DivvyDeal: Group Buying Power

• Boston
• Providence
• Los Angeles
• New York
• Miami

• Philadelphia
• Portland
• Dallas
• Phoenix
• Manchester

• London
• Bristol
• Manchester
• Cambridge
• Oxford

• Glasgow
• Liverpool
• York
• Leeds
• Birmingham

TERMS & CONDITIONS

Welcome to DivvyDeal. Our website located at www.DivvyDeal.com and other online areas owned or operated by us, such as our Facebook and mobile phone applications, are collectively referred to herein as the "Site". The following terms and conditions form a binding agreement between you and us (the "Agreement"). Please review the following terms carefully. By using the Site or any DivvyDeal.com Services, you are agreeing to these terms, as well as our Privacy Policy (published at www.DivvyDeal.com/privacy-policy and incorporated herein by reference), and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services immediately.

The terms "DivvyDeal.com" or "us" or "we" or "our" refers to DivvyDeal, Inc., the owner and operator of the Site. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.

The Services also include the opportunity for you to purchase special Deals (as described below) for the products and services of third party merchants. The Services and Site are collectively referred to here as "DivvyDeal.com."

Conditional Use of Our Site and Services

Your permission to use DivvyDeal.com is conditioned upon your agreement that you:

• are 13 years of age or older;
• will comply with our Terms of Service;
• will not copy or distribute any part of DivvyDeal.com in any medium without DivvyDeal.com‘s prior written authorization;
• will provide accurate information when creating an account or registering for our Services;
• are solely responsible for your User ID and the activity that occurs while signed into or while using DivvyDeal.com using your User ID;
• will not use DivvyDeal.com to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
• will not use the communication systems provided by or contacts made on DivvyDeal.com for any commercial solicitation purposes;
• are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
• represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize DivvyDeal.com to use any and all Content submitted by you to DivvyDeal.com in accordance with the licenses granted in this Agreement;
• hereby grant each DivvyDeal.com user, whether using DivvyDeal.com or an application authorized by DivvyDeal.com but developed via a third-party developer, a non-exclusive license to access the content you submit through DivvyDeal.com and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through DivvyDeal.com‘s functionality and under these Terms of Service;
• will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to DivvyDeal.com; and
• hereby affirm we have the right to determine whether any of your content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Your Account and DivvyDeal.com Profile

You will need to register by creating an account with DivvyDeal.com (either by registering directly with us or by allowing a DivvyDeal.com application to connect through your Facebook profile) in order to publish content on the Site or obtain access to certain Services, including Deals. When you register, you will obtain unique log-in credentials (a "User ID"). Access to the DivvyDeal.com Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by DivvyDeal.com may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

DivvyDeal.com relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we‘ve issued to you, we will rely on that User ID and will assume that it is really you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by DivvyDeal.com, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at http://www.DivvyDeal.com/privacy-policy. Any communications between you and DivvyDeal.com, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

Rules Regarding Information and other Content

When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by DivvyDeal.com), and you agree not to post or use any Content in any manner that:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
• violates the privacy, publicity, or other rights of third parties,
• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by DivvyDeal.com in its sole discretion,
• is false or inaccurate, or
• could damage our company or any of our affiliates.

General Rules of User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:

• conduct or promote any illegal activities while using the Site or Services;
• upload, distribute or print anything that may be harmful to anyone, including but not limited to minors;
• attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Site or Services to generate unsolicited email advertisements or spam;
• use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
• impersonate another user.

Links to Third Party Sites

We do not have control over, nor do we take responsibility for, nor can we censor or edit, websites to which DivvyDeal.com may link. By using DivvyDeal.com you expressly relieve us from any and all liability arising from your use of any third party website.

Deals

DivvyDeal.com provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") at a discount (a "Deal"). Merchants are willing to offer attractive promotional discounts when we can bring together a large enough group willing to purchase the Deal. Most Deals have some initial requirements, such as a minimum number of purchases before the Deal is "live" and you have the Deal.

1. How It Works

By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal, subject to the initial requirements for that Deal being met. The Deal is not yours until we notify you via email that the requisite initial requirements set by the Merchant (such as the minimum number of people have signed up) have been met. Once we notify you the Deal is yours, we will charge your credit card. You are required to create an account in order to purchase any Deal. This is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.

2. The Voucher

Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) a promotional portion for the balance of the value of the Deal (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is left.

3. Expiration Dates

The promotional portion of all Vouchers expires on the date printed on your Voucher. The paid portion of the Voucher expires five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed.

4. Deal Specific Terms

Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal.

5. Global Terms

Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

• no cash value for any Voucher,
• no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
• no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
• use of a Voucher for alcoholic beverages is at the sole discretion of the merchant (which may be limited by applicable state law), unless otherwise noted on the Voucher,
• Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
• neither DivvyDeal nor the merchant is responsible for lost or stolen Vouchers or a Voucher reference number,
• duplicate use, sale or trade of a Voucher is prohibited, except as required by law.

6. Merchant Responsibility

DivvyDeal markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any liabilities arising from Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating non-affiliated Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.

Disclaimers of Warranty

We provide the Site and Services "as is". We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. TO THE EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM ANY IMPLIED WARRANTIES REGARDING THE SITE AND THE SERIVCES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A DIVVYDEAL.COM REPRESENTATIVE SHALL CREATE A WARRANTY.

Limitations of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF DIVVYDEAL.COM. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

Indemnity

You agree to defend, indemnify and hold harmless DivvyDeal.com and any of its affiliates from and against any and all claims, damages, and expenses (including but not limited to attorney‘s fees) arising from: (i) your use of and access to DivvyDeal.com; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of DivvyDeal.com.

Release

To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Intellectual Property

You acknowledge and agree that we are not granting any license to you under any intellectual property rights by virtue of this Agreement. "DivvyDeal.com" is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

The Content on DivvyDeal.com, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by DivvyDeal.com.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

Electronic Communications

The communications between you and DivvyDeal.com use electronic means, whether you visit the Site or send us emails, or whether DivvyDeal.com posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from DivvyDeal.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DivvyDeal.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Entire Agreement, Changes to this Agreement and Waivers

These Terms of Service, together with the Privacy Policy at DivvyDeal.com.com/privacy-policy and any other legal notices published by DivvyDeal.com on the Site or any Deal Voucher, shall constitute the entire agreement between you and DivvyDeal.com concerning DivvyDeal.com. We may change the terms of this Agreement from time to time, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of DivvyDeal.com‘s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of DivvyDeal.com. No purported waiver or modification of this Agreement by DivvyDeal.com via telephonic or email communications shall be valid.

General Terms

There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You represent that you are legally able to accept these Terms of Service And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please leave DivvyDeal.com.