Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the dailydealsco.com website and any associated mobile and software applications on which these Terms are posted (the “Service” or “Website”) These terms are used for us (“dailydealsco,”, “us,” “we,” or “our”). The Service includes all goods or services displayed on or offered through the Website. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By visiting our site and/ or purchasing something from us, you engage in our “Service”. You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to all site users, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please be sure to read these Terms of Service carefully before you’re able to access or use our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Please check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Dispute Resolution and Mandatory Arbitration
We encourage you to seek resolution of any “Claim” by contacting us at the contact information below. “Claim(s)” means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, “Company Entities”) related to or arising out of these Terms, the Privacy Policy, or the Service, including but not limited to any claims related to or arising from any goods or services displayed on or offered through the Website, regardless of legal theory. If we cannot reach an informal resolution, the arbitration provisions below will govern.
Binding Arbitration and Waiver of Class Actions. To the fullest extent permitted by applicable law, the parties agree to resolve all claims against each other or company entities by binding arbitration in Ohio before one arbitrator. Any election to arbitrate by one party shall be final and binding on the others. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claims. The parties agree to waive any right to join claims with others or otherwise proceed in a class action or representative capacity. You acknowledge that, without this provision, you would have had the right to sue in court with a jury or participate in a class action. Each party knowingly, intentionally, and voluntarily waives any right each may have to a trial by jury or to a class action. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules, including its Supplementary Procedures for Consumer-Related Disputes, unless the parties mutually agree to arbitration by a different arbitrator. The AAA’s rules are available at www.adr.org. The arbitrator shall apply Ohio laws. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in Ohio. The parties each waive any objection to personal jurisdiction and venue. Upon request, we will pay your initial arbitration fee to AAA; however, if the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose, you will be responsible for reimbursing us for the initial arbitration fee without limiting any other remedy available to us. The prevailing party shall receive its reasonable attorney’s fees, legal costs, and any expenses incurred in such arbitration, and the arbitrator shall determine the prevailing party for this purpose. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less.
Provisional Remedies, Venue. This agreement to arbitrate does not preclude the parties from seeking provisional remedies, including orders to stay court action or compel arbitration, or from applying to a court for a temporary restraining order or preliminary injunction, including to preserve intellectual property rights, in state or federal courts in Ohio. The parties waive any objection to personal jurisdiction and venue in Ohio.
Choice of Law. These terms shall be interpreted as though executed in Ohio and governed by Ohio laws without regard to conflict of law principles.
Disclaimer for Third-Party Information and Third-Party Products
The Service allows users to search for and purchase products manufactured by third parties. DailyDealsCo does not manufacture any products. The product descriptions and instructions provided by the Service are for informational purposes only and are entirely qualified by the information available from the manufacturers of the products. Please carefully read all product packaging and contact the manufacturer with any questions before using a product. Third-party authors are solely responsible for their content. DailyDealsCo does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will DailyDealsCo be responsible for any loss or damage resulting from your reliance on third-party information or other content posted through the Service.
While we endeavor to ensure that product descriptions are current, manufacturers sometimes change their products, packaging, and product descriptions. We are not liable for inaccuracies or misstatements about products. We do not provide medical advice or recommendations of any kind.
You should not use the information provided by the Service for diagnosing or treating a health problem or disease. If you have or suspect a medical problem, immediately contact your healthcare provider. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration or any other government agency and are not intended to diagnose, treat, cure, or prevent any disease.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or another payment method (s) in connection with any Purchase; and that (ii) the information you supply to us is accurate, correct, and complete.
The Service may employ third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Just to let you know, historical data, necessarily, is not current and is provided for your reference only. We reserve the right to change the contents of this site at any time, but we don’t have to update any information on our site. You agree that it is your responsibility to monitor our site changes.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Shipping
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.
Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Membership Fees for Annual Plans may be canceled upon 30 days’ notice. Any cancellations to membership are subject to a pro-rated refund to the nearest calendar month.
No refunds will be issued for membership fees if a member requests assistance in providing customized invoices or other documentation necessary to establish themselves as a re-seller in a particular category, brand, or product.
Non-Refundable Services
The following products and services are NON-REFUNDABLE. All sales are considered final:
- Quarterly Membership Plans
- FBA Services
- Customization Request
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited and becomes the sole responsibility of the member.
We do not warrant that all of our products are eligible for Amazon’s Fulfilled by Amazon (FBA) program. It is the member’s responsibility to ensure the products purchased comply with Amazon policy. You agree that some products are inherently ineligible. In matters where the product is ineligible, all sales are final and subject to storage and handling fees and restocking fees of up to 20%. If the products are not claimed, they will be deemed abandoned by you and otherwise disposed of.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. The carrier you select for shipping is subject to change and is at the discretion of our shipping department. Factors used in considering the shipping carrier include, but are not limited to, feasibility and address accuracy.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may try to inform you by contacting the e-mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed in bad faith by dealers, resellers, or distributors.
Suppose, at any time, we record a decline, chargeback, or other rejection of a charge of any due and payable Subscription Fees on the Customer’s Account (“Chargeback”). In that case, this will be considered a breach of the Customer’s payment obligations hereunder. The customer’s use of the Service may be disabled or terminated. Such use of the Service will not resume until Customer re-subscribes for any such Service and pay any applicable Subscription Fees in full, including any fees and expenses incurred by us and any Third Party Service for each Chargeback received (including handling and processing fees incurred by the payment processor), without derogating from any other remedy that may apply to us under these Terms or applicable law.
Suppose you place a chargeback with your credit card company (on purpose or by mistake) for any deposit you made in your Account with us. In that case, we reserve the right to charge a research fee to your Account upon receiving the chargeback from our merchant provider to cover our investigative expenses to prove that you did make the deposit. We wanted to let you know that you authorized us to charge this amount to your credit card.
Chargeback
If we receive a chargeback from your credit card issuer or for any other payment method for any reason, you acknowledge that we have the right to:
- Immediately hold any OR all of your open orders, whether a loss or a profit and liquidate your Account with or without any notice; and
- Immediately place restrictions on your Account with or without any notice, including but not limited to: the restriction on placing further orders using any payment method on your membership account, rules on requesting shipping, restrictions on opening new member accounts with the duration of the limitation to be set at the Company’s discretion; and
- Terminate the membership account permanently.
Dailydealsco cannot be held liable for any loss, cost, or charge incurred directly or indirectly from exercising our rights to place restrictions on your Account as provided in Clause of Dailydealsco terms and conditions. You also agree that exercising our rights under this Member Agreement does not affect, diminish, influence, or change our rights to make amendments under this Member Agreement.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our returns policy.
Accounts
To access certain aspects of the Services, you must have an account associated with a valid email address and a valid form of payment. When you create an account with us, you guarantee that you are above the age of 18 and legally qualified to enter into contracts and that the information you provide us is accurate, complete, and current at all times. You agree to immediately update your account if your contact or payment information changes. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. DailyDealsCo shall not be liable for any loss that you incur because of someone else using your account, either with or without your knowledge.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Third-Party Links
Certain content, products, and services available via our Service may include third-party materials.
Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Prohibited Activities
Without limiting any other provision of these Terms, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to impersonate anyone or submit any false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website or other network; (l) using an account not intended for you or breaching any authentication or password features without proper authorization; (m) to attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any source code used by DailyDealsCo; and (n) to create multiple accounts to promote your (or another’s) business. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
User Comments, Feedback, and Other Submissions
If at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You also agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or a third party as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We’re not responsible for any comments you or any third party comments.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement,” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorney’s fees) for misrepresentation or bad-faith claims of Infringement of any content found on and/or through the Service on your copyright.
You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Agent via email at [email protected].
Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or concerning The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the State of Virginia. By using our services, you consent to jurisdiction within the State of Virginia and venue in the County of Roanoke. In the event any dispute arises, you agree to be liable for attorney’s fees, costs, travel expenses, lodging expenses, and consequential damages in connection with challenging the jurisdiction of the commenced action.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Information
Questions about the Terms of Service should be sent to us at [email protected].
