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If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of the Company and the authorized third parties referred to herein located in the United States.
(a) Information Collected Through the Site: We collect Personal Data through the Site when you voluntarily chose to provide us with such Personal Data, such as through one or more of the following options:
(1) Registration. Our Site's registration system requires users to give us your Personal Data, including contact information such as your name, address and e-mail address, phone number, and demographic information such as a ZIP code, sex, age, and potentially other personal information we may request. Such contact information is used to contact the user when necessary. You shall be responsible for protecting the confidentiality of your password(s).
(2) Credit Card Information. Users bidding on Promotional Offers shall be required to submit their credit card information to secure the Promotional Offer for their benefit. The credit card must be valid as of the date of the end of the Promotional Term to be accepted. While credit cards will not be charged unless the Conditions of a Promotional Offer are satisfied, if a credit card is declined when charged, you will be responsible to provide a replacement card. Except in the case of fraud or good faith disputes regarding the Promotional Offer and/or underlying products and services, your failure to provide payment will result in a breach of your obligation to the Merchant, at which point, the Merchant may pursue legal action to recover the payment.
(b) Advertisers. The Company may display third party advertisements on the Site. In some instances, users may request more information from these third parties concerning their respective products and/or services by clicking on such advertisement. Some of our third party advertisers offer to contact our users directly as a way to follow up a user's interest in its products and/or services. In such cases, users will be asked for their Personal Data, and by providing your Personal Data in such a fashion, a user is consenting to being contacted by such third party.
(1) Cookies are small bits of information that are stored on your computer hard drive by your web browser. Our cookies do not collect or contain Personal Data. While you may turn off your computer's acceptance of cookies through your browser, your full use of the Site may be restricted.
(2) The Company collects your computer's IP addresses in order to conduct system administration, report aggregate information to third parties and to conduct Site analysis. While the Company does not associate IP addresses with records containing Personal Data, we will use IP addresses to identify any user who refuses to comply with these Terms and Conditions.
(e) Our Disclosure of your Personal Data and Other Information: The Company considers your Personal Data to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
(1) Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
(2) Agents, Consultants and Related Third Parties: The Company retains the services of third party vendors to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments (with respect to payment processing, credit card information will also be shared). When we employ third parties to perform such functions, we only provide them with the information that they need to perform their specific function. Further, the Company may provide Merchants with your Personal Data and you agree that they may solicit you with other products and services.
(f) Legal Requirements: The Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of the Company, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
(g) Consent: Except as set forth above, you will be notified when your Personal Data may be shared with third parties, and will be able to prevent the sharing of this information.
(h) External Links: Our Site may provide links to various third party web sites which are provided solely for your convenience. However, even if a third-party affiliation exists between the Site and that destination site, we do not exercise authority over these linked sites, each of which maintains independent privacy and data collection policies and procedures. We do not assume responsibility or liability for these independent methods or actions and are not responsible for the independent policies or procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such web sites. These links to third party web sites are provided only for your convenience, and as such, you access them at your own risk. However, we wish to ensure the integrity of the Site and its destination links, so any comments pertaining to the Site or any Sites accessed through these links are greatly appreciated.
(j) Security: We employ reasonable security measures in place to protect against the theft, misuse and alteration of the Personal Data under our control. Personal Data is stored in a secured database. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent or uploaded User Generated Content sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us through an Internet connection.
(k) Choice/Opt-Out: Our Site gives users the opportunity to opt-in to receive communications from us and our third party advertisers at the point where we request information about the user. This Site also gives users the opportunity to stop receiving these communications at any time by editing their User account preferences. You will find an opt-out option at the bottom of all communications, or you may write to us at the address set forth in our Terms and Conditions (Insert Link) to opt out of future communications not directly related to your access to the Site and your use of the DailyUpdate Service.
1. Description of DailyUpdate Service. DailyUpdate (Company) connects you a variety of deal website providers, allowing you to purchase vouchers ("Voucher") or print coupons (“Coupons”) from featured merchants ("Merchants") on the Site offering discounted products and services (the "Promotional Offer"). The Merchant's Promotional Offer may contain conditions required for the transaction to be effective including, requirements for a minimum number of consumer purchases by a specified time as well as other restrictions stated in the Promotional Offer (the "Conditions"). When making a purchase, you are committing to purchase the Vouchers on the terms specified and said commitment is not cancelable by you unless the Conditions are not met; in which case, the entire transaction will be void and neither you nor the Merchant will be obligated to proceed further. Your credit card will be automatically charged for the stated price on the Promotional Offer once the Conditions have been satisfied without further notice or required consent from you. If the Conditions of the Promotional Offer are not satisfied, you will be notified that the proposed transaction is void. Vouchers will be sent to you electronically with a specific redemption code which must be printed and returned to the Merchant for redemption. Once a redemption code is used by you (or if it expires as per the terms of the Promotional Offer), it will no longer be valid. Printable Coupons may be printed and used at your sole discretion, in accordance with Merchant’s restrictions associated with the Coupon.
2. Disclaimer. COMPANY SHALL NOT RESPONSIBLE FOR THE PROMOTIONAL OFFERS MADE BY THE MERCHANTS AND IS ONLY ACTING AS A MARKETING SERVICE. MERCHANT IS THE SELLER OF RECORD FOR THE VOUCHERS AND UNDERLYING PRODUCTS AND SERVICES TO BE REDEEMED. IN NO WAY SHALL YOU CONSIDER COMPANY AN AGENT, DISTRIBUTOR OR RESELLER OF THE PROMOTIONAL OFFER. YOUR SOLE RECOURSE REGARDING ISSUES OR PROBLEMS WITH THE PROMOTIONAL OFFER, DEFECTS IN THE PROMOTIONAL OFFER OR BREACH OF WARRANTY CLAIMS SHALL BE DIRECTED SOLELY TO THE MERCHANT FROM WHICH YOU HAVE MADE THE PURCHASE. THE COMPANY MAKES NO WARRANTIES OR ENDORSEMENT OF THE MERCHANTS OR THEIR RESPECTIVE PROMOTIONAL OFFERS AND IS SOLELY ACTING AS A MARKETING SERVICE. THE COMPANY FURTHER DISCLAIMS ALL WARRANTIES OF QUALITY, SAFTEY, USABILITY, MERCHANTIBILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU THROUGH PURCHASED VOUCHERS OR COUPONS. YOU ARE USING THE MERCHANT'S PRODUCTS AND SERVICES AT YOUR SOLE RISK.
3. Ownership. You acknowledge that all Promotional Offers and Content are owned exclusively by the Company or the Referring Website Provider. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
4. License. Company hereby grants you the right to view and use the DailyUpdate Services in accordance with these Terms and Conditions. You may download and/or print a copy of the Content, specifically confirmation of the purchased Voucher for your redemption (the "Permitted Uses"). Unless otherwise stated on the Promotional Offer, Vouchers shall not be transferred or resold or will be deemed void. You agree to use the DailyUpdate Service lawfully and only for the Permitted Uses. No other use of the DailyUpdate Service is permitted. You shall not reuse or electronically reproduce or make derivative works from any Voucher in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the Company or Referring Website Provider. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without Company's prior written consent in each instance.
5. Trademarks. All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of DailyUpdate, LLC, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
6. Usage Rules. We reserve the right to deny you access to any and all parts of this Site or the DailyUpdate Service and terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
(a) Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for all bids and shall be obligated to consummate any transaction where the Conditions or met on a Promotional Offer you bid on. Additionally, your account will contain your credit card information. You shall be responsible to keep your user name and password confidential and that Company is not responsible for any unauthorized use of your account caused by your own negligence. If the Company provides a comment or feedback capability on the Site, you may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(b) Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.
(c) Use by Minors Under The Age of 18. This Site is intended for adults who have authority and capacity to commit to entering into transactions with Merchants and purchasing the Promotional Offers. MINORS UNDER THE AGE OF EIGHTEEN ARE REQUIRED TO HAVE THEIR PARENT OR GUARDIAN MAKE ANY PURCHASES OF THE PROMOTIONAL OFFERS.
(d) No Monitoring. This Site and the Content on it (whether generated by Merchants or by users) in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. Further, no statements made in the communities and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.
(e) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
(f) Interference with Other Users' Use. You shall not interfere with other users' use of the Site or the DailyUpdate Service, including, without limitation, disrupting the normal flow of communication concerning user comments, spamming or otherwise using abusive tactics to deter others from commenting on Promotional Offers.
(h) Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(i) Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
(j) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
7. No Review of Postings. The Company does not and cannot review, and is therefore not responsible for, any comments posted to the Site. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY PORTION OF THE SITE SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION.
8. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others' intellectual property rights will not be tolerated and may result in the termination of the infringing party's account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any user posted comments or materials are repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content.
If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
9. Data Back-Up; Site Downtime; Security: We are not responsible for backing up your data or other type of data attributed to your use of the DailyUpdate Service. The right to use this Site is personal to you and is not transferable to any other person or entity. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the Company's control, and Company shall not be responsible for any data lost while transmitting information on the Internet. Additionally, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. COMPANY DOES NOT GUARANTEE THAT YOUR ACCESS TO THIS SITE WOULD BE UNINTERRUPTED, ERROR-FREE OR TERMINATED FROM TIME-TO-TIME. OR THAT IT WILL MAINTAIN DATA LOGS ON ALL VOUCHERS PURCHASED BY YOU. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL VOUCHER INFORMATION, INCLUDING REDEMPTION CODES, AND EXPRESSLY AGREE THAT COMPANY WILL HAVE NO LIABILITY WITH RESPECT TO LOST VOUCHER CODES.
11. Notice. We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U. S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Senior Daily LLC, dba DailyUpdate.com
5753 E. Santa Ana Canyon Road, G-150
Anaheim Hills, CA 92807
B. DISCLAIMER OF WARRANTIES. THIS SITE, THE CONTENT AND THE DAILYUPDATE SERVICES ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, THE PROMOTIONAL OFFERS, AND ANY UNDERLYING PRODUCTS AND/OR SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information or User Generated Content by you, or (b) your use of the Content, the Site and/or DailyUpdate Services; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
13. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE MARKETING FEES COLLECTED BY COMPANY FROM THE MERCHANT FOR THAT SPECIFIC VOUCHER PURCHASED BY USER. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF VOUCHER CODES, BREACH OF WARRANTY BY MERCHANTS, DISSATSIFACTION OF A MERCHANT'S PRODUCTS AND/OR SERVICES, FAILURE TO MEET THE RESTRICTIONS SET FORTH IN THE PROOTIONAL OFFER, DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AND/OR DAILYUPDATE SERVICES AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, THE CONTENT, THE DAILYUPDATE SERVICES OR SUBMIT A BID FOR A PROMOTIONAL OFFER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
14. Third Party Rights. The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. User Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least 18 years old, you may have a parent or guardian accept these terms on your behalf. You agree to be financially responsible for your use of the DailyUpdate Service (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
16. Returns. All returns of underlying redeemed products and services shall be conducted through the Merchant. You may contact the Company, or the Referring Website Provider, who may, in its sole discretion, investigate any complaints by end users, but will not be financially responsible to refund payments.
17. Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located at Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between SeniorDaily, LLC, dba DailyUpdate.com, and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
BY REGISTERING ON THIS SITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.