Visiting Daffodeals.com or sending emails to Daffodeals constitutes electronic communications. You consent to receive electronic communications and you concur that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Daffodeals or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Daffodeals content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Daffodeals and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Daffodeals or our licensors except as expressly authorized by these Terms. If you believe that your intellectual property rights have been infringed, please initiate the complaint process by emailing us at email@example.com.
ACCOUNT REGISTRATION AND PASSWORD
USER CONTENT AND CONDUCT
The Site may contain communication features that enable you to interact with or share or transmit information to others through user accessible areas. By using the Site and these communication features, you agree that you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication feature specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Site; violate any code of conduct or other guidelines which may be applicable for any particular use of the Site; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Daffodeals has no obligation to monitor, prescreen, or remove user content of the Site. However, Daffodeals reserves the right to review materials posted to the Site and to remove any materials in its sole discretion. Daffodeals reserves the right to terminate your access to any or all of the Site features at any time without notice for any reason whatsoever.
Daffodeals reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Daffodeals’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or others in any feature contained in the Site. Daffodeals does not control or endorse the content, messages or information found in any Site feature and, therefore, Daffodeals specifically disclaims any liability with regard to the communication features and any actions resulting from your participation with the Site. Managers and hosts are not authorized Daffodeals spokespersons, and their views do not necessarily reflect those of Daffodeals.
MATERIALS PROVIDED TO DAFFODEALS.COM OR POSTED ON ANY DAFFODEALS WEB PAGE
Daffodeals does not claim ownership of the materials you provide to Daffodeals.com (including feedback and suggestions) or post, upload, input or submit to any Daffodeals Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Daffodeals, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Daffodeals is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Daffodeals’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Daffodeals from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Daffodeals Content accessed through Daffodeals.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
THIRD PARTY ACCOUNTS
You will be able to connect your Daffodeals account to third party accounts. By connecting your Daffodeals account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
THIRD-PARTY PRODUCTS, MATERIALS, SERVICES, AND LINKS
The Site may contain third-party content, products, or services or links to other websites. Daffodeals is not responsible for or in control of any third-party content, products, materials, information or links. Third-party materials and links are provided only as a convenience, and the inclusion of any link or content does not imply endorsement by Daffodeals. Your access and use of third-party links and content is at your own risk and subject to policies and any representations made by these third parties.
Daffodeals is not responsible for inspecting or assessing and does not guarantee the offerings of any third parties goods or services through the Site. Daffodeals will not assume any liability for your transactions and interactions with these third parties. As such, Daffodeals makes no claims or guarantees regarding any third party, including other users of the site or any businesses or advertisers listed on the site. Daffodeals is not liable to you for any loss, damage, or injury that might result from their actions or oversights, including, for example, any misuse of your content, identity, or personal information, or if you have a negative experience with one of the businesses, advertisers, or affiliates listed or featured on the Site.
RETURNS AND REFUND POLICY
If you are unhappy with your purchase for any reason, please contact the seller within 14 days of receiving the item to arrange a replacement or refund. Exchanges are only offered if the seller has extra inventory on hand. All purchases of health and beauty products, intimate apparel, swimwear, downloadable, edible, and hygiene-related products, as well as personalized or custom-made items are final and non-refundable.
You agree to indemnify, defend and hold harmless Daffodeals, its officers, directors, employees, agents, and third parties, including licensors and partners, from all losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Daffodeals reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Daffodeals in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Daffodeals agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DAFFODEALS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DAFFODEALS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DAFFODEALS LLC AND/OR ITS SUPPLIERS HERBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Daffodeals reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Daffodeals as a result of this agreement or use of the Site. Daffodeals’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Daffodeals’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Daffodeals with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
CHANGES TO TERMS
Daffodeals reserves the right, in its sole discretion, to change the Terms under which Daffodeals.com is offered. The most current version of the Terms will supersede all previous versions. Daffodeals encourages you to periodically review the Terms to stay informed of our updates.
If you have any questions about the Site or these Terms, please email us at firstname.lastname@example.org.
DAFFODEALS.COM GIFT CARDS
Gift cards purchased through Daffodeals.com may only be used toward the purchase of products and services provided on the Site and through our mobile applications. Each purchased gift card will be emailed to the designated recipient. To redeem a gift card, the associated code must be applied to the customer’s account at the time of purchase. Any unused balance will remain available through the customer’s account until the full value has been used. A Daffodeals gift card balance does not expire and may be applied to a Daffodeals.com purchase at any time.
Your Daffodeals.com gift card cannot be used to purchase other gift cards; cannot be reloaded; cannot be resold; cannot be used for payment outside of Daffodeals.com; cannot be transferred for value; and cannot be redeemed for cash. No portion of your Daffodeals.com gift card may be transferred to another Daffodeals.com account.
The risk of loss for gift cards will immediately pass to the purchaser or designated recipient upon the electronic transmission of the gift card. Daffodeals is not responsible if any gift card is lost, stolen or damaged, or if your gift card is used without your authorization, and therefore we will not be required to replenish or replace any gift cards or related balances.
We reserve the right, without notice to you, to void gift cards or remaining balances without a refund, suspend or terminate customer accounts and use of services, and/or bill alternative forms of payment if we suspect that a gift card is obtained, used or applied to any Daffodeals.com purchase fraudulently, unlawfully or otherwise in violation of these terms and conditions.