|Deadline Deals Terms of Service|
By opting in to the Daily Deal, users may be sent offers and marketing or promotional communications or news alerts from the Omaha World-Herald, Omaha.com and their affiliates.
1.Online Promotional Vouchers.
Daily Deal Omaha permits online promotional vouchers to be offered to its Users. Promotional Vouchers are provided by Merchants and/or Advertisers. Daily Deal Omaha is not responsible for the redemption, errors/omissions or expiration of vouchers, and it is the User's responsibility to make sure that a voucher is presented to an applicable Merchant or Advertiser. The Merchant or Advertiser, not Daily Deal Omaha, is the seller or provider of the goods or services obtained through use of any promotional voucher acquired through the Daily Deal Omaha Site. All offers and promotions on Daily Deal Omaha are subject to change without notice. Daily Deal Omaha has no control over the legality of any voucher made by Advertisers, the ability of any of the Merchants or Advertiser to complete the sales in accordance with the voucher, or the quality of the goods offered by the Merchants or Advertiser. Promotional Vouchers are subject to terms and conditions described in the offer and imposed by the applicable Merchant or Advertiser.
In the event that you have a dispute with a Merchant or Advertiser in any way relating to the Daily Deal Omaha Site or the use of information from the Site, User agrees to waive and release Daily Deal Omaha from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. Promotional Vouchers purchased on the Daily Deal Omaha Site by said Users will be fulfilled directly by the Merchant or Advertiser. When purchasing vouchers you will be asked to provide certain information, including credit card information and shipping address. By completing these purchases, User agrees to pay all charges incurred by Users credit card.
Promotional Vouchers cannot be redeemed for cash. Prices and availability of the products and services listed on the Daily Deal Omaha Site are subject to change without notice. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a Merchant and/or Advertiser, Daily Deal Omaha and/or Merchant/Advertiser reserves the right to refuse or cancel any order placed for a voucher at the incorrect price, even if the order has been confirmed and/or a credit card has been charged. If a User's credit card has already been charged for the purchase and the order is canceled, User will have to notify the Merchant and/or Advertiser directly for a credit to User credit card account in the amount of the incorrect price, and notify said User of this occurrence. Promotional Vouchers expire on the date stated on the website and on the printed vouchers, except where otherwise prohibited by law.
The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law. Promotional Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
Daily Deal Omaha is not responsible for the actual available usage or duration of any promotional voucher, or the policies of the Merchant and/or Advertisers who provide the vouchers. Daily Deal Omaha is not responsible for any goods or services purchased with vouchers. Daily Deal Omaha is not responsible for Merchant/Advertisers that are no longer in business or change location(s).
2. Disclaimers and Limitations of Liability.
THE DAILY DEAL OMAHA SITE IS PROVIDED "AS IS." ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, ARE HEREBY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
DAILY DEAL OMAHA WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN USER AND ANY MERCHANT, AND THE USER HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST DAILY DEAL OMAHA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS, AND REPRESENTATIVES. DAILY DEAL OMAHA DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY MERCHANTS OR ADVERTISERS. DAILY DEAL OMAHA DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL DAILY DEAL OMAHA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, CLAIMS OR LOSSES OF ANY NATURE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES, CLAIMS OR LOSSES DIRECTLY OR INDIRECTLY ARISING IN CONNECTION WITH OR RELATING TO USERS USE OF THE DAILY DEAL OMAHA SITE, ANY ACT OR OMISSION BY DAILY DEAL OMAHA IN ADMINISTERING THE DAILY DEAL OMAHA SITE, OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR ADVERTISERS, EVEN IF DAILY DEAL OMAHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL DAILY DEAL OMAHA'S MAXIMUM LIABILITY TO ANY VISITOR OR USER EXCEED THE AMOUNT ACTUALLY PAID BY THE VISITOR OR USER FOR ANY APPLICABLE PROMOTIONAL VOUCHER OFFERED ON THE DAILY DEAL OMAHA SITE.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DAILY DEAL OMAHA SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DAILY DEAL OMAHA SITE.
ANY VISITOR OR USER OF THE DAILY DEAL OMAHA SITE HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUIT OR CLAIM, COUNTERCLAIM, CROSS-CLAIM, OR CAUSE OF ACTION FILED AGAINST DAILY DEAL OMAHA OR ANY OF ITS AFFILIATES AND ALSO HEREBY WAIVES ANY CLAIM OR RIGHT TO LEAD, PARTICIPATE OR JOIN IN ANY CLASS ACTION LAWSUIT OF ANY NATURE, IN THE EVENT THE VISITOR USER HAS ANY CLAIM OF ANY NATURE AGAINST DAILY DEAL OMAHA OR ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE USE OF THE DAILY DEAL OMAHA SITE, OR ANY SERVICES OR PAYMENTS RELATING TO SUCH USE OR PURCHASE OF ANY PROMOTIONAL VOUCHER, GOODS OR SERVICES ON OR THROUGH SUCH SITE.
ANY CLAIM OF ANY NATURE WHICH ANY USER OR VISITOR MAY HAVE AGAINST DAILY DEAL OMAHA OR ANY OF ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE USE OF THE DAILY DEAL OMAHA SITE, OR ANY SERVICES OR PAYMENTS RELATING TO SUCH USE OR PURCHASE OF ANY PROMOTIONAL VOUCHER, GOODS OR SERVICES ON OR THROUGH SUCH SITE, MUST BE FILED WITHIN NINE (9) MONTHS OF THE ACT OR EVENT GIVING RISE TO SUCH CLAIM OR SUCH CLAIM IS RELEASED AND FOREVER BARRED.
Information, software, products and services included in or available through the Daily Deal Omaha Site may include inaccuracies or typographical errors. Advice received via the Daily Deal Omaha Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
All references to Daily Deal Omaha within the above disclaimer and limitation of liability section include the Omaha World-Herald and Omaha.com.
3. Modified Terms.