Terms of Use
DealDigs.com is owned and operated by PriceDigs LLC(DealDigs or we). DealDigs utilizes commission-based affiliate marketing from
our merchant partners ("Affiliate Merchants"). To ensure that you, as a DealDigs.com
Registered User ("User"), fully understand what your rights are as a User, and
what our responsibilities are to you, we have created this User Agreement ("Agreement").
As a User of the DealDigs.com website (referred to herein as "DealDigs.com"
or the "Site"), you agree that you have read, understood and agreed to the following
"Terms and Conditions," and consent to be bound by all of the "Terms and Conditions,"
including any future amendments or updates thereto.
I. POST HOT DEALS AT DEALDIGS.COM
1. To post a hot deal on the Site, you must choose a unique user name. Duplicate
user names are not allowed, so if the name you enter is already in use, you
will be prompted to choose another one. DealDigs, at its own discretion, may
bar registration from any specific email service or ISP.
Any deal posted on the Site expresses only the views of the author of the deal
and does not necessarily reflect the views of DealDigs or any person or entity
associated with it. While DealDigs may use moderators and administrators to
monitor the content and appearance of deals posted at the Site, you acknowledge
that DealDigs is under no obligation to do so. Considering the real-time nature
of internet, it is impossible for us to monitor or review every deal. You agree
that neither DealDigs, nor any person or entity associated with it, will be
held responsible for the contents, accuracy, completeness or validity of any
information posted on the Site.
2. You agree that you will not use the web site to post any material, or links
to any material, which is knowingly false and/or defamatory, inaccurate, abusive,
vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening,
invasive of a person's privacy, or otherwise in violation of any law. You agree
you will not post promotional information for a web site, entity or entity with
which you are an affiliate, employee, owner, or otherwise receive any benefit
from. You agree you will not post any copyrighted material without the express
permission of the copyright holder, unless such copyright is owned by you.
The following are inappropriate for posting on DealDigs web site and
will be considered a violation of these Terms, subjecting the user who posts
them to immediate suspension or termination: Advertisements, referral programs,
chain letters, pyramid or ponzi schemes, solicitations and links to on-line
gambling sites. THIS LIST IN NOT ALL-INCLUSIVE AND MAY INCLUDE OTHER SUBJECT
MATTER THAT DEALDIGS DEEMS INAPPROPRIATE. DealDigs reserves the right to delete
any deal for any reason whatsoever, at our sole discretion. You agree that you
are solely responsible for the content of the deal you post, and that you will
indemnify and hold harmless DealDigs and their agents, employees and representatives
with respect to any claim based upon the content, appearance and/or transmission
of your deal(s).
3. By registering with DealDigs you are granting DealDigs, without expectation
of remuneration, a perpetual, world-wide, royalty-free license to distribute,
copy, adapt for use, reproduce, transmit and otherwise utilize all content and
information you post on this web site for any purpose and in any media now known
or hereinafter developed.
II. EARN DEALDIGS CASH BACK
As a User of DealDigs, you have the ability to earn money in the form of automatic
cash rebates("DealDigs Cash Back"). This section identifies the manner in which
you may earn DealDigs Cash Back, when you will be paid, what rights you have
as a User to the DealDigs Cash Back you have earned, and DealDigs's rights and
responsibilities with respect to the DealDigs Cash Back program.
1. Program Overview. The DealDigs Cash Back rebates program
(the "Program") allows DealDigs.com Users to shop with DealDigs's participating
merchants or post hot deals from DealDigs's participating merchants, and earn
DealDigs Cash Back. The Program is free to Users, and is conferred as a benefit
of registration with DealDigs. You are under no obligation to participate or
redeem your DealDigs Cash Back.
As a User, DealDigs Cash Back is automatically earned when: 1) you make a qualifying
online purchase from a merchant participating in the Program (a "Participating
Merchant") on our Cash Back & Coupons page, or 2) You post a hot deal and
other members click on it and make a qualified purchase. Participating Merchant's
are identified by a corresponding offer ( % or $ ) to the right of their store
name.
2. Earning DealDigs Cash Back via shop through DealDigs.com.
To be eligible to receive DealDigs Cash Back, you must make a qualifying purchase.
Generally, in order to make a qualifying purchase, you must satisfy the following
criteria:
(1). You must be 18 years of age or older and reside in the U.S.A. or Canada
(2). You must have cookies enabled on your web browser
(3). You must log on to DealDigs.com with your user name;
(4). You must click a valid link from DealDigs.com. The valid link is defined
as 1)the link to a Participating Merchant from DealDigs.com's Cash Back &
Coupons page;2) the Click here to buy link shown on any deal's summary
or deal detail page;
(5). You must add items to your cart and You must complete your transaction;
Reasons why you will not earn DealDigs Cash Back, include, but are not limited to, the following:
(1). You are under the age of 18.
(2). You do not have cookies enabled on your computer;
(3). You do not log onto DealDigs.com with your user name;
(4). You go directly to the participating merchant without first clicking on Shop Now link on deal detail page or visiting our Cash Back and Coupon page;
(5). You complete multiple transactions without returning to DealDigs.com to start over. (Completing each transaction ends your "cash back session" with DealDigs, and you have to start over to earn cash back on additional items).
(6). You type a new address (URL) in the window opened by a DealDigs Stores or Offers page;
(7). You click on any "special offers" or toolbars from other websites while shopping;
(8). You allow too much time to lapse between linking to the merchant and completing the purchase.
(9). You contact the merchant to change an order.
(10). You fail to abide by the restrictions imposed by a Participating Merchant.
(11) You do not reside in the United States or Canada.
(12). The Participating Merchant fails to transmit to DealDigs the commission corresponding to the transaction.
(13). You have been notified by DealDigs that you, or certain purchases, are not eligible for Cash Back.
Determination of whether or not a purchase made through a Participating Merchant
is a qualifying purchase is made at the discretion of DealDigs.com.
DealDigs.com is not responsible for tracking problems resulting from incorrect
usage of the DealDigs.com site, disabling cookies, computer issues resulting
from unknown causes such as third-party software or other issues, merchant partner
errors/omissions or from any other failure of tracking mechanisms.
DealDigs.com is not responsible for the accuracy of any hot deals posted by its members. It is buyers' responsibility to verify the accuracy of any hot deals and the qualification of cash back before they make any purchases.
Upon registration of your user name with DealDigs.com, an account will be set
up in your name for all DealDigs Cash Back you earn. The appropriate DealDigs
Cash Back rebate will be posted to your account as "Reported" within thirty
(30) days of the date on which a Participating Merchant reports your transaction
to DealDigs.com. For a period of ninety one (91) to one hundred twenty one (121)
days thereafter, your account will refer to the DealDigs Cash Back rebate as
"Pending." This time period is in accordance with the Participating Merchant's
right to reverse a transaction for return purposes. Once the participating merchant
authorizes the payment of DealDigs.com's commission in connection with a qualifying
purchase made by you, we will credit your account with the applicable DealDigs
Cash Back. Your DealDigs Cash Back earned will be identified as "Available,"
at which time you can request a payment redeeming your DealDigs Cash Back. You
can view your balance and history by clicking My Account in the upper right
corner of any page.
3. Earning DealDigs Cash Back via posting hot deals at DealDigs.com.
To be eligible to receive DealDigs Cash Back from the hot deals you post, the
other members must make a qualifying purchase as described in clause 2 above.
Specially, if other members cancel or return the order late, the cash back credited
to your account will be adjusted by DealDigs.
4. Requesting Payment DealDigs Cash Back.
You may request to redeem your earned DealDigs Cash Back designated as "Available"
in your account. To receive DealDigs Cash Back in an amount of $30.00 or less,
you must have an account at PayPal, and request payment electronically. To receive
DealDigs Cash Back in an amount greater than $30.00, you may request to receive
payment in redemption of your DealDigs Cash Back either electronically through
PayPal, or by standard check. The DealDigs Cash Back will be distributed to
the User within thirty (30) days of receipt of the User's request for payment.
DealDigs.com is not responsible for lost mail or any other event beyond the
control of DealDigs that would prevent a user from receiving their payment.
You are solely responsible for redeeming DealDigs Cash Back. There is no automatic
or periodic redemption.
5. Account Adjustments. DealDigs Cash Back
awarded to you is subject to adjustments for returns and cancellations, DealDigs's
receipt of information and payments on such purchases/orders from Participating
Merchants, and other events. DealDigs reserves the right to make adjustments
to User's accounts at any time in accordance with this Agreement. If you disagree
with any adjustments made to your account, your sole remedy is to discontinue
use of DealDigs.com.
DealDigs is not responsible for changes to, or discontinuance of, any Participating
Merchant, or any Participating Merchant's withdrawal from the Program, or for
any effect on accrual of DealDigs Cash Back caused by such changes, discontinuance
or withdrawal.
6. Termination of Program. DealDigs reserves the right to terminate
the Program in whole or in part at any time with notice. In the event the Program
is terminated, you will have sixty (60) days to redeem your DealDigs Cash Back
from the date notice is transmitted by DealDigs to the email address specified
in your account. Notification will be sent to the email address provided to
DealDigs during the registration process. DealDigs will not be responsible for
failing to notify you of Program termination where such failure is caused by
an inaccurate email address, your failure to check email online, or your failure
to inform DealDigs of a change in your email address.
7. Member Responsibilities. You are responsible for maintaining
accurate account information at all times, including valid email address information.
You are responsible for keeping your email address, password and all other information
concerning your account confidential. DealDigs is entitled to act on instructions
received under your username and password. DealDigs is not responsible for any
credits or debits made to your account by someone else who uses your username
or password. DealDigs will not be responsible for any losses or liabilities
incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis,
and for checking to ensure that all DealDigs Cash Back has been properly credited
to your account. If a discrepancy occurs in your DealDigs Cash Back account,
such as a rebate not being credited to the account, then you must contact DealDigs
via our customer support link on the Site, within sixty (60) days of the purchase/order
date from a Participating Merchant. If you fail to contact DealDigs within that
sixty (60) day period , such purchase/order shall be deemed to be accurate and
you hereby waive any right to dispute said purchase/order.
8. General.
(a) Participation in the Program is personal to you. DealDigs Cash Back received
under the Program may not be assigned or transferred to any third party, except
as expressly permitted by DealDigs, in writing. The sale, transfer, lending,
exchange, pooling or barter of any DealDigs Cash Back, other than by DealDigs,
is expressly prohibited. Any DealDigs Cash Back assigned, sold, or otherwise
transferred in violation hereof may be confiscated or canceled.
(b) DealDigs will use information collected from you as set forth in our Privacy
Policy. You are encouraged to read our Privacy Policy to understand our information
collection and use practices.
(c) You are responsible for any taxes that may be due on DealDigs Cash Back
redeemed by you.
(d) DealDigs Cash Back has no cash value until such time as you request and
receive a payment in accordance with Article II, Section 4, herein above, and
you shall have no property rights or other legal interest in DealDigs Cash Back.
III. USER OF ONLINE COUPONS
1. As an additional FREE value-added service to its users, DealDigs provides
online coupons. DealDigs is not responsible for the redemption, errors/omissions
or expiration of online coupons and it is your responsibility to make sure that
discounts, special pricing or free offers are present in the checkout process
of an Affiliate or Participating Merchant.
2 . DealDigs has no control over the legality of any coupons or other offers
made by Affiliate or Participating Merchants. Since all coupons are provided
by the Affiliate or Participating Merchant, DealDigs has no control over whether
such Merchants will honor the coupons shown on DealDigs.com.
3 . In the event you have a dispute with an Affiliate or Participating Merchant,
you agree to contact them directly and further, waive and release DealDigs from
any and all claims, demands, actions, damages (actual and consequential), losses,
costs or expenses of every kind and nature, known and unknown, disclosed and
undisclosed, relating to that dispute.
IV. DELIVERY OF PRODUCTS/SERVICES
1. All products/services purchased will be delivered to the user via the Affiliate
or Participating Merchant, once the transaction has been completed.
2. DealDigs is, in no way, responsible for the delivery of products/services
purchased from an Affiliate or Participating Merchant. Each Affiliate or Participating
Merchant has its own set of rules and requirements for delivery of the products/services
purchased.
3. DealDigs is not responsible for the quality of the products/services purchased
on its web site. Any warranties offered are provided solely by the Affiliate
or Participating Merchant or manufacturer.
V. DISCLAIMER OF LIABILITY FOR CONTENTS OR LINKS
1. DealDigs makes every effort to keep the information on our web site current,
but we accept no liability whatsoever for any of the content provided therein.
2. We are not obligated to monitor third party information provided or stored
on our web site. However, we shall promptly remove any content upon becoming
aware that it violates the law.
3. In no case do we accept any liability for third party information that is
false, misleading, inappropriate or in violation of any law of any State or
the United States.
4. The DealDigs web site contains links to third-party web sites. We have no
influence whatsoever on the information on these web sites and accept no responsibility
for their content or correctness.
5. The content of such third-party web sites is the responsibility of the respective
owners and providers thereof. We shall promptly delete a link upon becoming
aware that it violates the law(s) of any State or of the United States.
VI. PRIVACY POLICY
1. DealDigs' complete Privacy Policy can be seen in full elsewhere on this web
site.
2. As stated therein, all personal details provided to DealDigs will be treated
as confidential in accordance with DealDigs' Privacy Policy and the laws of
the United States of America.
VII. DATA PROTECTION
1. Users should be aware that there are inherent security risks in transmitting
data, such as emails, via the Internet, because it is impossible to safeguard
completely against unauthorized access by third parties. Nevertheless, we shall
safeguard your data, subject to this limitation.
2. In particular, personal information will be transmitted via the Internet
only if it does not infringe upon third-party rights, unless the respective
party has given its prior consent in view of such security risks.
3. Accordingly, as the web site provider, we shall not be held liable for any
damages incurred as a consequence of such security risks or for any related
acts of omission on our part. PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY
ON OUR WEB SITE.
4. We oppose the use of any available contact information by a third party for
sending unsolicited advertisements.
5. As the web site provider, DealDigs reserves the express right to take legal
action against unsolicited mailing or emailing of spam and other similar advertising
materials. DealDigs will report all violators to their respective Internet Service
Providers (ISP) as well as the appropriate legal authority.
VIII. GENERAL PROVISIONS
1. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
DEALDIGS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW. DEALDIGS DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO DEALDIGS WEB SITE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING,
COURSE OF CONDUCT, OR COURSE OF PERFORMANCE. YOU AGREE THAT DEALDIGS WILL NOT
BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND
ANY AFFILIATED OR PARTICIPATING MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY
SUCH CLAIM AGAINST DEALDIGS AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES,
PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. DEALDIGS DOES NOT MAKE ANY
REPRESENTATIONS OR GUARANTEES REGARDING ANY PRODUCTS OR SERVICES OFFERED OR
PROVIDED BY AFFILIATE OR PARTICIPATING MERCHANTS OR SUPPLIERS. DEALDIGS DOES
NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE. DEALDIGS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR
ACCESS OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR
INABILITY TO RECEIVE DEALDIGS CASH BACK REWARDS BY PURCHASING ITEMS WITH A PARTICIPATING
MERCHANT. IN NO EVENT SHALL DEALDIGS BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES
INCURRED (INCLUDING WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY
THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF DEALDIGS WEB
SITE; ANY ACT OR OMISSION BY DEALDIGS IN ADMINISTERING THE WEB SITE OR THE PROGRAM
OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF AFFILIATE OR PARTICIPATING
MERCHANTS OR SUPPLIERS, EVEN IF DEALDIGS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL
DEALDIGS BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY DEALDIGS IN EXCESS OF
THE CASH BACK REWARDS EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME
STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. PLEASE CHECK THE STATUTES IN YOUR STATE.
YOU AGREE TO INDEMNIFY AND HOLD DEALDIGS, ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES,
HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF DEALDIGS
WEB SITE, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT
BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER
RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS,
OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
2. Compliance with Laws and Regulations. You
agree to comply with all applicable laws, rules and regulations. You may participate
in DealDigs.com if and to the extent that such participation is permitted by
such laws, rules and regulations. DealDigs may refuse to enroll, restrict, modify
or terminate your username, password and registration without liability to you
or any other third party if you violate any law, rule or regulation, of if your
participation could violate any law, rule or regulation.
3 . Proprietary Rights to Content. You acknowledge
that DealDigs.com content, including but not limited to: text, sounds, photographs,
graphics, or other material contained in any DealDigs.com communication, advertisements
or messages, whether by DealDigs, DealDigs.com or DealDigs's advertiser's or
Affiliated Merchants, service and software are protected by copyrights, trademarks,
service marks, patents, and/or other proprietary rights and laws. You are only
permitted to use content, service, or software as expressly authorized by DealDigs,
its advertisers and Affiliated Merchants, as the case may be.
4. Termination of Agreement.
(a) Any violation of the Terms and Conditions of this Agreement is grounds for
termination of your user name, password and registration with DealDigs.com.
(b) DealDigs reserves the right to terminate your user name, password and registration,
if your account is inactive for twenty-four (24) consecutive months. An account
shall be deemed and considered to be inactive if there has not been any DealDigs
Cash Back earning activity.
(c) You may terminate your user name, password and registration at any time
by sending an email to our 24 Hour Customer Service.
(d) If your user name, password and registration with DealDigs.com is terminated
for any reason, either by you or by DealDigs, you shall forfeit any and all
earned DealDigs Cash Back in your account.
5 . Notice. All DealDigs notices will be given by email, postal
mail, or by general posting to the DealDigs.com website.
6. Waiver. DealDigs's failure to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of such right or
provision.
7. Choice of Law. The Terms and Conditions of Use stated herein
shall be governed by and construed in accordance with the laws of the State
of Nevada, without reference to conflicts of law rules. You expressly consent
to exclusive jurisdiction and venue in the courts located in Dupage County,
Illinois for all matters in connection with these Terms and Conditions of Use
or your use of DealDigs web site.
8. It is agreed and understood by users that all transactions conducted on DealDigs' web site are considered transacted when received by DealDigs at it's corporate offices in Nevada.
9. DealDigs reserves the right to terminate your user name,
password and registration, if your account has been associated with any legally
questionable activity.
10. Severability of Provisions. Any provision (or part thereof)
of this Agreement which is found to be invalid, prohibited, or unenforceable,
shall be ineffective only to the extent of such prohibition and unenforceable,
without invalidating the remainder of the provision or the remaining provisions
hereof. To the extent permitted by the applicable law, each of the parties hereto
hereby waives any provision of law which prohibits or renders unenforceable
any provisions hereof in any respect.
[last updated 01/29/2008]
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