Terms & Conditions
Welcome! The following terms govern your use of the Patch Deal of the Day service and your purchases of vouchers and other offerings from the Patch Deal of the Day service (collectively, the "Service").
YOUR AFFIRMATIVE ACT OF ACCESSING OUR SERVICES AND/OR MAKING PURCHASES FROM US SIGNIFIES THAT YOU AGREE THAT THE FOLLOWING TERMS APPLY TO YOU (the "Terms").
ALSO, IF YOU REGISTER WITH US, YOU AGREE THAT YOUR USE OF YOUR ACCOUNT WILL BE GOVERNED BY THE PATCH TERMS OF USE.
If you do not agree, please do not access, use or make purchases from our service.
1. DEAL OF THE DAY. The Service is provided by Patch Media Corporation and its affiliates (collectively "we" or "us"). These Terms and Conditions constitute a legal, electronic agreement between you and us, which you acknowledge has the same force and effect as an agreement in writing. For your convenience, we use the following terms in this Agreement: (a) "Vouchers" means coupons, vouchers and other promotional offering that you can purchase and use in exchange for goods and services at a discount from their actual cost, (b) "Merchants" means those participating vendors and merchants who will make available and honor the Vouchers through the Service and (c) "you" or "your" means any person or entity who uses or signs up for the Service.
2. WE MAY CHANGE THESE TERMS. As the Service evolves, we may need to modify these terms, which you agree we may do at any time. Therefore, you should review these terms regularly to learn about any changes. Your ongoing use of the Service after we post changes to this agreement means that you accept the new terms.
3. VOUCHERS.
a. General Terms. Depending on the offer, we may distribute Vouchers through various platforms, including Vouchers you can print or download via mobile devices and/or applications. Not all Vouchers may be available for all types of platforms, whether for printing or mobile devices. You assume the responsibility to review the offers carefully on how you may use and redeem the Vouchers. We offer most Vouchers for use in specific geographic locations and for a limited time only; a Voucher available for use in one city may not be available for use in another location. Therefore, you should be sure you will be able to use the Voucher within the geographic territory where you plan to use the Voucher. We and our Merchants are not responsible for lost or stolen Vouchers. Reproduction of Vouchers is strictly prohibited. All purchases of Vouchers are final and non-refundable.
b. Voucher Offers Subject to Change. Offers for Vouchers are subject to termination or change at any time by us or our Merchants. We and our Merchants reserve the right to: (i) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order); (ii) revoke any stated offer (before you conclude a purchase); and (iii) make changes to prices, and Content, descriptions of goods and services, quantity limitations or other information without obligation to issue any notice of such changes.
c. Additional Terms. Each offer for a Voucher will be subject to additional terms that will apply to you; these terms may include, without limitation, expiration dates, limits on product availability, limits on the number of Vouchers that can be used per customer. Vouchers are redeemable in their entirety and on a one time basis.
d. Merchants' Responsibility. The Merchants shall be fully responsible for any and all damages, injuries, sicknesses, claims, liabilities and costs suffered by anyone using or benefiting from the use of any Voucher.
e. Supplemental Terms Regarding Vouchers for Restaurants. The following supplemental terms apply if the Voucher is intended for use at a restaurant.
i Merchants may determine in their sole discretion whether to accept the use of the Vouchers for alcoholic beverages, or whether to limit the use of the Vouchers to dining on the Merchant's premise.
ii.The laws of your state or geographic territory may restrict or prohibit the use of Vouchers for alcoholic beverages. Please note, that for customers purchasing Vouchers for use at restaurants in Ohio, Ohio law requires that the redemption of the Voucher for alcoholic beverages be limited to 30% of the face value of the Voucher if used for dining on a premise that serves both food and alcoholic drinks (see, Ohio Rev. Code Section 4301.01). Merchants are solely responsible to comply with state laws.
iii.Vouchers cannot be (i) combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant or (b) used for taxes, tips or prior balances, unless permitted by the Merchant.
f. Supplemental Terms for Vouchers Involving Merchants that are not Restaurants. You may only use Vouchers for items sold by the Merchant. Vouchers may not be applied to shipping or handling charges. Unless otherwise specified by a Merchant, you may only use one Voucher per redemption or order, and you may not combine a Voucher with any other vouchers, third party certificates, coupons or promotions.
g. Unredeemed Value. Unless otherwise provided by law, Merchants may determine in their sole discretion whether or not to issue a credit for any unused portion of a Voucher. Please note that the laws of some states may entitle you to redeem from the Merchant the cash value you paid for a Voucher that was not redeemed by you, even for a period of time after your Voucher has expired. Please contact the Merchant if you believe you are entitled to a cash redemption for an unredeemed Voucher (if the amount that you paid for the Voucher exceeds the amount you redeemed).
h. Rights You May Have under Law for Redemption of Vouchers. The laws of your jurisdiction may allow you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher after the date the Voucher expires; some jurisdictions may also impose dates on which Vouchers expires that may differ from the date stated on your Voucher. If a Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact us in writing and we will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from us. You can contact us online by going to support.patch.com or contacting us by email at support@patch.com.
i. Unclaimed Funds. Any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
j. Customer Support. If you are having problems with purchasing or obtaining a Voucher that you have purchased, or if you have problems with redeeming your Voucher, please visit support.patch.com or contact us by email at support@patch.com.
4. REGISTRATION. You do not need to register with us to visit the Service; however, you will need to sign up and obtain a user ID from us if you want to purchase Vouchers. If you register with us, you must provide us with a valid email address, password, year of birth and such other information that we may require on occasion to enroll in the Service. You must agree to the Patch Terms ofUse, which will govern your use of your user ID on services provided by us and our affiliates. Your information must be true, complete and always kept up-to-date. You must be at least 18 years of age and legally capable to enter into contracts. We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time.
5. ERRORS, EXPIRATION. We are not responsible for any errors/omissions made by Merchants or if you allow a Voucher to expire. We have no control over and are not responsible for the legality of goods or services offered by Merchants, the ability of any Merchant to complete the sales in accordance with the offers, pricing, availability or quality of the goods or services offered by Merchants. Any dispute over the delivery or quality of the goods or services you acquire via any Voucher is between you and the Merchant. YOU ACKNOWLEDGE AND AGREE TO WAIVE AND RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, COSTS OR EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED RELATING TO SUCH DISPUTE.
6. PAYMENT. You agree to pay for all purchases you make through the Service and we may charge your payment method for any such payments. We may, in our discretion, post charges to your payment method individually or we may aggregate your charges with other purchases you make on the service. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases. For your convenience, you authorize us to store your billing information and process all charges associated with the Vouchers purchased by you. You may elect to use a convenience feature that imports your billing information previously entered during a purchase from us or our affiliates, which we will use to process your order, and will store in connection with your account. All prices quoted on the Service are in U.S. Dollars and all charges to your account will be made in U.S. Dollars.
7. RESTRICTIONS. You may not access or use the Service to: (a) infringe on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party, (b) invade the privacy right of any person or entity; (c) violate the rights of others; (d) misrepresent yourself or impersonate any person or entity, including any of our employees or representatives; (e) tamper with or obtain unauthorized access to the Service or any Service account, computer systems or networks associated with the Service, including, without limitation, attempting to use robots, screen scraping or similar data gathering and extraction tools in order to extract content and data from the Service; (f) frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Service; (g) resell, transfer or sublicense any aspect of the Service; (h) collect or harvest information regarding other users of the Service for any reason whatsoever, including, without limitation, for sending such users unsolicited bulk e-mail or other forms of unsolicited bulk communications or (i) transmit malicious code to the Service or others, such as viruses and malware.
8. RIGHTS IN CONTENT AND SOFTWARE. All text, applications, software, images, videos and other content ("Content") offered on the Service are the property of the person or entity that provides the Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. You agree that you will not take any action to interfere with the ownership rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not reverse engineer, decompile or disassemble any aspect of the Service. You may not modify, adapt or create derivative works from the Service. Do not remove proprietary notices. Do not help anyone else to do any of the things prohibited in this paragraph.
9. YOUR INFORMATION. The Patch Privacy Policy located at http://www.patch.com as supplemented by the additional terms below, explains how we use your information when you use the Service and whether you access the Service via the Internet or any mobile or wireless device. By using the Service, you consent to these privacy practices.
a. You agree to receive communications that are account and membership related (e.g., that we've added money to your account, that we are mailing you a check on a certain date) as well as periodic emails that highlight Vouchers and special deals that may be available to you. You can opt out of receiving emails that are not account-related by following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails.
b. You understand and agree that we may store information about you and any Voucher purchases and redemption. We may use third party agents and contractors in order to help operate the Service, such as, by processing your purchase and redemption of Vouchers. If such agents and contractors have access to personally identifiable information, they are required to protect this information in a manner that is consistent with the Patch Privacy Policy.
c. When you select to purchase a Voucher, we may share certain personal information about you with such Merchants in order to fulfill your purchase. This policy does not apply to information that you may provide to a Merchant when you transact with the Merchant directly.
d. Merchants may receive aggregate data about groups of our users, such as, the number and types of Vouchers purchased by our users on an aggregate level, but this aggregate data does not personally identify any user; this information will help us and our merchants and vendors better understand demographic trends.
10. EQUIPMENT, ACCESS, SOFTWARE AND MOBILE DEVICES. You must provide at your own expense: Internet access, compatible software and compatible equipment to access and use the Service. You must ensure that you meet any system requirements that we will disclose to you when you sign up with the Service. You may be required to download and use applications to use certain features of the Service, such as, mobile applications. This means you must provide at your own expense the computing equipment, printers or mobile devices as needed if you desire to purchase and use Vouchers.
11. WIRELESS DEVICES. If you access the Service from a mobile device, you will incur certain charges from your wireless carrier according to the terms of your carrier agreement, including, without limitation, standard fees for data, messaging and wireless access, SMS and MMS messaging services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE SERVICE THROUGH YOUR WIRELESS DEVICE. You authorize us to communicate with you regarding the Services using SMS, MMS, text message or other electronic means to your wireless device. You acknowledge and agree that information about your usage of the Service on mobile devices or mobile applications may be communicated to us by third parties, including, without limitation, your wireless carrier. You agree to receive messages from us on any or all configured devices. When you access the Service on your wireless device, we may obtain information from your wireless carrier about the type of device you are using. Certain features of the Service may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however, we will not use that number for telemarketing. Some wireless carriers in the USA and other jurisdictions may be required to operate a system that will pinpoint the physical location of devices that use their service. Depending on the provider, we may automatically receive this information and you consent to any such disclosure.
12. LOCATION BASED SERVICES. If you elect to use certain location or pinpoint based services (e.g., GPS assisted navigation instruction, wireless tower location or other available location technologies), we must periodically receive your location in order to provide such location-based services to you. By using any location based service provided by us, you authorize us to: (a) locate your hardware; (b) record, compile and display your location; and (c) publish your location to third parties designated by you by means of location publication controls available within the applications (e.g., settings, user preferences). We may also collect and store certain information about our users, such as, users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information. This information will be used to provide you the Service through mobile devices and our mobile applications. We may use third party providers to help provide the Service through mobile systems and such providers may use the information in accordance with our Privacy Policy. Certain services offered through our mobile services may allow you to adjust your privacy settings; please review any information or FAQ area that accompanies such application for more details and instructions.
13. RULES OF CONDUCT. We may give you the ability to post comments or communicate with other users on the Service. When you post content, you agree that:
a. You will not violate the rights of others (including any privacy or intellectual property rights).
b. You will not advertise or sell goods or services.
c. You will not violate applicable laws, regulations, or these Terms.
d. You will not post or transmit content that is unlawful, defamatory, contains hate speech or is harassing, or is obscene or degrades any individual or group based on religion, gender, sexual orientation, race, ethnicity, age or disability.
e. You will not submit or cause to submit information that is false or that you know is inaccurate or would be misleading to another user.
You may not resell any coupons offered through the service for compensation. We may take any legal and technical remedies to prevent the violation of these terms.
14. LICENSE. We give you a non-exclusive, limited right to use the Content, web page, software, applications and services of the Service solely for personal and lawful use only and solely in connection with you using the Service. You agree that you are not entitled to any support, telephone assistance, corrections, updates, upgrades, bug fixes and/or enhancements of any software or applications that are provided by us, our vendors or our distributors.
15. WE ARE NOT OBLIGATED FOR CONTENT PROVIDED BY OTHERS. We are not liable for content or materials that are provided by others, including our advertisers and Merchants. We are not responsible for content on the Internet. We have no duty to pre-screen content. We reserve the right to remove materials from the Service for any reason, but we are not responsible for any failure or delay in removing such material.
16. YOUR CONTENT. We may offer features that allow you to interact with other users of the Service. We do not claim ownership in any content or materials that you post or submit through the Service. We do not read your private online communications. However, if you elect to post content or materials on areas of the service that are available to the public (such as message boards), you give us permission to transmit, display and reformat your submissions on the Service. We welcome feedback, suggestions and comments from our users. However, if you provide any suggestions to us, you agree that we may use your suggestions in any manner as we determine in our discretion without compensation or limitations of any kind.
17. DISCLAIMER OF WARRANTIES. We provide the Service "as is", "with all faults" and "as available." We, our Merchants, licensors and distributors ("Service Providers") make no express warranties or guarantees about the Service. TO THE EXTENT PERMITTED BY LAW, THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE SERVICE PROVIDERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND COPYRIGHT OF ANY DATA OFFERED OR SHARED BY OTHERS ON THE SERVICE. You may have additional consumer rights under your local laws that this contract cannot change. You use the Service at your own risk.
18. LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE SERVICE PROVIDERS OR THE SERVICE IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL. THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF THE VOUCHER PURCHASED BY YOU THAT IS THE SUBJECT MATTER OF YOUR CLAIM.
19. TERMINATION; DEACTIVATION. We may cancel or suspend your access and use of the Service at any time, without cause and/or without notice. Upon termination, you will no longer be able to acquire additional Vouchers from the Service. Termination or cancellation of your Patch account may also result in the termination of your access to the Service.
20. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. ELECTRONIC CONTRACTING AND NOTICES. Your affirmative act of using or registering for the Service constitutes your agreement to transact with us and accept all offers and contract terms electronically. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Service (collectively, "Notices"). We may send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the Service's Web site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. If you do not agree to receive Notices electronically, you may not use the Service. In order to receive Notices electronically, you must have a computing or mobile device and a browser that has access to the Internet. You will need a printer that has access to the Internet (e.g., via your computing device) in order to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Use" link on our Web site. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
22. IMPORT/EXPORT CONTROL. Any software or applications provided by us are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws. You may not directly or indirectly export, re-export, transfer or release any of our software or applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
23. U.S. GOVERNMENT END-USERS. Our software and applications are a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire such software or applications with only those rights as described in this License.
24. THIS IS THE ENTIRE AGREEMENT. These terms make up the entire agreement between you and us regarding your use of the Service. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. This agreement may not be modified without our written authorization.
25. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the law of the State of New York governs this contract and any claim or dispute that you may have against us, without regard to New York's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New York.
PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
26. PROCEDURE FOR COPYRIGHT CLAIM. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please click here for instructions on how to contact us to report possible copyright infringement.
Last Updated: 13 May 2011
Welcome! The following terms govern your use of the Patch Deal of the Day service and your purchases of vouchers and other offerings from the Patch Deal of the Day service (collectively, the "Service").
YOUR AFFIRMATIVE ACT OF ACCESSING OUR SERVICES AND/OR MAKING PURCHASES FROM US SIGNIFIES THAT YOU AGREE THAT THE FOLLOWING TERMS APPLY TO YOU (the "Terms").
ALSO, IF YOU REGISTER WITH US, YOU AGREE THAT YOUR USE OF YOUR ACCOUNT WILL BE GOVERNED BY THE PATCH TERMS OF USE.
If you do not agree, please do not access, use or make purchases from our service.
1. DEAL OF THE DAY. The Service is provided by Patch Media Corporation and its affiliates (collectively "we" or "us"). These Terms and Conditions constitute a legal, electronic agreement between you and us, which you acknowledge has the same force and effect as an agreement in writing. For your convenience, we use the following terms in this Agreement: (a) "Vouchers" means coupons, vouchers and other promotional offering that you can purchase and use in exchange for goods and services at a discount from their actual cost, (b) "Merchants" means those participating vendors and merchants who will make available and honor the Vouchers through the Service and (c) "you" or "your" means any person or entity who uses or signs up for the Service.
2. WE MAY CHANGE THESE TERMS. As the Service evolves, we may need to modify these terms, which you agree we may do at any time. Therefore, you should review these terms regularly to learn about any changes. Your ongoing use of the Service after we post changes to this agreement means that you accept the new terms.
3. VOUCHERS.
a. General Terms. Depending on the offer, we may distribute Vouchers through various platforms, including Vouchers you can print or download via mobile devices and/or applications. Not all Vouchers may be available for all types of platforms, whether for printing or mobile devices. You assume the responsibility to review the offers carefully on how you may use and redeem the Vouchers. We offer most Vouchers for use in specific geographic locations and for a limited time only; a Voucher available for use in one city may not be available for use in another location. Therefore, you should be sure you will be able to use the Voucher within the geographic territory where you plan to use the Voucher. We and our Merchants are not responsible for lost or stolen Vouchers. Reproduction of Vouchers is strictly prohibited. All purchases of Vouchers are final and non-refundable.
b. Voucher Offers Subject to Change. Offers for Vouchers are subject to termination or change at any time by us or our Merchants. We and our Merchants reserve the right to: (i) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order); (ii) revoke any stated offer (before you conclude a purchase); and (iii) make changes to prices, and Content, descriptions of goods and services, quantity limitations or other information without obligation to issue any notice of such changes.
c. Additional Terms. Each offer for a Voucher will be subject to additional terms that will apply to you; these terms may include, without limitation, expiration dates, limits on product availability, limits on the number of Vouchers that can be used per customer. Vouchers are redeemable in their entirety and on a one time basis.
d. Merchants' Responsibility. The Merchants shall be fully responsible for any and all damages, injuries, sicknesses, claims, liabilities and costs suffered by anyone using or benefiting from the use of any Voucher.
e. Supplemental Terms Regarding Vouchers for Restaurants. The following supplemental terms apply if the Voucher is intended for use at a restaurant.
i Merchants may determine in their sole discretion whether to accept the use of the Vouchers for alcoholic beverages, or whether to limit the use of the Vouchers to dining on the Merchant's premise.
ii.The laws of your state or geographic territory may restrict or prohibit the use of Vouchers for alcoholic beverages. Please note, that for customers purchasing Vouchers for use at restaurants in Ohio, Ohio law requires that the redemption of the Voucher for alcoholic beverages be limited to 30% of the face value of the Voucher if used for dining on a premise that serves both food and alcoholic drinks (see, Ohio Rev. Code Section 4301.01). Merchants are solely responsible to comply with state laws.
iii.Vouchers cannot be (i) combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant or (b) used for taxes, tips or prior balances, unless permitted by the Merchant.
f. Supplemental Terms for Vouchers Involving Merchants that are not Restaurants. You may only use Vouchers for items sold by the Merchant. Vouchers may not be applied to shipping or handling charges. Unless otherwise specified by a Merchant, you may only use one Voucher per redemption or order, and you may not combine a Voucher with any other vouchers, third party certificates, coupons or promotions.
g. Unredeemed Value. Unless otherwise provided by law, Merchants may determine in their sole discretion whether or not to issue a credit for any unused portion of a Voucher. Please note that the laws of some states may entitle you to redeem from the Merchant the cash value you paid for a Voucher that was not redeemed by you, even for a period of time after your Voucher has expired. Please contact the Merchant if you believe you are entitled to a cash redemption for an unredeemed Voucher (if the amount that you paid for the Voucher exceeds the amount you redeemed).
h. Rights You May Have under Law for Redemption of Vouchers. The laws of your jurisdiction may allow you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher after the date the Voucher expires; some jurisdictions may also impose dates on which Vouchers expires that may differ from the date stated on your Voucher. If a Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact us in writing and we will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from us. You can contact us online by going to support.patch.com or contacting us by email at support@patch.com.
i. Unclaimed Funds. Any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
j. Customer Support. If you are having problems with purchasing or obtaining a Voucher that you have purchased, or if you have problems with redeeming your Voucher, please visit support.patch.com or contact us by email at support@patch.com.
4. REGISTRATION. You do not need to register with us to visit the Service; however, you will need to sign up and obtain a user ID from us if you want to purchase Vouchers. If you register with us, you must provide us with a valid email address, password, year of birth and such other information that we may require on occasion to enroll in the Service. You must agree to the Patch Terms ofUse, which will govern your use of your user ID on services provided by us and our affiliates. Your information must be true, complete and always kept up-to-date. You must be at least 18 years of age and legally capable to enter into contracts. We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time.
5. ERRORS, EXPIRATION. We are not responsible for any errors/omissions made by Merchants or if you allow a Voucher to expire. We have no control over and are not responsible for the legality of goods or services offered by Merchants, the ability of any Merchant to complete the sales in accordance with the offers, pricing, availability or quality of the goods or services offered by Merchants. Any dispute over the delivery or quality of the goods or services you acquire via any Voucher is between you and the Merchant. YOU ACKNOWLEDGE AND AGREE TO WAIVE AND RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, COSTS OR EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED RELATING TO SUCH DISPUTE.
6. PAYMENT. You agree to pay for all purchases you make through the Service and we may charge your payment method for any such payments. We may, in our discretion, post charges to your payment method individually or we may aggregate your charges with other purchases you make on the service. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases. For your convenience, you authorize us to store your billing information and process all charges associated with the Vouchers purchased by you. You may elect to use a convenience feature that imports your billing information previously entered during a purchase from us or our affiliates, which we will use to process your order, and will store in connection with your account. All prices quoted on the Service are in U.S. Dollars and all charges to your account will be made in U.S. Dollars.
7. RESTRICTIONS. You may not access or use the Service to: (a) infringe on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party, (b) invade the privacy right of any person or entity; (c) violate the rights of others; (d) misrepresent yourself or impersonate any person or entity, including any of our employees or representatives; (e) tamper with or obtain unauthorized access to the Service or any Service account, computer systems or networks associated with the Service, including, without limitation, attempting to use robots, screen scraping or similar data gathering and extraction tools in order to extract content and data from the Service; (f) frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Service; (g) resell, transfer or sublicense any aspect of the Service; (h) collect or harvest information regarding other users of the Service for any reason whatsoever, including, without limitation, for sending such users unsolicited bulk e-mail or other forms of unsolicited bulk communications or (i) transmit malicious code to the Service or others, such as viruses and malware.
8. RIGHTS IN CONTENT AND SOFTWARE. All text, applications, software, images, videos and other content ("Content") offered on the Service are the property of the person or entity that provides the Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. You agree that you will not take any action to interfere with the ownership rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not reverse engineer, decompile or disassemble any aspect of the Service. You may not modify, adapt or create derivative works from the Service. Do not remove proprietary notices. Do not help anyone else to do any of the things prohibited in this paragraph.
9. YOUR INFORMATION. The Patch Privacy Policy located at http://www.patch.com as supplemented by the additional terms below, explains how we use your information when you use the Service and whether you access the Service via the Internet or any mobile or wireless device. By using the Service, you consent to these privacy practices.
a. You agree to receive communications that are account and membership related (e.g., that we've added money to your account, that we are mailing you a check on a certain date) as well as periodic emails that highlight Vouchers and special deals that may be available to you. You can opt out of receiving emails that are not account-related by following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails.
b. You understand and agree that we may store information about you and any Voucher purchases and redemption. We may use third party agents and contractors in order to help operate the Service, such as, by processing your purchase and redemption of Vouchers. If such agents and contractors have access to personally identifiable information, they are required to protect this information in a manner that is consistent with the Patch Privacy Policy.
c. When you select to purchase a Voucher, we may share certain personal information about you with such Merchants in order to fulfill your purchase. This policy does not apply to information that you may provide to a Merchant when you transact with the Merchant directly.
d. Merchants may receive aggregate data about groups of our users, such as, the number and types of Vouchers purchased by our users on an aggregate level, but this aggregate data does not personally identify any user; this information will help us and our merchants and vendors better understand demographic trends.
10. EQUIPMENT, ACCESS, SOFTWARE AND MOBILE DEVICES. You must provide at your own expense: Internet access, compatible software and compatible equipment to access and use the Service. You must ensure that you meet any system requirements that we will disclose to you when you sign up with the Service. You may be required to download and use applications to use certain features of the Service, such as, mobile applications. This means you must provide at your own expense the computing equipment, printers or mobile devices as needed if you desire to purchase and use Vouchers.
11. WIRELESS DEVICES. If you access the Service from a mobile device, you will incur certain charges from your wireless carrier according to the terms of your carrier agreement, including, without limitation, standard fees for data, messaging and wireless access, SMS and MMS messaging services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE SERVICE THROUGH YOUR WIRELESS DEVICE. You authorize us to communicate with you regarding the Services using SMS, MMS, text message or other electronic means to your wireless device. You acknowledge and agree that information about your usage of the Service on mobile devices or mobile applications may be communicated to us by third parties, including, without limitation, your wireless carrier. You agree to receive messages from us on any or all configured devices. When you access the Service on your wireless device, we may obtain information from your wireless carrier about the type of device you are using. Certain features of the Service may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however, we will not use that number for telemarketing. Some wireless carriers in the USA and other jurisdictions may be required to operate a system that will pinpoint the physical location of devices that use their service. Depending on the provider, we may automatically receive this information and you consent to any such disclosure.
12. LOCATION BASED SERVICES. If you elect to use certain location or pinpoint based services (e.g., GPS assisted navigation instruction, wireless tower location or other available location technologies), we must periodically receive your location in order to provide such location-based services to you. By using any location based service provided by us, you authorize us to: (a) locate your hardware; (b) record, compile and display your location; and (c) publish your location to third parties designated by you by means of location publication controls available within the applications (e.g., settings, user preferences). We may also collect and store certain information about our users, such as, users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information. This information will be used to provide you the Service through mobile devices and our mobile applications. We may use third party providers to help provide the Service through mobile systems and such providers may use the information in accordance with our Privacy Policy. Certain services offered through our mobile services may allow you to adjust your privacy settings; please review any information or FAQ area that accompanies such application for more details and instructions.
13. RULES OF CONDUCT. We may give you the ability to post comments or communicate with other users on the Service. When you post content, you agree that:
a. You will not violate the rights of others (including any privacy or intellectual property rights).
b. You will not advertise or sell goods or services.
c. You will not violate applicable laws, regulations, or these Terms.
d. You will not post or transmit content that is unlawful, defamatory, contains hate speech or is harassing, or is obscene or degrades any individual or group based on religion, gender, sexual orientation, race, ethnicity, age or disability.
e. You will not submit or cause to submit information that is false or that you know is inaccurate or would be misleading to another user.
You may not resell any coupons offered through the service for compensation. We may take any legal and technical remedies to prevent the violation of these terms.
14. LICENSE. We give you a non-exclusive, limited right to use the Content, web page, software, applications and services of the Service solely for personal and lawful use only and solely in connection with you using the Service. You agree that you are not entitled to any support, telephone assistance, corrections, updates, upgrades, bug fixes and/or enhancements of any software or applications that are provided by us, our vendors or our distributors.
15. WE ARE NOT OBLIGATED FOR CONTENT PROVIDED BY OTHERS. We are not liable for content or materials that are provided by others, including our advertisers and Merchants. We are not responsible for content on the Internet. We have no duty to pre-screen content. We reserve the right to remove materials from the Service for any reason, but we are not responsible for any failure or delay in removing such material.
16. YOUR CONTENT. We may offer features that allow you to interact with other users of the Service. We do not claim ownership in any content or materials that you post or submit through the Service. We do not read your private online communications. However, if you elect to post content or materials on areas of the service that are available to the public (such as message boards), you give us permission to transmit, display and reformat your submissions on the Service. We welcome feedback, suggestions and comments from our users. However, if you provide any suggestions to us, you agree that we may use your suggestions in any manner as we determine in our discretion without compensation or limitations of any kind.
17. DISCLAIMER OF WARRANTIES. We provide the Service "as is", "with all faults" and "as available." We, our Merchants, licensors and distributors ("Service Providers") make no express warranties or guarantees about the Service. TO THE EXTENT PERMITTED BY LAW, THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE SERVICE PROVIDERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND COPYRIGHT OF ANY DATA OFFERED OR SHARED BY OTHERS ON THE SERVICE. You may have additional consumer rights under your local laws that this contract cannot change. You use the Service at your own risk.
18. LIMITATION OF LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE SERVICE PROVIDERS OR THE SERVICE IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL. THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF THE VOUCHER PURCHASED BY YOU THAT IS THE SUBJECT MATTER OF YOUR CLAIM.
19. TERMINATION; DEACTIVATION. We may cancel or suspend your access and use of the Service at any time, without cause and/or without notice. Upon termination, you will no longer be able to acquire additional Vouchers from the Service. Termination or cancellation of your Patch account may also result in the termination of your access to the Service.
20. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. ELECTRONIC CONTRACTING AND NOTICES. Your affirmative act of using or registering for the Service constitutes your agreement to transact with us and accept all offers and contract terms electronically. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Service (collectively, "Notices"). We may send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the Service's Web site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. If you do not agree to receive Notices electronically, you may not use the Service. In order to receive Notices electronically, you must have a computing or mobile device and a browser that has access to the Internet. You will need a printer that has access to the Internet (e.g., via your computing device) in order to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Use" link on our Web site. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
22. IMPORT/EXPORT CONTROL. Any software or applications provided by us are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws. You may not directly or indirectly export, re-export, transfer or release any of our software or applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
23. U.S. GOVERNMENT END-USERS. Our software and applications are a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire such software or applications with only those rights as described in this License.
24. THIS IS THE ENTIRE AGREEMENT. These terms make up the entire agreement between you and us regarding your use of the Service. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. This agreement may not be modified without our written authorization.
25. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the law of the State of New York governs this contract and any claim or dispute that you may have against us, without regard to New York's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New York.
PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
26. PROCEDURE FOR COPYRIGHT CLAIM. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please click here for instructions on how to contact us to report possible copyright infringement.
Last Updated: 13 May 2011