Your Agreement with CityDeals.com Thank you for using CityDeals.com. Please read this Agreement in its entirety before continuing to use this website. These Terms and Conditions of Use constitute a legal Agreement between you and CityDeals.com. By using this website, you agree to be bound by the Terms and Conditions of this Agreement. If you do not agree with these Terms and Conditions, please discontinue the use of this site.
Void Where Prohibited Use of the site is void where prohibited. By using this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
Registering with CityDeals.com In order to use some features of the site, you will need to register with CityDeals.com. Registering allows you to buy discount products, receive deal alerts, and submit reviews. This is not a membership. By registering with CityDeals.com, you agree to receive offers from CityDeals.com and the businesses listed on CityDeals.com via the contact means provided at the time of creating your account.
We Protect Your Privacy WE DO NOT SHARE, SELL, RENT, OR GIVE YOUR PERSONAL INFORMATION TO ANYONE FOR ANY REASON OTHER THAN AS OUTLINED AND AGREED UPON HERE IN THESE TERMS OF USE. Learn more about our Privacy Policy Here.
Security of Your Personal Information We use sophisticated encryption and authentication tools to protect the security of your personal information. Specifically, every page in the CityDeals.com ordering process uses Secure Socket Layer (SSL) encryption, which is designed to render information unreadable should anyone try to intercept it. Despite these safeguards, we cannot guarantee or warrant the security of information transmitted to or from our website, and you do so at your own risk. To help ensure others will not have access to your personal information, we urge you to sign off your account and close your browser window when you have finished your visit, especially if you are sharing a computer or using a computer in a public place. By having an account with CityDeals.com, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, CityDeals.com may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that CityDeals.com believes is appropriate.
Right to Purchase CityDeals.com does not sell products or services to persons under the age of 18, unless accompanied by an adult. If you are under the age of 18, you may purchase products from CityDeals.com only under the supervision of a parent or guardian. Introductory Offers are limited to one gift card or certificate per household. Purchasing more than one Introductory Offer from the same household is not allowed. CityDeals.com reserves the right to cancel orders, refuse service, or terminate a user account for any breach of these terms in its sole discretion.
Pricing & Product Availability Quantities are limited. Prices and availability of all products are subject to change at any time without notice. In the event a product inventory quantity, price or product details are listed incorrectly in error, CityDeals reserves the right to refuse or cancel any order at the incorrect price or quantity, even if the order has been confirmed and your credit card has been charged. Any such situation warrants a full refund for the incorrect amount charged. CityDeals.com uses reasonable efforts to ensure the accuracy, correctness and reliability of all content, but we make no representations or warranties as to the content's accuracy, correctness, or reliability. CityDeals can not back date, sales, specials, or discounts, including promotions codes, to orders that have already been submitted.
Credit Card Transactions Purchases made on CityDeals.com website will appear on your credit card as "CityDeals.com or City Deals Merchant Services."
Shipping & Handling Items purchased from CityDeals are subject to shipment contracts with third party carriers. We are not responsible if a gift certificate/card is lost, stolen, destroyed or used without your permission once the shipment has been turned over to third party carriers. All delivery times given are estimates and CityDeals is not liable for any shipping delays.
CityDeals is not liable for shipments that are undeliverable. We will attempt to contact the customer to resolve the error. In any event, customer is responsible for all shipping and handling fees related to the shipment. Shipments with total amounts over $300.00 must be shipped via Express or Priority shipping methods and will require a signature upon delivery. Pick up orders placed by 12:00pm MST M-F can be picked up from 1pm-4pm MST M-F at CityDeals offices, 13997 South Minuteman Drive Draper, UT 84020. Orders placed on business days after 12:00pm MST, on weekends, or on holidays will be available for pickup on the following business day. A copy of your order confirmation or valid I.D. matching the name on your order must be presented at time of pickup. There will be no exceptions made when verifying proof of purchase or I.D. Pick up orders left unclaimed after 7 business days from date of purchase will be sent to the shipping address on file via First Class mail and all standard shipping policies will apply.
Shipping Errors If we have made an error in your shipment, please contact us immediately. In the event the wrong product is shipped to you, CityDeals will gladly replace it with the correct items when the incorrect products have been returned to CityDeals via a trackable method. Return postage for incorrect orders can be provided by contacting customer service.
Submitting Reviews, Blog Entries and User Contributions CityDeals.com encourages reviews and other content submissions from its users. CityDeals.com reserves the right to post, modify or remove any review, blog entry, or other content that in its sole discretion is deemed to be inappropriate for any reason. CityDeals.com reserves the right to correct spelling, grammar, and other errors that appear to be unintentional. User contributed content does not reflect the views of CityDeals.com; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. CityDeals.com does not assume responsibility or liability for any content or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. Content submitted to CityDeals.com becomes the sole property of CityDeals.com.
Merchant Agreements CityDeals.com has entered into legally binding contracts with each participating merchant on our website. Accordingly, each merchant has agreed to:
Redeem CityDeals.com Gift Certificates at full face value prior to any printed expiration date, or as dictated by the law in your state.
Redeem Gift Certificates same as cash, without restrictions or blackout dates unless otherwise noted on both the website and on the gift certificates.
To refund you the amount you paid for the certificate as required by law.
CityDeals Return and Refund Policy
CityDeals Satisfaction Guarantee: CityDeals is committed to providing the highest quality products and services for the best value. Should our customers not be completely satisfied with any unredeemed item, CityDeals will accept the return and credit the customer's CityDeals account according to our policy.
Customer Responsibility: When using the CityDeals website, it is understood that it is the responsibility of our customers to first work directly with merchants to resolve disputes regarding the products sold by CityDeals on the merchant's behalf, including any dissatisfaction with services provided upon redemption.
If our customers experience any difficulties with our merchants when redeeming their CityDeals purchased gift certificates, vouchers, retail goods or gift-cards, please contact CityDeals directly. We will work on the customer's behalf to resolve the dispute. If we are unable to resolve the situation, we are happy to help customers complete a return during any part of the process.
Qualifications for Returns: 1. Return must be shipped via a trackable shipping method 2. The original purchase receipt is required for a refund 3. Refunds are only provided to the original purchasing customer 4. Returned orders must be accompanied by a completed Returns Tracking Form
Items Not Qualifying for Returns, or Full Refunds: 1. Lost, stolen, or misplaced items, including coupon codes, or reference numbers 2. Expired items, unless required by law 3. Any order not being returned by the original purchasing customer, including gifted, sold, or transferred items
Orders Qualifying for Returns: 1. Any merchant who has implemented new restrictions not approved by CityDeals 2. When shipment is incorrect and does not match the invoice 3. Instances when merchant is no longer conducting business 4. Merchant has refused item for any reason 5. Any order by original customer qualifies for a return when meeting the Qualifications for Returns, as per above
Expired Gift-cards and Vouchers: Expiration of the full value of the product, or promotional value, is indicated on the gift-card, voucher, or gift certificate. CityDeals is never able to provide a refund on the issued value of the product. Neither merchant, nor Citydeals, is able to provide full value for any product post-expiration.
Merchant is responsible for issuing full value up to and including the date of expiration. CityDeals will be happy to credit or refund the original PURCHASE price to the purchasing customer at any time.
If the customer redeems the certificate for less than the total face value, he/she will not be entitled to receive any credit or cash for the difference between the face value and the amount of value for which it was redeemed, unless otherwise required by applicable law. The customer will only be entitled to the redemption value equal to the amount paid for the certificate, less the amount actually redeemed.
Returns Form: Please download and provide requested data using our Returns Form.
If you are unable to download the Returns Form for any reason, please contact customer service to have a form emailed to you directly:customerservice@citydeals.com
Our hours of operation are Monday thru Friday from 9am to 5pm Mountain Standard Time.
Feedback Request: We look forward to hearing from our customers to improve our services. Please feel free to send any feedback directly to our Executive Team: execs@citydeals.com
State Limitations All purchases of certificates for may have statutory limitations on the amount of the certificate value that can be redeemed for alcoholic beverages. For example, for customers purchasing certificates for Restaurants in Ohio, the redemption of the certificate may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming certificates at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Certificate can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Certificate. As another example, in New York sellers of alcohol (restaurants included) cannot offer 'unlimited number of drinks' during specified times (NY. ABC. LAW ¶117-a) nor can promoters sell discounts of alcohol that would promote intoxication adverse to the public interests. Compliance with state statutes or codes (for example, the Ohio Revised Code & NY ABC laws) is the responsibility of the Merchant. CityDeal's sole role in the transaction is as a marketing agent for the Merchant certificate and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and CityDeals has no role in such determination or action on the part of the Merchant.
Expiration Dates Unless prohibited by applicable law the following expiration dates apply. Discount certificates expire on the date listed on the certificate itself. According to applicable law, the Merchant may be responsible for allowing you to redeem your certificate for the cash value based on the money you actually paid for your certificate (i.e. if you paid $15 for a certificate which gives you $30 of value to the Merchant, the cash value that you paid is $15, not $30), for a period of time that extends beyond the expiration date on the certificate. While the expiration date on the certificate dictates the last date that you can use your certificate at Merchant for the promotional value stated on the certificate, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your certificate for a period of time beyond the expiration date stated on the certificate. In other words, you should be allowed to redeem the cash value (or purchase price) of your certificate up until the greater of: (1) the certificate's expiration date; or (2) the minimum length of time allowed by applicable law for a certificate to expire (pursuant to 15 U.S.C. §1693 et. seq. gift cards generally must be valid for at least five years and some states may have extended expiry limitations beyond that, or an outright prohibition on expiration dates depending on the state you purchased the promotion offer). In the event that you have an expired certificate and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired certificate, and if applicable law entitles you to such redemption, then please contact CityDeals and explain your situation in writing and CityDeals will refund the purchase price of the certificate in U.S. Dollars. Partial Redemptions: If you redeem the certificate for less than its face value, you only will be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the merchant if applicable law requires it. If you redeem this certificate for less than the total face value, you will not be entitled to receive any credit or cash for the difference between the face value and the amount you redeemed, (unless otherwise required by applicable law). You will only be entitled to a redemption value equal to the amount you paid for the certificate less the amount actually redeemed. Redemption Value: If not redeemed by the discount certificate expiration date, the certificate will continue to have a redemption value equal to the amount you paid at the named merchant for the period specified by applicable law. The redemption value will be reduced by the amount of purchases made. If certificate has expired the merchant will in its discretion: (1) allow you to redeem the certificate(s) for the product or service specified on the certificate or (2) allow you to redeem the certificate to purchase other goods or services from the merchant for up to the amount you paid for the certificate. The certificate(s) you purchase can only be used for making purchases of goods/services at the named merchant. Merchant is solely responsible for certificate redemption. Certificates cannot be redeemed for cash or applied as payment to any account unless required by applicable law. Neither CityDeals Marketing, nor the named merchant shall be responsible for certificates that are lost or damaged.
Disclaimer of Warranties. This web site and all of its services are only intended to provide data and information that may be of interest to its authorized users. The contents are provided to you as a service and only on an "as-is" and "as-available" basis. CityDeals will not be responsible for any errors or omissions in the contents, nor for any loss or damage arising from your reliance on any contents or a linked site. CityDeals makes no claims, warranties or representation, with regard to the reliability, accuracy, truth, timeliness, usefulness, or completeness, of the contents. The contents are comprised solely of general information and are not customized to your personal situation. CityDeals does not offer legal, accounting or financial advice or guidance.
YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THIS WEB SITE, ITS PRODUCTS AND FUNCTIONS. ALL CONTENTS AND MATERIALS ARE PROVIDED "AS IS," AND ARE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE; FREEDOM FROM VIRUSES, BUGS, ERRORS, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES; AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. CITYDEALS, ITS AFFILIATES, AND REDISTRIBUTORS OF CITYDEALS SUPPLIED DATA AND TOOLS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE CORRECT, OR SUITABLE FOR ANY PURPOSE; THAT THIS WEB SITE OR ANY FUNCTION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY DISTRIBUTED MATERIALS ARE SUITABLE TO BE USED FOR ANY PURPOSE. AT THE SAME TIME CAUTION IS GIVEN THAT LOCAL AND FEDERAL LAWS LIMIT THE MANNER IN WHICH SOME PRODUCTS CAN BE USED, AND IT IS THE REPONSIBILITY OF THE USER TO CHECK THE APPROPRIATENESS AND LEGALITY OF THE SERVICE(S) CITYDEALS PROVIDES, INCLUDING ALL PRODUCTS AND FEATURES, WITH THE APPROPRIATE GOVERNING AND LEGAL BODIES IN THEIR JURISDICTION. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
Limitation of Liability. CITYDEALS AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THIS WEB SITE OR FEATURE, OR TO ACCESS THE CONTENTS OR ANY LINKED SITE, EVEN IF CITYDEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Law and Forum for Disputes. Any and all disputes arising out of or relating to this Agreement, or the breach thereof shall be resolved by arbitration conducted in accordance with the Commercial Arbitration Rules of the AAA, applying Utah Law, and such arbitration shall take place in Salt Lake City, Utah. The arbitration tribunal shall consist of a single arbitrator mutually agreed upon by the parties, or in the absence of such agreement, within thirty (30) calendar days from the first referral of the dispute to the AAA, designated by the AAA. The arbitral award shall be final and binding. The parties agree to share equally the fees and expenses of any arbitrator, and any administrative charges and expenses. By entering into this Agreement the Parties mutually consent to submit to the jurisdiction of Utah courts and that no challenge to jurisdiction in Utah, either by court decree or binding arbitration, can later be challenged by the Parties. Nothing in this Section shall limit the rights of one party in seeking injunctive relief from a court of competent jurisdiction within the State of Utah or in the state, or jurisdiction, where injunctive relief is necessary.
No Waiver, Severability. We reserve the right to change any of the terms pertaining to the use of the CityDeals website and any of its functions, at any time without notice. These conditions set forth constitute the entire agreement between you and CityDeals.com relating to your use of this website. No action of CityDeals.com, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect.
Termination. CityDeals.com reserves the right, in its sole discretion, to terminate your access to all or part of this website, service, or any part thereof, at any time and for any reason, with or without notice.
Ownership. CityDeals.com is owned and operated by CityDeals Marketing. All elements pertaining to this website, including the logo, text, reviews, offers, design elements, photographs and illustrations are the property of CityDeals.com and its content providers, and cannot be used without the express written consent of CityDeals.com.
Trademark. "CityDeals.com" and the CityDeals logo are registered trademarks of CityDeals Marketing.
Contact Information. If you have questions or comments, please email us 24-hours a day or call us toll free M-F 9 am-5 pm MST at 1-800-970-8824 (Note: We are currently in the process of changing office locations and are awaiting phone connectivity. Your request is important to us and we are anxious to assist you. Please send us an email at customerservice@citydeals.com and we will get back to you during our normal business hours of Monday-Friday from 9 am to 5 pm.).
These Terms and Conditions govern voluntary participation in the CityDeals Share Code Program [Program]. The details of the Program are set forth herein and will be binding for both parties for the duration of this Program.
This Program is offered to individuals [Participants] working to earn incentives by successfully executing promotional activities as directed by CityDeals Marketing (Company).
The Program allows Participant(s) to earn incentives which may be redeemed for merchandise sold on the Website. Incentives are termed CityDeals Rewards [Rewards] and are distributed periodically as credit to the Participant's CityDeals customer account.
All individuals obtaining a registered CityDeals account are pre-enrolled in the CityDeals Share Code Program, as per the Website Terms of Use. No further action is necessary to begin sharing unique Share Codes and receiving Rewards for qualified purchases.
Users are eligible to register for a customer account on Citydeals.com. Once registered, a user becomes a Participant simply by sharing unique Share Codes delivered daily via email promotions.
Share Code Notifications will arrive within a Participant's daily email promotional message. Action is not required by the registered recipient to begin sharing Codes.
Participants shall receive Rewards value distributed as credit within registered CityDeals accounts valid toward future purchases conducted by Participant on Company Website.
Reward values will be established by CityDeals at its sole discretion based upon promotions designed to generate interest in the product offerings of our merchants and partners. Values may increase or decrease as per the Terms of Use included in email communication regarding CityDeals Share Code Notifications [Notifications].
Other than receiving Rewards for Qualified Purchases, Participant shall not have claim to any compensation or payment from the Company. CityDeals Rewards have no cash value and are only valid when used toward a transaction on the Website.
Rewards will be distributed to Participant accounts based upon the terms of Share Code Notification emails.
Disbursements will not be delivered earlier than as indicated within Share Code Notifications. No action is required by Participants for credits to be updated to their user accounts if Participant is a registered user.
Purchases made by customers redeeming the unique Share Code as provided per the Share Code Notification are the only purchases which qualify for Reward credits.
Share Codes are used by CityDeals to identify and validate transactions resulting from Participant distributing Codes to individuals. No Rewards will be granted for any traffic, purchase, or user error resulting in Codes not being recorded within Company system.
Rewards credits will be distributed NET of customer returns. Returns are transactions resulting in a reversal of any amount of the original transaction value, whether reversal is initiated by the purchasing customer, or by the Company. Returned purchases will result in a reversal of the Reward credits of the original transaction.
Reward Expiration All Reward values expire a maximum of one year from date of distribution. Expiration of values will be indicated within the Share Code Notifications.
Terms of Service Participant agrees to not participate in any fraudulent, unethical, deceptive, or improper activities to promote its assigned Codes.
Qualified Addressees Orders originating from within the same household as the Participant do not qualify as valid purchases within the Program. Friends and Family purchases do qualify when meeting the residence qualification. Same address transactions will be purged from the Program as unqualified transactions.
Share Code Notifications will be delivered via email and include a unique code to the individual, as well as the Terms and Conditions of the unique code value. Participants are bound by this master Program, as well as the individual Share Code Notification Terms and Conditions. Participant may post any number of links to the Website; however, the Participant will only receive Rewards for qualified purchases.
From time to time, CityDeals may forward promotional icons, links, and other creative for use by Participants. Any creative emailed or provided to the Participant by the Company will be considered approved materials for use by Participants for approved promotional activities. Participant may not change these special promotional offers, terms, or inflate the given discount, or, in any case, overstate the discounts of a product or promotion. Participant shall not take or attempt to take credit for any sale that did not occur with a Share Code. Moreover, practices such as cookie stuffing are strictly and completely prohibited. Any Participant found using these practices will be immediately and FOREVER disbanded from the Program.
Participant shall follow the guidelines and legal stipulations of the CAN-SPAM Act. If CityDeals decides Participant is not in compliance, Company may immediately terminate and withhold any Reward the Company feels may have been derived from Participant solicitations involving violations of the CAN-SPAM Act.
Participant shall not use the Website URL, a registered Company trademark, or an unregistered Company trademark for any subdomain of a website. Additionally, Participant shall not use a registered or unregistered Company trademark in the URL of the Participant website unless the trademark follows the top level domain. Examples include http://www.Participantwebsite.com/citydeals or www.Participantwebsite.com/citydeals-coupons.
Participant shall not make a look-a-like of the Company Website or do anything to confuse customers regarding the relationship with Company. This includes framing the website. Participant shall not use any fat-finger or typo-squatting domain name that redirects traffic to Participant's website or the Company Website. A fat-finger or typo-squatter domain name is domain name that includes a misspelling of any registered or unregistered Company Trademark terms. Examples include, but are not limited to: www.citydeal.com, www.vitydeals.com, or www.citudeals.com.
If Participant employs Search Advertising, Participant shall not bid on any Company registered or unregistered keywords on ANY PPC campaign. Participant shall negative match all Company registered and unregistered trademarks and ANY DEVIATIONS of the registered and unregistered trademarks, including, BUT NOT LIMITED TO: CityDeals, CityDeals.com, www.CityDeals.com, etc
Participant or Company may terminate enrollment of Participant at any time and for any reason. Company may attempt to communicate with Participant before executing termination. If the reason for termination is curable, the Company may give the Participant twenty four (24) hours after the first termination communication to cure offense. Termination will not release the Participant from any legal action or consequences in matters that affect the Company.
Acceptance and sustained good standing of Participants within the Program is at the sole discretion of CityDeals. Any abuse of the Terms and Conditions, perceived or otherwise, may result in suspension or termination of Participant account. Likewise, Company reserves the right to reverse any Rewards if, at the Company's sole discretion, purchases executed by users appear fraudulent or unqualified, or if Company finds it has incorrectly credited the Participant. Termination for violation of the Terms and Conditions may result in forfeiture of remaining Rewards balance.
Participation within the Program does not constitute employment, a broker relationship, or an agency relationship, nor does Participation create any franchise, partnership, joint venture, or sales representative relationship between the Company and Participant.
Participant may not assign or transfer credit or value gained from participation in Program, including but not limited to sale, trade, barter, or any other transaction designed to transfer value to a third-party.
Participant shall defend, indemnify and hold Company harmless against all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys' fees, costs related to in-house counsel time, third-party counsel time, court costs, witness fees, etc. attributable to or related to the Participant's breach of this Agreement, Participant's violation of applicable law, rule, regulation or order; Participant's technology, methodology, information, advertisements, or service provided or supplied pursuant to this Agreement; (iv) Participant's violation of a third party's intellectual property (including, but not limited to patent, trademark, copyright and trade secret).
Technology failures and/or maintenance may cause the Company Website(s) to be unavailable from time to time. Company shall not be liable for any failure of its technology. Any technology failures resulting in failed transactions by users attempting to use Codes will not be credited to Participant accounts. Company does not offer any compensation for Participants providing traffic or referral purchases to Company Websites during technology failures. Customer support will be provided as best possible to complete transactions in line with standard Company practices.
COMPANY SHALL NOT BE LIABLE TO PARTICIPANT FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE OR PROFITS. THIS LIMITATION SHALL REMAIN IRRESPECTIVE OF WHETHER SUCH ACTION IS BASED IN CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY. ADDITIONALLY, THIS LIMITATION SHALL REMAIN WHETHER OR NOT THE COMPANY KNEW OF THE POSSIBILITY OF SUCH DAMAGE. NOTHWITHSTANDING ANYTHING TO THE CONTRARY, THE MAXIMUM LIABILITY COMPANY SHALL HAVE TO PARTICIPANT SHALL BE THE TOTAL AMOUNT CREDITED TO PARTICIPANT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE ARISE OF THE CLAIM.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AS TO THE QUALITY, PERFORMANCE, RESULTS, INFORMATION, SERVICES AND TECHNOLOGY IN ANY WAY RELATED TO THIS AGREEMENT.
Participant agrees that any dispute arising from this Agreement will be governed by the laws of the State of Utah. Additionally, any and all actions relating to this Agreement must be filed and resolved in state or federal court in Salt Lake County, Utah. Both parties hereby consent to the personal jurisdiction and venue of such courts.
Participant understands and agrees that Company may, at any time and at its sole discretion, solicit customer referrals or sales from third-parties on terms that may differ from those within this Agreement. Additionally, Company may link to other websites that compete with Participant websites (including sites that do not participate in the Program).
Severability The provisions of this Agreement are severable. If any provision of this Agreement shall be deemed invalid the other provisions of this Agreement will still be enforceable.
Gift Cards
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Share Code
