Welcome to Oodles of Savings. The Oodles of Savings website (the "Site") is owned and operated by Oodles of Savings, LLC ("Oodles of Savings" or "We"). Oodles of Savings makes no representation that the Site, services or content available through it are appropriate or available for use at locations outside the United States, and access to the Site from territories where the Site or content are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. By accessing the Site and registering to receive Daily Deal emails or SMS messages ("Daily Deals") from Oodles of Savings, you represent that you are of legal age to form a binding contract.
1) ACCEPTANCE OF TERMS
The following are terms of a legal agreement (the “Agreement”) between you (“you” or “Subscriber”) and Oodles of Savings. By accessing the Site and/or registering for Daily Deals, you acknowledge that you have read and understood, and agree to be bound by this Agreement, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, do not access the site or subscribe to Daily Deals. The material provided on the Site is protected by law, including, but not limited to, United States copyright law and international treaties. If you breach any of these terms and conditions, your authorization to use the Site and your Daily Deals subscription automatically terminate and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site. A breach of this Agreement may subject you to civil and criminal liability, including monetary damages.
2) Eligibility & SUBSCRIBER Accounts
In order to subscribe to Daily Deals and purchase Vouchers, you must be of legal age to form a binding contract. While you may not be required to subscribe to Daily Deals in order to participate in certain contests, sweepstakes and/or special events, you must meet the designated minimum age requirements (for example, eighteen years of age or older) for the specific event. We will establish specific rules and terms for participation in each contest, sweepstake and/or special event and will post that information on the Site.
b) How to Subscribe
In order to subscribe to Daily Deals, you must provide your email address and city. You agree that the information you provide will be accurate and complete and that you will inform us of any changes or update your profile accordingly.
c) Daily Deals Account: User Name and Password.
In order to purchase a Daily Deal, you must create a Daily Deals Account, including a user name and password. You must keep your user name and password confidential and not share or transfer your use of or access to the Site with or to any third parties. You will be responsible for all activity that occurs under your password, including any damages resulting from the unauthorized use of your password. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information at oodlesavings.com/customer/my-account, and immediately notify our customer service department by email at email@example.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
We may terminate your subscription and Daily Deals Account, and/or prohibit you from using or accessing the Site or purchasing Daily Deal Vouchers for any reason, or no reason, at any time in our sole discretion, with or without notice, including if We believe that you are under 18. If any information you provide is false, inaccurate, not current, or incomplete, We reserve the right to terminate your subscription and Daily Deals Account. Please note that We may refuse to grant you a user name if We believe that it impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, or is vulgar, offensive, or might cause confusion.
3) YOUR INFORMATION
The Information that you provide when you subscribe to Daily Deals or purchase a Daily Deal Voucher, other than your credit card information, may be disclosed by us to the Merchant or Restaurant for their commercial purposes, including to redeem the purchased Voucher. Other information, such as credit card information provided in connection with the purchase of a Daily Deal, is maintained with appropriate privacy and security protections.
While Oodles of Savings may provide you with an opportunity to provide comments or ask questions regarding Content posted on the Site, we do not want nor do we solicit confidential or proprietary information from you, except as set forth above. Any unsolicited information you provide shall be deemed non-proprietary and non-confidential and Oodles of Savings shall have no obligation to protect such information from further disclosure or distribution. By providing us with such information, you are granting us an unrestricted and irrevocable right to reproduce, use, publish, broadcast, disclose, display, perform, modify, transmit, distribute or otherwise use and exploit the information without restriction and without compensation.
4) ELECTRONIC COMMUNICATIONS
a) Mobile Devices
By subscribing to Daily Deals you consent to receive electronic communications from Oodles of Savings in electronic form, via email, Short Message Service (“SMS Service”) or wireless internet (“WAP Service”). If the email address you provide to us is a wireless email address, you agree to receive messages delivered via the Site at that address and understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. You may opt out of receiving these messages at any time by notifying us at firstname.lastname@example.org or you can click the “Opt-out” link on the bottom of the email. Only United States residents may use the SMS or WAP Service.
b) Data Security
SMS or WAP Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS or WAP Services will be private or secure, and will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS or WAP Service. You acknowledge and agree that We may access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
5) DAILY DEALS
When you purchase a Daily Deal Voucher through Oodles of Savings, you are purchasing discounted goods or services from the participating Merchant at the price and of the value specified by the Merchant in the Daily Deals Message. As issuer of the Voucher, the Merchant shall be solely responsible for the redemption of the Voucher in exchange for the goods and services stated therein and for the quality of such goods and services. The issuing Merchant shall be solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.
b) How to Purchase.
In order to purchase Daily Deal Vouchers, you must create a Daily Deals Account pursuant to Section 2 hereof and have a valid credit card. Daily Deal Vouchers entitle you to receive the specified goods or services from the issuing Merchant. Be sure to read the Daily Deal message carefully before purchasing the Voucher as it may contain additional terms and conditions that apply to that Daily Deal. Once you’ve purchased your Voucher, you will receive an email confirmation including instructions on downloading and printing your Voucher, and your credit card will be charged for the amount of the Voucher.
c) Refund Policy.
Please log into your account and go to the contact us page. Then send your email request from there.
d) Expiration Dates.
The expiration date for a Voucher is as printed on the Voucher; provided, however that the expiration date shall apply to the promotional value of the Voucher only. Except as otherwise provided under applicable law, the Merchant shall redeem the Voucher for the purchase price of the voucher for a period of five (5) years following the expiration date of the Voucher. If the Merchant refuses to honor the Voucher pursuant to the foregoing, Oodles of Savings will refund the purchase price of the Voucher provided that you provide the following in writing by visiting our contact us page or to 5259 Coconut Creek Parkway Margate FL 33063 (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.
e) General Terms
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers, whether issued by a Merchant or Restaurant:
- Merchants and Restaurants shall not be required to provide cash back or credit for the partial redemption of a promotional offer, except as required by law.
- The use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant or Restaurant and may be limited by applicable law. Compliance with state statutes or codes is the responsibility of the Restaurant or Merchant.
- Limit one Voucher per redemption. Vouchers cannot be combined with any other coupons, gift certificates or promotions unless otherwise noted in the Voucher or permitted by the Merchant or Restaurant.
- Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
- Neither Oodles of Savings nor the Merchant or Restaurant are responsible for lost or stolen Vouchers or Voucher reference numbers.
- Duplication, sale or trade of a Voucher is prohibited, except as required by law.
- Unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant or Restaurant at the time you redeem the Voucher.
- Any attempt by Subscriber to obtain more than the permitted number of Vouchers by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void the Vouchers purchased by said Subscriber.
6) Acceptable Use Policy
a) You agree to comply with all applicable laws, rules and regulations and agree not to engage in unacceptable use of the Site. You shall not post, transmit, e-mail, re-transmit or store material on or through the Site that, in the sole judgment of Oodles of Savings: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. By way of example, and not limitation, you are expressly prohibited from using the Site to:
- upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Prohibited Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are expressly prohibited, including providing links to pornographic content elsewhere;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with the Site, a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Prohibited Content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- restrict or inhibit other users from visiting the Site, including without limitation, by means of “hacking” or defacing any portion of the Site;
- collect, harvest, mine or obtain by any other manner information about others, including but not limited to, phone numbers, email addresses, and other personal information;
- "stalk" or otherwise harass another;
- impersonate any person or entity, including any employee or representative of Oodles of Savings;
- use the Site to engage in any illegal activity or for any purpose not reasonably intended by Oodles of Savings, such as defrauding retailers;
- effect security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
You further agree not to (i) interfere with or disrupt any other user’s quiet enjoyment of the Site; or (ii) interfere with or disrupt or attempt to interfere with or disrupt the security of the Site or otherwise cause harm to the Site.
b) Limited Access
Any access or attempt to access other areas of Oodles of Savings' computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the Content. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or that tampers with copyright protection measures applicable to the Content. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Oodles of Savings' infrastructure. Except as otherwise set forth herein, no license is granted to the technology and the software underlying the Site, and copying, distributing, reverse engineering, modifying or decompiling the technology and the software is expressly prohibited.
7) INTELLECTUAL PROPERTY RIGHTS
All content on the Site including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Content"), is the property of Oodles of Savings or its original creator and is protected by international copyright, trademark, patent and/or other intellectual property laws. Except as expressly provided for in this Agreement, Oodles of Savings and/or its licensors retain any and all right, title and interest in and to the Content. Permission is granted to display, copy, distribute, and download the Content for personal, noncommercial use only, provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. You may not copy, modify, translate, publish, perform, broadcast, transmit, distribute, display, prepare derivative works of, sell or otherwise exploit the Content for public or commercial purposes without our prior written consent and that of our licensors or suppliers if required. You may not “mirror” any Content on any other server without our prior written permission. Any unauthorized use of the Content will terminate the license granted herein and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and could subject you to civil and criminal penalties.
Oodles of Savings, and the Oodles of Savings logo are trademarks, tradenames or service marks of oodlesavings.com, LLC or its related companies. All other trademarks and service marks are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of Oodles of Savings or the owner of such trademark or service mark.
Any rights granted to you by Oodles of Savings or its licensors to the Content will not apply to the design, layout or look and feel of the Site or the Content. Each of the foregoing is protected by trademark, trade dress, copyright, unfair competition and other laws and may not be copied or imitated in whole or in part.
You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry page of the Site and does not portray Oodles of Savings, the participating Merchants or Restaurants or any products or services featured on the Site in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Oodles of Savings' express written consent. Links to third party sites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. Oodles of Savings does not control and is not responsible for such sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Oodles of Savings does not endorse or make any representations about third party sites or any information, products, or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Oodles of Savings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
9) DISCLAIMER OF WARRANTIES
a) The Site, including all software, functions, Content, and information, is provided “as is” without warranties of any kind, either express or implied. Oodles of Savings disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, system integration, and informational content. Oodles of Savings does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability thereof, or the results of the use of the Content, on this Site or any other sites linked to this Site. The Content may be out of date, and Oodles of Savings makes no commitment to update the Content. Oodles of Savings does not and cannot guarantee or warrant that files downloaded from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Oodles of Savings does not warrant that this Site, software, Content, or Services will be uninterrupted or error-free or that any defects in this Site, software, Content or Services can or will be corrected.
10) LIMITATION OF LIABILITY
a) In no event will Oodles of Savings its directors, employees or agents or other third parties be liable for any damages, including, without limitation direct, indirect, special, incidental, punitive or consequential damages, including damages resulting from lost profits, lost data or business interruption arising out of, relating to, or resulting from the use or inability to use the Site, any Web sites linked to the Site, the Content, or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Content or information from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OODLES OF SAVINGS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Oodles of Savings DURING THE TERM OF YOUR subscription, BUT IN NO CASE WILL Oodles of Savings’ LIABILITY TO YOU EXCEED $1000.
b) Oodles of Savings is not responsible or liable in any manner for any Content posted on the Site by third parties. Oodles of Savings reserves the right to change any and all Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Oodles of Savings. Oodles of Savings is not responsible for the conduct, whether online or offline, of participating Merchants or Restaurants or any user of the Site.
Oodles of Savings makes reasonable efforts to ensure that the Site is available 24 hours a day 7 days a week. You agree that from time to time the Site or portions thereof may be inoperable or inaccessible for any reason, including, without limitation, (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Oodles of Savings may undertake from time to time; or (iii) causes beyond the control of Oodles of Savings or which are not reasonably foreseeable by Oodles of Savings. Some Content on the Site may have been created in file formats which are not error-free and Oodles of Savings does not guarantee that the Site will not be affected by such errors. You are responsible for all costs and charges that you may incur in order to access and use the Site and the Content.
12) COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Oodles of Savings will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s)claimed to have been infringed, including copyright date;
- identification of the Content that you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
Oodles of Savings' designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement ClaimsOodles of Savings, LLC
5259 Coconut Creek Parkway
Margate FL 33063
You agree to indemnify, defend and hold Oodles of Savings, its licensors and affiliates and their respective assigns, harmless from any loss, liability, damages or claim, including reasonable attorneys’ fees and costs, that arise directly or indirectly from (i) your activities in connection with the Site, (ii) a breach of this Agreement, including, but not limited to, any violation of the acceptable use policy, or (iii) any allegation that any information that you provide via the Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party. You also agree to reimburse on demand any and all indemnified parties for any losses incurred by such indemnified parties to which this indemnification provision relates. Subscriber is solely responsible for interactions with Merchants and other users of the Site. To the extent permitted under applicable law, Subscriber hereby releases Oodles of Savings from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user. Subscriber hereby waives 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.”
14) APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Oodles of Savings' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Oodles of Savings in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Oodles of Savings. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws provisions. You irrevocably and unconditionally consent to submit all disputes arising under this Agreement to arbitration in Ft. Lauderdale, Florida, before a sole impartial arbitrator. The arbitration shall be administered by the AAA pursuant to its Commercial Rules and the arbitrator shall be selected pursuant to the rules and procedures of the AAA. The decision of the arbitrator shall be final and non-appealable. Judgment on the award may be entered in any court having competent jurisdiction.
We may change or discontinue the Site 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 these terms and conditions. In the event of any termination, you will immediately cease access to the Site. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.
Last Updated: May 27, 2011