DESCRIPTION OF SITES; SERVICES AND SOFTWARE
YOUR PERMISSION TO USE THE SERVICES
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services. You may not access the Services by any means other than through the interface that is provided by PoncaCityDeals. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of “spiders”, “robots” or otherwise), nor may you use the Services in any manner that could interfere with any other party’s use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Services. All commercial and/or unauthorized use of the Services is strictly prohibited. You agree not to use or resell the Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
POSTINGS TO THE SERVICES
The Services may permit you to post, submit, transmit, email, or otherwise make available questions, comments, or information (collectively, “Postings”). You may only submit Postings that you create or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to any of the other Services, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known and to sublicense such rights through multiple tiers of sub-licensees.
PoncaCityDeals respects the intellectual property of others and asks you to do the same. PoncaCityDeals may, in appropriate circumstances and at its sole discretion, terminate your right to use any of the Services for any reason, including, but not limited to, if you are a repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please contact us by clicking on “Contact Us” and sending us an e-mail.
MODIFICATIONS TO THE SERVICES
PoncaCityDeals reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PoncaCityDeals shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
DEALINGS WITH ADVERTISERS OR THIRD PARTY VENDORS
PoncaCityDeals may include advertisements or offers from third parties on the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that PoncaCityDeals shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party vendors or advertisers, including information providers, or any other end users are those of the respective author(s) or distributors) and not of PoncaCityDeals.com.
Anyone linking to the Services must comply with the following guidelines and all applicable laws: A site that links to any Service (i) may link to but not replicate any Service’s content; (ii) should not create a browser, frame or border environment around any Service’s content; (iii) should not imply that PoncaCityDeals.com is endorsing it or its products; (iv) should not misrepresent its relationship with PoncaCityDeals or any Service; (v) should not present false or misleading information about PoncaCityDeals or any Service; (vi) should not use any PoncaCityDeals trademarks, trade names, or logos without permission from PoncaCityDeals; and (vii) should not contain content that is reasonably considered profanity, defamatory, vulgar, offensive, otherwise unlawful, or should not violate any state or federal laws, codes or regulations.
WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICES. ADDITIONALLY, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. PONCACITYDEALS AND ALL RELATED THIRD PARTIES, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PONCACITYDEALS, ALL RELATED THIRD PARTIES AND SUPPLIERS MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NEITHER WE, NOR THIRD PARTIES OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SERVICES. THE SERVICES MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD PERMISSIBLE UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
NONE OF THE THIRD PARTIES, OWNERS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE SERVICES IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PONCACITYDEALS.COM, OR THIRD PARTIESAND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER PONCACITYDEALS.COM NOR THIRD PARTIES OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL PONCACITYDEALS.COM OR ANY THIRD PARTIES’ DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID PONCACITYDEALS.COMPoncaCityDeals.com FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU. IT IS YOUR RESPONSIBILITY TO DETERMINE THIS.
PoncaCityDeals, PoncaCityDeals.com and other service names, trademarks and logos are trademarks of PoncaCityDeals.com or its third parties. Without our prior written permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of PoncaCityDeals. The trademarks, logos, and service marks not owned by PoncaCityDeals and that are displayed on the Services are the registered or unregistered marks of their respective owners. No rights are granted by PoncaCityDeals.com to use such marks, whether by implication, estoppel, or otherwise.
All content, organization, graphics, design, compilation and other matters related to or included on the Sites are protected under applicable copyrights, trademarks, or other proprietary (including but not limited to intellectual property) rights and owned by PoncacCityDeals. The foregoing provision does not apply to any Postings.
PoncaCityDeals has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PoncaCityDeals passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of password; (2) authorize, monitor, and control access to your PoncaCityDeals password and account; and (3) promptly inform PoncaCityDeals of any need to deactivate a password. Your right to use the Sites and Services is nontransferable and any password given to you is nontransferable. You grant PoncaCityDeals and all other persons or entities involved in the operation of the Sites the right to transmit, monitor, store, retrieve and use your information in connection with the operation of the Sites. PoncaCityDeals cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using PoncaCityDeals tools and services.
Although most of the Services require no type of payment, some of the Services do require a fee. For such services, you are responsible for providing a valid credit card number and you represent and warrant that you are an authorized user of such credit card, and you agree to pay all applicable charges. You agree that PoncaCityDeals.com may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services. All charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes.
CHOICE OF LAW AND FORUM
SEVERABILITY; ENGLISH LANGUAGE
LOCATION OUTSIDE THE U.S.
TERMS OF SALE
Account and Voucher Items
You are required to create and maintain a user account in order to purchase any items from PoncaCityDeals.com. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product. By placing an order, you are requesting a voucher (“Voucher”) that may be used to obtain goods or services from a third party (the “Merchant”). Each offer is referred to herein as a “Voucher Item.”
Once you have placed an order, we will notify you that we have received your request. You will not receive your Voucher, however, until the Voucher Item is “Activated.” A Voucher Item is Activated after all of the terms and conditions for each Voucher Item are met. Terms and conditions for a Voucher Item may specify, for example, that a certain number of Vouchers be requested before the Voucher Item is Activated. You will not be billed until the Voucher Item is Activated. Until a Voucher Item is Activated, we have no obligation to provide you with Vouchers.
Responsibility of Merchant
The Merchant is the seller and provider of the goods and services. By purchasing the Voucher, you acknowledge and agree that the Merchant is solely responsible for providing the goods and services offered under the Voucher. PoncaCityDeals.com is not responsible for providing the goods or services under the Voucher. Neither PoncaCityDeals.com nor the Merchant is responsible for replacement of Vouchers that are lost, stolen or destroyed.
Your use of the Voucher is subject to the Voucher specific terms and conditions. Vouchers are non-transferable. Each Voucher is associated with a unique identifier. Merchants may refuse to accept any Voucher with a unique identifier that has already been redeemed. Only one Voucher may be used in any transaction. Merchants may limit Vouchers to one Voucher per household at the Merchant’s discretion. Vouchers cannot be combined with any other offer, discount, certificate or vouchers. Merchants may impose additional restrictions on Vouchers. Vouchers are void to the extent required by law.
Vouchers expire on the date noted on the Voucher, except as otherwise required by law. Certain Vouchers may be subject to additional legal restrictions. For examples, in certain jurisdictions, Vouchers for restaurant services cannot be used to purchase alcoholic beverages. Merchants are solely responsible for ensuring compliance with applicable laws, rules and regulations regarding the use and redemption of Vouchers.
Vouchers may only be used for the goods or items specified in the Voucher. If you redeem a Voucher for less than its face value, you will not be entitled to a credit, cash or new voucher equal to the difference between the face value and the value of the goods or services, unless otherwise required by law. In some areas, you may be entitled to a continuing redemption value if the amount you paid for the Voucher exceeds the value of the goods or services acquired with the Voucher. For example, if you pay $25 for a Voucher, which is good for up to $50 in goods, and you make a purchase for $10 in goods, you may be entitled to a continuing redemption value of $15. If, however, you purchase $30 in goods, you will not be entitled to any continuing redemption value. Merchants in their discretion may, however, offer a redemption value.
Disclaimer and Waivers
EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 6, MERCHANTS ARE SOLELY RESPONSIBLE FOR REDEMPTION OF THE VOUCHERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PONCACITYDEALS.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE VOUCHERS, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO THE GOODS OR SERVICES PURCHASED WITH VOUCHERS, REDEMPTION OF VOUCHERS, FAILURE OF A MERCHANT TO ACCEPT VOUCHERS, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. UNDER NO CIRCUMSTANCES WILL PONCACITYDEALS.COM’ LIABILITY RELATING TO VOUCHERS EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID PONCACITYDEALS.COM FOR A SINGLE VOUCHER ITEM DEAL OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.
Refund by PoncaCityDeals
Certain jurisdictions may require that a Voucher be honored for a specific time period. If a Merchant refuses to honor a Voucher on the basis that the Voucher has expired, contact PoncaCityDeals. For any Voucher that a Merchant fails to honor on such basis, PoncaCityDeals will provide a refund in the amount paid to PoncaCityDeals for the Voucher, provided that PoncaCityDeals determines the Voucher was submitted to the Merchant during a time in which the Merchant was obligated to honor the Voucher.
Refund questions should be addressed to:
Governing Law and Jurisdiction
This Agreement and the relationship between you and PoncaCityDeals shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You and PoncaCityDeals agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in Oklahoma City, Oklahoma.
If any provision in these Terms of Sale should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the Terms of Sale if no such modification is possible, and the other provisions of the Terms of Sale shall remain in full force and effect.