YoloDeals.com

ALL USERS MUST READ THIS SECTION

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site, www.yolodeals.com, (the "Site"), you ("you" or the "End User") agree to the terms and conditions in this Agreement between you and Yolo, Inc. ("YoloDeals"). If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site.

YoloDeals reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

If you have any questions about these terms, please view our FAQS, contact us at info@YoloDeals.com, or call us at (888) 822-1760 Monday through Friday, 9 a.m. to 5 p.m. .

I. TERMS OF USE

1. Eligibility YoloDeals welcomes browsers 13 years of age and older. However, to make any purchases on the Site ("Property") through the Site, you must be 18 years of age or older. If you are under 18 years of age, you are welcome to browse this Site, however, a parent or legal guardian must make any purchases of Property on your behalf. By using this Site, you represent and warrant that you are 13 years of age or older, and that you both agree to and agree to abide by all of the terms and conditions of this Agreement. By purchasing any Property through this Site, you represent and warrant that you are 18 years of age or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

2. General. This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.

3. Security and Uptime You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of YoloDeals. While YoloDeals makes reasonable precautions against loss or theft of data, YoloDeals shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is YoloDeals' objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is the responsibility of End User to print all certificates, coupons, and vouchers upon purchase, as YoloDeals is not responsible for any data lost due to data corruption caused by any circumstance within or outside of its control.

4. Site Features YoloDeals shall have the right at any time to change or discontinue any aspect or feature of YoloDeals, including, but not limited to, content, hours of availability, merchants available, the addition of user content areas, and equipment needed for access or use. YoloDeals may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Further, YoloDeals may request additional information at any time by End User to update or enhance account information collected for use of the Site.

5. Registration Data; Account Security In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to YoloDeals to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

6. Modified Terms. YoloDeals reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy, a copy of which is available from support@yolodeals.com, as YoloDeals deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges, the deletion of certain rights, and the requirement of more personal information to maintain an account. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon YoloDeals’ posting thereof. Any use of YoloDeals by you after such notice shall be deemed to constitute acceptance by you of such modifications.

7. Equipment. You are responsible for obtaining and maintaining all telephone, computer hardware, printers, and other equipment needed for access to and use of this Site, to download and print purchased certificates, coupons, or vouchers. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges to access the internet or credit card fees. YoloDeals shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

8. End User Conduct. You agree and acknowledge that this Site is for the commercial use of its Users. You agree and acknowledge that this Site, including all pages contained within, are private property. All interactions on this Site must comply with these Terms of Use. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use this Site to:

harvest or collect email addresses or other contact information of other users from this Site by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications;
use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site;
use automated scripts to collect information from or otherwise interact with the Site;
upload, post, or otherwise make available any content that YoloDeals deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racially or ethnically intimidating or hateful towards someone's religion, gender, sexual orientation, age, nationality, or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "ponzi schemes," or any other form of solicitation;
upload, post, or otherwise make available content that would constitute, encourage, or provide instructions for the commission of a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
upload, post, transmit, share, or otherwise make available any content that advertises any illegal service or the use of any item for sale on the Site in a way that is prohibited or restricted by any applicable law, including without limitation uses that are prohibited or restricted by Colorado law;
upload, post, transmit, share, or otherwise make available any content that is pornographic or depicts a human being engaged in sexual conduct;
use or attempt to use another's account without authorization from YoloDeals or the owner of the account;
upload, post, transmit, share, or otherwise make available any content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
upload, post, or otherwise make available content that, in the sole judgment of YoloDeals, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose YoloDeals or its users to any harm or liability of any type; and/or
upload, post, or otherwise make available content that, in the sole judgment of YoloDeals, either online or offline solicits the users of this Site to become users of other on- or offline services that directly or indirectly compete or potentially compete with YoloDeals.

The foregoing provisions of this Section 8 apply equally to and are for the benefit of YoloDeals, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

9. Copyright. All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of YoloDeals, its users or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without YoloDeals’ prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of YoloDeals protected by copyright as a collective work under the United States copyright laws. YoloDeals owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. YoloDeals does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods.

End User may download, print, and/or save copyrighted material for End User's personal use only. End User acknowledges that he does not acquire any ownership rights by downloading copyrighted material.

End User shall not upload, post, or otherwise make available on this Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. YoloDeals does not have any express burden or responsibility to provide End User with indications, markings, or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.

By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted YoloDeals the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other users to access, view, store, or reproduce the material for that user's personal use. End User hereby grants YoloDeals the right to edit, copy, publish and distribute any material made available on this Site by End User.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

The foregoing provisions of Section 9 apply equally to and are for the benefit of YoloDeals its subsidiaries, affiliates, its third party content providers, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

10. Trademarks. YoloDeals is a trademark of Yolo, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on YoloDeals are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of YoloDeals, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of YoloDeals, unless otherwise stated.

11. Copyright, Trademark, and Intellectual Property Complaints YoloDeals respects the intellectual property rights of others. YoloDeals prohibits End Users from uploading, posting, or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When YoloDeals receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, YoloDeals promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright. YoloDeals may, at its sole discretion, terminate End Users who are deemed by YoloDeals to be have committed copyright infringement, whether or not there is any repeat infringement.

12. Third Party Websites and Content The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by YoloDeals. YoloDeals is not responsible for any Third Party Sites accessed through the Site or any content posted by any End Users. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that YoloDeals' terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.

13. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by other End Users are those of the respective author(s) and not of YoloDeals. Neither YoloDeals nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through this Site represents the opinions and judgments of the End User who is not under contract with YoloDeals. YoloDeals neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on YoloDeals by anyone other than an authorized YoloDeals employee spokespersons while acting in official capacities. Under no circumstances will YoloDeals be liable for any loss or damage caused by End User's reliance on information obtained through YoloDeals. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through YoloDeals.

14. Disclaimer of Warranty; Limitation of Liability. END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER'S SOLE RISK. IN NO EVENT WILL YOLODEALS OR ITS DIRECTORS, EMPLOYEES, AFFLIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE USE OF THE CERTIFICATES, COUPONS, OR VOUCHERS PURCHASED FROM IT.

NEITHER YOLODEALS, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT YOLODEALS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL YOLODEALS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER YOLODEALS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

YOLODEALS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY YOLODEALS. MOREOVER, YOLODEALS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, YOLODEALS, DEEMS UNSUITABLE. BY USE OF THIS SITE, ENDUSER AGREES THAT HIS OR HER CONTENT MAY BE REMOVED ANYTIME.

YOU AGREE AND ACKNOWLEDGE THAT THE PRODUCTS, SERVICES, CERTIFICATES, VOUCHERS AND COUPONS FOR SALE ON THIS SITE ARE BEING OFFERED BY THIRD PARTY MERCHANTS AND THAT YOLODEALS MAKES NO GUARANTEE AS TO THE CONDITION OF THE PRODUCTS, SERVICES, CERTIFICATES, VOUCHERS OR COUPONS. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS YOLODEALS FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU OR A THIRD PARTY RESULTING FROM THE USE OR THIS SITE OR PRODUCTS, SERVICES, CERTIFICATES, VOUCHERS OR COUPONS PURCHASED THROUGH THIS SITE. THE ONLY REMEDY FOR ANY DAMAGES IS THROUGH THE MERCHANT OF THAT PRODUCT, SERVICE, CERTIFICATES, VOUCHERS OR COUPON.

YOLODEAL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YOLODEALSFOR THE SERVICES YOU HAVE PURCHASED FROM YOLODEALS, BUT IN NO CASE WILL YOLODEALSLIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO YOLODEALS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM YOLODEALS, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Monitoring. YoloDeals shall have the right to monitor the content of the Site at all times, including viewing of any information in an End User's personal account on the Site, to determine compliance with this Agreement and any operating rules established by YoloDeals, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, YoloDeals shall have the right to remove any material that YoloDeals, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

16. Privacy. YoloDeals cares about the privacy of our users. CLICK HERE to view YoloDeals’ Privacy Policy. End User acknowledges that all posts made on this site are public and not private communications and that others may read End User's posts without End User's knowledge. YoloDeals does not control or endorse any End Users’ posts and, therefore, YoloDeals specifically disclaims any liability concerning any information posted by End Users on this Site.

17. Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site ("Submissions"), provided by you to YoloDeals, are non-confidential and shall become the sole property of YoloDeals. YoloDeals shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By posting communications on or through this Site, End User shall be deemed to have granted to YoloDeals a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

18. Termination. YoloDeals may terminate this Agreement at any time. Without limiting the foregoing, YoloDeals shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User that YoloDeals, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.

19. User Disputes The merchants offering products certificates, vouchers and coupons are solely responsible for their interactions with End Users who purchase their goods, certificates, vouchers or coupons. YoloDeals reserves the right, but has no obligation, to monitor disputes between you and these merchants.

20. Termination YoloDeals may terminate your membership, delete your posts, and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13 year of age, have made purchases and you are under 18 years of age, or violate these Terms of Service. When YoloDeals is notified that an End User has died, YoloDeals will delete that End User's account with permission for End User's estate or 90 days following notification, which ever happens first.

21. Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

22. Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.

23. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.

24. Governing Law; Venue and Jurisdiction By visiting or using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and YoloDeals or any of YoloDeals’ affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

25. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, shall be reimbursed by the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.

26. Indemnity You agree to indemnify and hold YoloDeals, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

27. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing. Oral changes have no effect.

28. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.

29. Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.

30. Definitions and Constructions Unless otherwise specified, the terms "include", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

II. TERMS OF SALE

By placing an Order, you make an offer to us to purchase the certificates you have selected on the terms and conditions stated below. For more information on how information will be stored that is collected when you place an Order, please view our Privacy Policy.

1. Account You are required to create an account in order to purchase any product. 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. YoloDeals will make reasonable efforts to ensure that purchase information will be available for one year after purchase. However, you agree and acknowledge that it is your responsibility to print any coupons or certificates upon purchase as YoloDeals cannot guarantee access to previous purchase information.

2. Terms and Conditions for Restaurant Certificates

End Users are limited to one (1) Restaurant Certificate redemption per party, per month, per restaurant unless otherwise stated.
Only one (1) Restaurant Certificate can be used per party, even if the party receives more than one check and members of the party have purchased Restaurant Certificates separately unless otherwise stated.
Use of Restaurant Certificates for alcoholic beverages is at the sole discretion of the restaurant. Restaurant agrees to comply with all state laws pertaining to the sale of alcoholic beverages. Restaurants reserve the right to refuse service to anyone that appears intoxicated or underage. End Users may forfeit their restaurant coupon, and any rights to reimbursement, for attempting to redeem Restaurant Certificates for alcohol if intoxicated or underage.
Restaurant Certificates cannot be combined with any third party certificates, coupons, or promotions unless otherwise stated.
Restaurant Certificates cannot be used for taxes, tips or prior balances unless otherwise stated.
Restaurant Certificates have no cash value unless required by law.
Neither YoloDeals nor Restaurants are required to return any cash back upon redemption or at any other time unless required by law.
Restaurant Certificates are valid only for parties of two (2) or more unless otherwise stated or required by law.
Restaurant Certificates are valid for dine in only unless otherwise stated or required by law.
The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
Neither YoloDeals nor the restaurant is responsible for lost or stolen Restaurant Certificates or Restaurant Certificate reference numbers. It is the sole responsibility of the End User to treat Restaurant Certificates and reference numbers the same as they would cash.
Reproduction, sale, or trade of Restaurant Certificates is prohibited unless done so in compliance with the law and the Terms of Use of this Site.
Any attempted redemption not consistent with these Terms of Use will render the Restaurant Certificates void.
Any use of Restaurant Certificates not consistent with these Terms of Use is void to the extent prohibited by law.
Restaurant Certificates cannot be exchanged unless all locations of a restaurant have ceased operation making the Restaurant Certificates unusable. In this circumstance, YoloDeals will offer the holder of the Merchant Certificates the opportunity to exchange the Merchant Certificate for another certificate of equal value available at that time if the Merchant Certificate has not expired or will make a cash refund to the certificate holder.
All Restaurant Certificates expire one (1) year from date of issue, except in California and where otherwise prohibited by law, unless otherwise stated.
All Restaurant Certificates are subject to additional terms and limitations as allowed by law.

3. Terms and Conditions for Merchant Certificates

Merchant Certificate may be applied only to merchandise sold or services provided by merchant.
End Users are limited to one (1) Merchant Certificate redemption per order unless otherwise stated.
Merchant Certificates cannot be combined with any third party certificates, coupons, or promotions unless otherwise stated.
Merchant Certificates can be combined with gift certificates only with merchant's approval unless required by law or otherwise stated.
Merchant Certificates cannot be used for taxes, shipping charges, or handing charges unless required by law or otherwise stated.
Merchant Certificates have no cash value unless required by law.
Neither YoloDeals nor Merchant are required to return any cash back upon redemption or at any other time unless required by law.
The issuing of merchant credit is at the sole discretion of the merchant unless otherwise required by law.
Neither YoloDeals nor the Merchant is responsible for lost or stolen Merchant Certificates or Merchant Certificate reference numbers. It is the sole responsibility of the End User to treat Merchant Certificates and reference numbers the same as they would cash.
Reproduction, sale, or trade of Merchant Certificates is prohibited unless done so in compliance with the law and the Terms of Use of this Site.
Any attempted redemption not consistent with these Terms of Use will render the Merchant Certificates void.
Any use of Merchant Certificates not consistent with these Terms of Use is void to the extent prohibited by law.
Merchant Certificates cannot be exchanged unless all locations of a merchant have ceased operation making the Merchant Certificates unusable. In this circumstance, YoloDeals will offer the holder of the Merchant Certificates the opportunity to exchange the Merchant Certificate for another certificate of equal value available at that time if the Merchant Certificate has not expired or will make a cash refund to the certificate holder.
All Merchant Certificates expire one (1) year from date of issue, except in California and where otherwise prohibited by law, unless otherwise stated.
All Merchant Certificates are subject to additional terms and limitations as allowed by law.

4. Additional Terms and Conditions for All Products

All certificates printed from the Site or any website associated with YoloDeals (hereinafter "Certificates") are promotional certificates that are offered to End Users below their face value and shall be honored only in combination with additional consideration and subject to the terms and conditions of YoloDeals and the participating restaurant or merchant. Certificates do not provide End Users with an absolute right to redeem a certificate for its full value without such additional consideration unless required by law.

By purchasing a Certificate, an End User acquires the right to print a Restaurant Certificate or Merchant Certificate, issued by any one of the numerous participating non-affiliated restaurants and merchants. Upon completion of such transaction, the End User acquires that right and has that right delivered to him or her. Whether the End User chooses to print the Certificate is at the End User's sole discretion; although YoloDeals recommends immediately printing the Certificate for future use. Whether the End User chooses to use the Restaurant or Merchant Certificate after printing it to get a reduction in price of a meal or a good is at the End User's sole discretion. YoloDeals and the participating restaurants and merchants encourage End Users to print the certificates and use them promptly at the selected restaurants and merchants as all certificates have an expiration date. All certificates expire within one year of purchase unless stated otherwise.

The holder and issuer of a Restaurant Certificate is the restaurant listed on the Restaurant Certificate. The holder and issuer of a Merchant Certificate is the merchant listed on the Merchant Certificate. As a holder and issuer of the certificate, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of an End User, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed certificates. Restaurant Certificates and Merchant Certificates are redeemable in their entirety only and may not be redeemed incrementally. Failure to follow the Terms of Use as outlined here may result in you forfeiting all rights of use of the Certificate.

III. CREDITS/PROMOTIONS

1. YoloDeals may, at its sole discretion, issue credit(s) to End User's account in lieu of Restaurant or Merchant Certificate exchanges or in connection with promotions, contests or giveaways. Credit(s) expire one year from date of issue, unless otherwise stated.

2. All promotions, contests or giveaways are for a limited time only and may be discontinued at any time without prior notice to End User.

TERMS OF USE ACCEPTANCE, INCLUDING SECTION 1. TERMS OF SERVICE, SECTION 2. TERMS OF SALE, AND SECTION 3. CREDITS/PROMOTIONS

These Terms of Use constitute the entire agreement between you and YoloDeals regarding the use of the Site, superseding any prior agreements between you and YoloDeals relating to your use of the Site. The failure of YoloDeals to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Please review these Terms of Use periodically as YoloDeals reserves the right to modify, update, or delete provisions as it deems necessary.