Terms and Conditions :: DealStork.com

DEALSTORK.COM

WEBSITE TERMS AND CONDITIONS

These Website Terms and Conditions (these “Terms”) are entered into by and between you and DealStork.com, a Minnesota corporation (the “Company” “we” or “us”). Your use of the website www.DealStork.com (the “Website”) is subject to and governed by these Terms, which incorporate the separately posted Privacy Policy (as amended), as well as any modifications to these Terms issued by us, and all applicable laws and regulations other than as specifically provided in any separate formal agreement between you and us. These Terms may NOT be altered, supplemented, or amended by you through the use of any other document. Any attempt to alter, supplement, or amend these Terms, unless otherwise agreed to in a written agreement signed by both you and the Company, is prohibited.

BY USING THE WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE WEBSITE. Please read these Terms and the Privacy Policy so that you understand our policies. If you do not agree with these Terms or the Privacy Policy, please do not use this Website.

The Company shall have the legal right at any time, without prior notice, and at our sole discretion, to revise these Terms or impose new terms and conditions with respect to access to or use of the Website. Such revisions and additions will be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised and additional terms and conditions on the Website. You should review these Terms periodically for any modifications or revisions. Continued use of the Website after we post changes to these Terms constitutes your acceptance of the changes.

Use by Adults Only

You must be at least 18 years old to use this Website. Pursuant to the terms of the Children’s Online Privacy Protection Act, Company does not knowingly collect any personal information from children under 13. If you believe Company has obtained any information from a child under 13 please contact us and the Company will take appropriate action.

ELECTRONIC COMMUNICATIONS
As a condition of purchase, DealStork requires your permission to forward you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and offers. You can choose not to receive our promotional emails anytime by clicking the unsubscribe link within any of our email correspondences. Please see our Privacy Policy for details.

Termination of Use

We may occasionally find it necessary to restrict the rights of some or all users to access the Website, either temporarily or indefinitely. We reserve the right to limit or revoke your access to the Website in our sole discretion, at any time, and for any reason, including, but not limited to tampering with the Website, misrepresenting your identity or otherwise conducting fraudulent activity on the Website, any violation of these Terms, or in the event of Website corruption or other technical difficulties. In the unlikely event that we must limit your access to the Website, we assume no responsibility or liability for any losses, damages or other consequences of any kind resulting from your inability to access the Website.

Disclaimers and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. DEALSTORK.COM AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS WEBSITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS WEBSITE. ALL INFORMATION AND USE OF THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
DEALSTORK.COM AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS WEBSITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS WEBSITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS WEBSITE OR INFORMATION PROVIDED BY THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO OR FROM THE WEBSITE. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

THE VOUCHER YOU PURCHASE IS REDEEMABLE WITH THE MERCHANT OF THE GOODS OR SERVICES BEING PURCHASED IN THE VOUCHER. THE MERCHANT, NOT DEALSTORK, IS THE SELLER OF THE GOODS AND SERVICES. DEALSTORK SELLS A VOUCHER THAT SHALL BE REDEEMED WITH THE MERCHANT.?
YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. ACCORDINGLY, WE WILL NOT BE LIABLE FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.

WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING VIRUSES ALLEGEDLY OBTAINED THROUGH THE WEBSITE, YOUR USE OF OR RELIANCE UPON THE WEBSITE, OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
DEALSTORK IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MICROWEBSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY DEALSTORK. MOREOVER, DEALSTORK RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, DEALSTORK, DEEMS UNSUITABLE.

Indemnification

You agree to indemnify, defend and hold the Company, its directors, officers, shareholders, employees, representatives and assigns (collectively, "Affiliates") harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against the Company or its Affiliates alleging or arising from or related to your use of the Website or any breach of these Terms and Conditions by you. This paragraph survives expiration or termination of your membership or these Terms and Conditions.

Proprietary Rights

All content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) is protected by and subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Company, one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and the Company owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

You may not use material displayed on the Website for any commercial purposes without the written permission of one of our authorized representatives. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

The Company logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by the Company and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act

It is our policy to respond to and investigate notices of alleged copyright infringement by third parties and take appropriate action under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our DMCA Agent at the contact information below. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Website, please notify us by contacting our DMCA Agent at the contact information below. Effective notifications under the DMCA must be in writing and include the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s designated DMCA Agent can be contacted as follows:

By E-mail: support@DealStork.com

User Submissions and Content

Please choose carefully the information you post on the Website and that you provide to other users. You are responsible for the content of your communications, and the consequences of any such communications. By submitting content, including your member name, to any area of the Website, you grant the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any user to access, display, view, store and reproduce such content for personal use.

Any Website Content, including Submissions, uploaded, published, displayed, transmitted, posted or submitted on or to this Website by a user ("User Content") will be subject to these Terms and Conditions. With respect to any User Content generated by you on or through this Website, you represent and warrant that: (i) you own or otherwise have the right to grant the license set forth below in this section with respect to such User Content, (ii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, and (iii) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Website. If a third party claims that the posting or submission of any User Content by you is unlawful, you will bear the burden of establishing that it is lawful.

You are prohibited from providing on the Website any nudity, obscenity, lewdness, excessively violent, unreasonably offensive, harassing, sexually explicit or otherwise objectionable or illegal subject matter, or content that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, including intellectual property law, or encourage the use of controlled substances (collectively, the “Prohibited Content”). This list of Prohibited Content is not intended to be all-inclusive and the Company reserves the right to, in its sole discretion, determine what may be considered Prohibited Content. Despite this prohibition, if information provided by other Website users contains Prohibited Content, the Company assumes no responsibility or liability for such Prohibited Content. Such actions shall constitute a material breach of this Agreement and shall permit the Company to revoke your user privileges and/or delete any postings or other content submissions that violate the above terms and the Company shall cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators. If you become aware of misuse of the Services by any person, contact the company at support@DealStork.com.

Third Party Websites

As a convenience to you, the Company may provide links on the Website to websites operated by other entities. If you use these websites, you will leave the Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company or the Website sponsor(s), endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries.

You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. DealStork shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other websites, information, promotions, products, or services; viruses or other computer problems resulting from use of such websites; or any liabilities resulting from the terms and conditions of other websites. DealStork does not guarantee any content on such websites or anything offered by third parties, including but not limited to prices, promotions, products, or services. You are knowingly and voluntarily assuming all risks of using such websites to purchase goods and services and of using the "vouchers" and specials listed on this Website. You agree that DealStork and its licensors and advertisers shall have no liability whatsoever from such third party websites and your usage of them. If you have any complaint with such websites, contact that website directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.

Security

The Website may only be used for personal and lawful purposes. Activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Website for unintended purposes or trying to change the behavior of the Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) forging communications on behalf of the Website (impersonating the Website) or to the Website (impersonating a legitimate user); (g) accessing, navigating or searching the Website through the use of any automated or electronic devices, including but not limited to browsers, spiders, robots, avatars or intelligent agents, or any other similar technology either now know or hereafter developed, other than search agents provided by the Company or generally publicly available Internet browsers; (h) soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any Website content or data to any third party, through any process, including but not limited to screen scraping, spiders, web “bots” or other device, technology, software or system now known or hereafter discovered; or (i) sending unsolicited and unauthorized e-mail on behalf of the Company, including promotions and/or advertising of products or services.

Geographic Scope

The Company Website is operated by Village Ventures Ltd., from its offices in Minnesota, U.S.A. The Company welcomes visitors from around the world, however Company makes no representation or warranty that the contents of the Website are appropriate or permitted by the laws and regulations of countries other than the U.S.A. If you choose to access the Website from other countries you do so at your own risk, and are responsible for compliance with applicable local laws. Please note that the Company does not conduct business (sales or shipping) beyond the borders of the U.S.A.

Governing Law and Arbitration

These Terms shall be governed by the laws of the State of Minnesota without regard to its conflicts of law provisions. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota and of the United States of America located in the State of Minnesota for any litigation arising out of or relating to the Website or these Terms, waive any objection to the laying of venue of any such litigation in such court, and agree not to plead or claim in any such court that such litigation has been brought in any inconvenient forum. All claims and controversies arising from or relating to these Terms shall be conclusively resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. All questions as to the meaning of these Terms or as to the arbitrability of any dispute under these Terms shall be resolved by the arbitrators and their decision shall be final and binding and not subject to judicial review. All arbitration proceedings shall be conducted in Hennepin County, Minnesota. Costs of such arbitration proceedings shall be evenly split between the Company on the one hand, and the party or parties adverse to the Company on the other hand.

Effective as of November 10, 2009.

TERMS OF SALE

Terms and Conditions for Restaurant Vouchers

Vouchers can only be used once, unless otherwise specified in the voucher.
Use of Restaurant Vouchers for alcoholic beverages is at the sole discretion of the restaurant, unless otherwise specified in the voucher. Restaurant agrees to comply with all state laws pertaining to the same.
It is at the discretion of the restaurant to allow the use of DealStork vouchers with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified in the voucher.
Restaurant Vouchers cannot be used for taxes, tips or prior balances, unless otherwise specified in the voucher.
Valid for dine in only unless otherwise specified in the voucher.
No monetary value for any restaurant voucher.
No money back upon redemption of the voucher.
Neither the seller nor the restaurant is responsible for lost or stolen vouchers or restaurant vouchers reference numbers.
Reproduction, sale or trade of this Restaurant Voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with these terms & conditions will render the Restaurant Voucher null and void.
Void to the extent prohibited by law.
Expire on the date specified on the DealStork voucher, except where otherwise prohibited by law.
Other restrictions may be specified within the voucher.

Terms and Conditions for Other Merchant Vouchers

Merchant Certificate may not be applied to shipping or handling charges, unless otherwise specified in the voucher.
Limit one (1) voucher per redemption. Only one voucher can be used per order unless otherwise specified in the voucher.
No monetary value for any Merchant voucher.
No money back upon redemption of the voucher.
Neither the seller nor the merchant is responsible for lost or stolen vouchers or vouchers reference numbers.
It is at the discretion of the merchant to allow the use of DealStork vouchers with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified in the voucher.
Reproduction, sale or trade of this voucher is prohibited unless done so in compliance with the law.
Any attempted redemption not consistent with these terms and conditions will render the voucher null and void.
Void to the extent prohibited by law.
Expires on the date specified on the DealStork voucher, except where otherwise prohibited by law.
Other restrictions may be specified within the voucher.