Terms of Use
These Terms of Use were last updated on March 23, 2012.

ACCEPTANCE OF TERMS OF USE
DealPoint Inc. (“DealPoint or “us” or “our”) operates this website, www.DealPoint.net, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the "Site" in these Terms of Use. By using our Site and DealPoint's services through the Site, you (“you” or, “End User”) agree to these Terms of Use, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY DEALPOINT SERVICE OFFERED THROUGH THE SITE.
We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by posting notice of the change on the Site, and will indicate at the top of this page the date that those revisions were last made. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site, provided that, these changes will not apply to certificates (as defined below) acquired prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and for all certificates acquired after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not l imited to, requirements for access or use.

1. Permitted Uses
The Site provides an interactive online service operated by DealPoint, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making certificates for Merchant goods and services (“certificates”) available to its users. Certificates may be obtained on the Site by DealPoint account holders and applied against goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that: (i) you are an individual person at least 18 years of age; (ii) you possess the authority to create a binding legal obligation; and (iii) your use of this Site will at all times comply with the terms of this Agreement.

2. Your Conduct on our Site
Our Site is private property. The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your DealPoint account or in order to create multiple DealPoint accounts;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by DealPoint;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with DealPoint;
  • Reselling or repurposing your access to the Site or any deals made through the Site;
  • Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of DealPoint to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with DealPoint, including without limitation, aggregating current or previously offered deals;
  • Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Using any DealPoint account to generate certificates for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
  • Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Modifying, adapting, appropriating reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the Site or Site Content except as expressly authorized by DealPoint;
  • Reverse engineering any portion of the Site;
  • Removing or modifying any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
  • Recording, processing, or mining information about other users;
  • Reformatting or framing any portion of the Site;
  • Using any device, software or routine that interferes with the proper working of the Site, or otherwise attempting to interfere with the proper working of the Site;
  • Removing, circumventing, disabling, damaging or otherwise interfering with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with transactions facilitated by this Site) with material from other sites or on a secondary site without our express written permission;
  • Deep-linking to any portion of this Site (including, without limitation, the order path for any certificate) without our express written permission; or
  • Acting illegally or maliciously against the business interests or reputation of DealPoint, our Merchants or our services.

3. Creating an Account on our Site
You do not have to be a DealPoint member to use this Site. However, you are required to register with DealPoint in order to access and use certain features and services that DealPoint offers, including the ability to negotiate and claim personalized certificates with Merchants (the "Services"). Registration is free. If you create an account on our Site, (i) you may only create and hold one personal account that you are solely responsible for managing,(ii) you may only make deals on the Site for your own use and enjoyment, or, when offered, as a gift for another; and (iii) you may only negotiate and certify legitimate deals that comply with the letter and spirit of the terms of the respective offers.
Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed certificates in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your DealPoint account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
When you register with DealPoint, you will be asked to provide us with your name, email address and other information that we may request, all of which will become part of your account ("Account Data"), and which you can add to or change from time to time. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Account Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or DealPoint has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof). You agree to immediately notify DealPoint of any unauthorized use of a member's account or any breach of security, including loss, theft, or unauthorized disclosure of member's password. Members should be cautious about sharing their account information with third parties. Each member is responsible for the confidentiality of her/his password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the member. Registration data and certain other information about you are protected and governed by the DealPoint Privacy Policy.

4. Communications from DealPoint
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive our regular email newsletter about Merchants and promotions in your area or specialized alerts from DealPoint. To unsubscribe from any DealPoint email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing list.

5. Terms of Sale
Certificates you develop through our Site as a DealPoint account holder are special promotional offers that you create with participating Merchants through our service. The certificates are redeemable for discounts and other benefits against certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the certificate. The Merchant is solely responsible for redeeming the certificate. DealPoint is a service provider for the Merchant identified on the certificate and the Merchant is the issuer of the certificate and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a certificate or not. You waive and release DealPoint and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a certificate or the services/goods it provides in connection with it.
By acquiring any certificate you agree to these Terms of Use and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any certificate, you agree to these Terms of Sale specifically (“rules”) the terms on the certificate itself and any additional, deal specific terms advertising the certificate at the time of acquisition (collectively, the “fine print” regardless of how labeled). These rules apply to all promotional certificates that we make available, unless a particular certificate’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a certificate’s fine print, the certificate’s fine print will control.

Universal Terms of Sale for All Certificates Unless otherwise stated in the Certificate or required by law, all Certificates have the following terms and conditions:
  • Certificates have no cash value;
  • Certificates are not reloadable and are fully transferable;
  • No cash back for the unused portion of a partially redeemed certificate, except as required by law;
  • Certificates cannot be combined with other certificates, or other coupons or promotions;
  • Certificates cannot be used for taxes, tips, prior balances, or shipping and handling;
  • The certificate price, if any, does not include sales, use or value-added tax, any of which may be applied, as required by law, at the time the certificate is redeemed;
  • Unauthorized or unlawful reproduction, resale, modification or trade of certificates is prohibited;
  • Neither DealPoint nor the Merchant is responsible for lost or stolen certificates or certificate IDs (i.e., the unique ID numbers printed on the certificates);
  • Use of a certificate for alcoholic beverages is solely at the discretion of the Merchant and based on applicable law;
  • Issuance of credit for unused, expired or partially used certificates is at the sole discretion of the Merchant or as required by law;
  • Any attempt to purchase or redeem certificates in a means inconsistent with these Terms of Sale or the Terms of Use will render all certificates void and may lead to the suspension of the user’s ability to purchase or create future certificates;
  • Limit one certificate per redemption.
Specific Terms of Sale for Certificates
Each certificate will have its own specific Terms of Sale that will be printed on the certificate (referred to as “the Fine Print”). Any terms on the certificate supersede contradicting terms in the Universal Terms of Sale. Always tip based on the actual amount of what you bought and not the discounted price.

6. Site Availability
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. DealPoint retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

7. Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with DealPoint and the Site while it is being transmitted. In addition, DealPoint is not responsible for any data lost during transmission.

8. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

9. Unsolicited Ideas
We do not accept or consider, directly or through any DealPoint employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: (i) DealPoint has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and (ii) DealPoint will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

10. Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of DealPoint or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DEALPOINT IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. DealPoint owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You 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. You may download, print, and/or save copyrighted material for your personal, non-commercial use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of DealPoint or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
DealPoint is a trademark of DealPoint Inc. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with DealPoint shall not be deemed to be in the public domain but rather the exclusive property of DealPoint, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of DealPoint unless otherwise stated.
You will 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. DealPoint does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will 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, you warrant that the owner of such material has expressly granted DealPoint 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. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant DealPoint the right to edit, copy, publish and distribute any material that you make available on this Site.

11. Notice of Copyright Infringement
DealPoint reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide DealPoint with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for DealPoint’s notice of claims of copyright infringement is:
DealPoint Inc. Attn: Chipperson Law Group, 163 Madison Avenue, Suite 220-40, Morristown, NJ 07960-7397

12. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER DEALPOINT, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED; 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 CERTIFICATES PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEALPOINT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

13. Limitation of Liability.
IN NO EVENT SHALL DEALPOINT, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, AND OTHER INFORMATION CONTAINED THEREIN OR THESE TERMS OF USE. IN NO EVENT WILL DEALPOINT’S LIABILITY IN CONNECTION WITH A CERTIFICATE EXCEED THE AMOUNTS PAID FOR SUCH CERTIFICATE, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU, IF ANY, DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS.

14. Arbitration
We will make every reasonable effort to resolve any disagreements that you have with DealPoint. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against DealPoint arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or creation of any certificate(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and DealPoint; (b) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or DealPoint’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DealPoint will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor DealPoint shall be entitled to arbitrate their dispute.

15. Indemnification/Release.
You agree to defend, indemnify and hold harmless DealPoint, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release DealPoint from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a DealPoint certificate, and any conduct or speech, whether online or offline, of any other user.

16. Termination.
DealPoint may terminate these Terms of Use at any time. DealPoint reserves the right to change, discontinue or suspend the Site or any of the Services at any time for any reason. You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. Without limiting the foregoing, DealPoint shall have the right to immediately terminate or suspend any of your passwords or accounts in the event DealPoint considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

17. Privacy
This Site is governed by the terms and conditions set out in our privacy policy: www.dealpoint.net/privacy. Your use of the Site signifies acknowledgement of and agreement to our Privacy Policy.

18. Governing Law.
Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or DealPoint’s services shall be governed by the internal laws of the State of New Jersey, without regard to its choice of law rules and without regard to conflicts of laws principles. except that the Arbitration provision at Paragraph 14 shall be governed by the Federal Arbitration Act.

19. Additional Disclosures.
No waiver by either you or DealPoint of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The rights and remedies of DealPoint under these Terms of Use and any other applicable agreement between you and DealPoint shall be cumulative, and the exercise of any such right or remedy shall not limit DealPoint's right to exercise any other right or remedy.
The provisions of these Terms of Use apply equally to and are for the benefit of DealPoint, its subsidiaries, affiliates, Merchants 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.
DealPoint is located at1253 Springfield Avenue, Suite 258, New Providence, NJ 07974.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our 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 our Agreement shall continue in full force and effect.