cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.
13. Limitation Of Liability
You waive and covenant not to assert any claims or allegations of any nature whatsoever against Deals in Lex LLC, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site.
In no event shall the aggregate liability of Deals in Lex LLC, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to Deals in Lex LLC for access to or use of the Site.
14. Privacy and User Communications
Deals in Lex LLC is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from Deals in Lex LLC by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.
15. Applicable Law and Venue
The Site (excluding Third-Party Sites) is controlled by Deals in Lex LLC and operated by it from its offices in Lexington, Kentucky. While Deals in Lex LLC has made no effort to publish the Site elsewhere, the Site is accessible in all states of the United States and in other countries. You and Deals in Lex LLC both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Deals in Lex LLC explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the state of Kentucky and the federal laws of the United States applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Site Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Site Terms or to the Services; or (d) the relationships that result from these Site Terms or the Services (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Deals in Lex LLC related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Deals in Lex LLC. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the state of Kentucky.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Lexington, Kentucky. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Lexington, Kentucky, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Deals in Lex LLC for your failure to comply with any such laws.
16. Termination/Modification of License and Site Offerings
18. Questions and Comments
DEALS IN LEX LLC
3104 Popham Ct
Dated: May 25, 2010
II. TERMS OF SALE
When you place and order to buy something on the Site you are making an offer to purchase the voucher(s) that you have selected on the following terms. To make a purchase on the Site you must first register with the Site and create a user account.
1. All vouchers printed from the Site are subject to the Terms of Sale of Deals in Lex LLC and the participating merchant(s).
2. Deals in Lex LLC is not responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by a participating merchant.
3. Deals in Lex LLC is not liable for any unclaimed property liability arising from unredeemed vouchers.
4. Refunds: Deals in Lex LLC handles refunds on a case by case basis. Technically, all sales are final and refunds are not permitted, however, we will always go out of our way to try to make you happy. If you have a question about a refund, please email us.
Last Updated: May 25, 2010
What Personal Information About Users Does Deals in Lex LLC Gather?
The information we learn from users helps us personalize and continually improve your experience using Deals in Lex LLC. Here are the types of information we gather.
* Information You Give Us: We may receive and store any information you enter on our Web site or give us in any other way. You provide most such information when you register; provide account details; participate in a contest or questionnaire; interact with a merchant from whom you have purchased something through our website; or communicate with customer service. You can choose not to provide certain information, however, you might not be able to take advantage of certain features of our website. We use the information you provide for such purposes as customizing your experience, improving our website, communicating with you, ensuring that purchases that you may make are handled properly, and preventing counterfeiting.
Does Deals in Lex LLC Share the Information It Receives?
Except with your consent and as set out below, we will not sell, license, trade or rent your personal information to or with others.
We facilitate the provision of products or services and offers for products or services by various types of merchants (such as restaurants and other retail merchants). We share some of your personally identifiable information with merchants from whom you have purchased something to allow them to provide the products or services to the correct individuals and to allow them to keep track of what they have provided. Sharing this information will allow these merchants to contact you directly should they choose to do so. We will only share personally identifiable information with a merchant if you purchase something relating to that particular merchant.
We may disclose or share non-personally identifiable information with partners, advertisers, merchants and/or prospective merchants to help explain our business and the effectiveness of our business or for promotional purposes. For example, we may disclose aggregated demographic information which does not include any personally identifiable information.
Deals in Lex LLC reserves the right to disclose personal information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so.
Deals in Lex LLC also reserves the right to disclose and / or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Deals in Lex LLC or of any of the business or assets or shares of Deals in Lex LLC or a division thereof.
How Secure Is Information About Me?
We protect the security of your sensitive information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you enter on certain pages of the Site that handle sensitive information.
It is important for you to protect against unauthorized access to your password and your computer. It is recommended that you do not share your password(s) with anyone and are sure to sign off when you have finished using a shared computer.
Which Information Can I Access?
If you request access to your personal information, subject to certain exceptions, Deals in Lex LLC will inform you of the existence, use and disclosure of your personal information and will provide you with a summary of that information. If Deals in Lex LLC determines not to provide you access to your personal information, we will provide an explanation.
You can help us maintain the accuracy of your personal information by notifying us of any changes to this information. You may log into your account and update your personal information or contact Deals in Lex LLC to request access to or to make a correction or update to your personal information.
Are Children Allowed to Use Dealsinlex.com?
Children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use Deals in Lex LLC in conjunction with and under the supervision of a parent or guardian.
We will never knowingly collect the personal information of minors.
Conditions of Use, Notices, and Revisions