FetchDeals.com Terms and Conditions
By using the FetchDeals.com website (the "Site") and/or enrolling in the FetchDeals.com cash back rewards program (the "Program"), you agree that you have read, understand and agree with our terms and conditions (these "Terms") in their entirety, and consent to be bound by FetchDeals.com’s privacy policy ("Privacy Policy") and the end user license agreement ("End User License Agreement" or "EULA") for our Toolbar (as defined below), which are incorporated herein by reference. If you do not agree to abide by these agreements and policies you should not use the Site or the Toolbar. You acknowledge FetchDeals.com's right to change these Terms, without prior notification. You are responsible for checking periodically for updates to the Terms. If we make material changes to the Terms we will notify you by email or by means of a notice on our home page. Your continued enrollment in the Program and use of the Site and/or Toolbar following any such change shall be deemed to be your acceptance of the Terms, as modified.
If you need any assistance with the Site, please contact customer service at http://www.FetchDeals.com/Contact.html.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 13 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT AS WELL AS CERTAIN LIMITATIONS ON OUR LIABILITY TO YOU WHICH ARE SET FORTH IN PARAGRAPH 11.
The following terms are used throughout the Terms, Privacy Policy and EULA and may be interpreted only according to the definitions given here. These terms are capitalized throughout these documents to indicate that they have been specifically defined.
Affiliate Stores: The national retailers and specialty boutiques that participate in the Program, compensate FetchDeals.com on a transactional basis, and whose deals are featured on the Site.
Dormant Account: A Member's account that has not been credited with a Purchase during any rolling twelve consecutive calendar month period.
Member: Anyone who meets FetchDeals.com's membership requirements and sets up a membership account with FetchDeals.com.
Minimum Amount: The minimum balance in a Member's account from Rewards that is required for Member to acquire a conditional right to obtain a payment. The minimum amount is currently $20.00 in Rewards. Merchandise returns, Dormant Account balance reductions, or prior Reward payments made to the Member will be deducted from the Member's account. A Member has no right to payment until that Member's account has reached the Minimum Amount; and that Member has complied with the requirement to verify his or her information by a return email prior to the deadline date specified in the verification email sent by FetchDeals.com.
Purchases: Transactions that are eligible for a Reward, and made by a Member at Affiliate Stores by the Member clicking through the appropriate affiliate links on the FetchDeals.com website; or, for certain Affiliate Stores, through the Toolbar. A Purchase made by a Member ceases to be a Purchase if it is returned to the Affiliate Store.
Reward(s): Credit(s) to Members' accounts via Purchases of goods and services.
Toolbar: a downloadable software tool shows up on Member’s internet browser whenever they are online and gives the Member access to special offers, provides alerts when Affiliate Stores have coupons, discounts and special deals; and provides access to other specials on the Site.
User: Anyone who uses the Site without becoming a Member.
2. Provisions of the FetchDeals.com Program
a. Purchases, Credit Accrual and Payments. To be eligible Rewards you must make a Purchase. In order to make a Purchase, you must satisfy the following criteria:
- You must have cookies enabled on your Web browser.
- You must click on the Affiliate Store's link that appears on the FetchDeals.com Site or click on a Toolbar alert or information bar, and be successfully connected to the Affiliate Store's website based on that click.
- You must complete the Purchase during the same browser session immediately following the initial click-through to the Affiliate Store's website. If you are making multiple purchases from multiple stores, you must return to Site after completing a transaction and then click on the new Affiliate Store's link that appears on Site.
Determination of whether or not a transaction at a FetchDeals.com Affiliate store is a Purchase is at the sole and absolute discretion of FetchDeals.com. FetchDeals.com reserves the right to make adjustments for returns, system errors and cancellations. FetchDeals.com is not responsible for tracking problems resulting from incorrect usage of the Site, from disabling or clearing cookies, or from any other failure of tracking mechanisms software.
Within a few days of a transaction, the transaction is posted to a Member’s account as a pending Purchase in the net amount of the Purchase (i.e., the net amount excludes taxes, fees shipping, gift-wrapping, discounts or credits, returns or cancellations, and the cost of extended warranties). It can take up to 90 days for a pending Purchase to become a confirmed Purchase in a Member’s account. This will be done when FetchDeals.com receives payment from the Affiliate Store and such payment is not subject to reduction or claw-back by the Affiliate Store. Please also note that certain Affiliate Stores exclude a limited number of items or products from the Program. We will endeavor to maintain an up-to date list of exclusions on our Site.
Subject to compliance with these Terms and Conditions, on the first day of the month following the date on which a Member's account reaches the Minimum Amount a payment will be made to the Member in the net amount earned on Purchases.
All Rewards are paid in U.S. dollars. You must have accrued the Rewards as defined in Section 1 in your account for a payment to be issued. If you have less than Minimum Amount in your account, the Rewards amounts roll over to the next scheduled payment period, unless your account becomes a Dormant Account.
b. Verification Necessary to Receive a Check. Prior to issuing you a check or payment via PayPal, FetchDeals.com will email you to verify your contact information. You need to verify your information on our Site prior to the deadline date specified in the verification email. If you fail to verify your contact information on our Site by the deadline date specified in the email, your payment will automatically roll over to the next scheduled payment period unless your account becomes a Dormant Account. Rewards and any balance listed in your account are of no value until a check or payment via PayPal is actually issued to you in connection with these Terms, which requires that you have the Minimum Amount in your account AND that you have verified your information on our Site prior to the deadline date specified in the verification email. Any account that currently has a balance less than the Minimum Amount, regardless of whether that account may have previously had a balance in excess of the Minimum Amount, has no value.
You are responsible for adding FetchDeals.com to your email service provider's safe sender list. FetchDeals.com is not responsible for a Member's failure to receive an email from FetchDeals.com because the email was blocked, filtered, quarantined, placed in a junk mail folder, or otherwise not delivered to the Member's email account on file with FetchDeals.com.
Please keep your email address on file with us current. FetchDeals.com uses your email to contact you. If your email is not current with us, you may not receive your email requesting contact verification, and thus not receive your check or payment via PayPal.
c. Dormant Account Balance Reductions. It costs us money to maintain member accounts in which there is no activity for an extended period of time. For this reason, we apply balance reductions (i.e., we reduce the balance in the account to zero) to accounts that have no activity in the previous 12 months.
d. Account Adjustments. Rewards accrued to your account are subject to adjustment due to cancellations, returns and other events. FetchDeals.com can make such adjustments to Member accounts at any time at its sole discretion. In the event you disagree with any adjustment made to your account, you need to let us know by email within thirty (30) days after the disputed adjustment has been posted to the Rewards section of your account. After 30 days, your sole recourse is to terminate your account with FetchDeals.com.
e. Missing Transaction Credits. Members who believe Rewards from a pending Purchase is missing from their account 15 days or more after the date of the transaction must contact FetchDeals.com by using the "Contact Us" form and including the Merchant name, date of transaction, subtotal of transaction, and confirmation number. FetchDeals.com is not responsible for missing transaction(s) beyond ninety (90) days of the original transaction date. FetchDeals.com will adjust the Member's account within thirty (30) days of the date the inquiry is received if the transaction is determined to be a Purchase.
Any content posted on Site, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of FetchDeals.com or any person or entity associated with it. You agree that neither FetchDeals.com, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our Site. You agree that you will not use our Site to post any material or links to any material, or to attach files, which include material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violate any law.
We reserve the right in our absolute discretion to terminate the accounts of members who infringe copyright or any other intellectual property right. You agree you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you.
You hereby grant FetchDeals.com a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit and otherwise use content and information you post on Site for any purpose and in any media now known or hereinafter developed. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information.
The Toolbar is designed to help you take advantage of Rewards or coupons provided by the Affiliate Stores ("Coupons"). For example, you can use the Toolbar to perform a FetchDeals.com search from any site on the Web, or to search for specific products or Coupons on any given page while you are browsing on the Web. The Toolbar also offers users exciting features such as text alerts displayed in the toolbar and/or "sliders" displayed in an information bar between the toolbar and the webpage whenever an Affiliate Store site that you have visited has a sale or special! Once you install the Toolbar, for ease of use it will be visible in your Web browser window whenever you are connected to the Internet.
The Toolbar uses information from your browser activity to select shopping alerts that are relevant to your browser activity. Information necessary to provide these alerts to you is stored in local files within a temporary Toolbar folder.
When you enter the URL of an Affiliate Store's web site into your browser, the Toolbar is designed to recognize the Affiliate Store's website, and redirect you through the FetchDeals.com website to the Affiliate Store’s website. If there are Rewards and/or Coupons available, you will see an alert on the Toolbar or a slider in your Internet window. You will then need to click on the alert or slider, which will take you to the Affiliate Store's page on our Site. There, you will find postings for the available Rewards and/or Coupons. By clicking out from any link on this Affiliate Store page on our Site to the Affiliate Store itself, you will be eligible for the available Rewards and/or Coupons. To fully take advantage of FetchDeals.com’s features, we recommend that you download and install the Toolbar.
If you decide at any time that you wish to remove the Toolbar from your computer, it is easy to do so from the Uninstall function under the toolbar options menu.
In addition to the Toolbar, we may, from time-to-time, make available a limited number of applications to assist users in earning Rewards without visiting the Site (for example, from mobile devices or in-store). If you use the Toolbar or any such applications you agree to use them only for your personal use and for accessing the Program. We reserve the right to update or discontinue the Site, the Toolbar or any applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of the Site, the Toolbar or the applications for any reason. You may not rent, sell, or sublicense the Site, the Toolbar or the applications without FetchDeals.com’s prior written consent.
The Site, the Toolbar and the applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, the Toolbar and the applications you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. All rights to the Site, the Toolbar and the applications are reserved by FetchDeals.com under the copyright laws of the United States.
a. Referral Commissions
At a future date, FetchDeals.com may offer referral commissions and s credit may be posted to your Member account when someone registers with FetchDeals.com, names you as the referring party on his or her registration form, and makes a Purchase within 30 days of registration. If the referred individual is already a registered Member of FetchDeals.com, no referral commission is earned.
FetchDeals.com reserves the right to end the referral commission program, change the commission rate or otherwise modify the program in any way, at any time, and without notice, although all previously properly posted referral commissions will be paid per the above terms should this occur.
Members may not use unsolicited email, Usenet, or message board postings ("SPAM") to gather referrals or Rewards. Any use of SPAM to promote FetchDeals.com, as determined at the sole and absolute discretion of FetchDeals.com, will result in the termination of your account and forfeiture of all accrued Rewards and referral credits. In addition, you may be subject to state and federal penalties or other legal consequences under applicable law.
From time to time, in its discretion, FetchDeals.com may offer other promotional bonuses. The terms and conditions applicable to those bonuses will be explained separately in conjunction with those bonus offers.
6. FetchDeals.com's Deal Posting Policies
If members are allowed to post deals, coupons, and sales (collectively, "Coupons") on FetchDeals.com for the benefit of our entire community, we do ask that you abide by the following guidelines:
- Both corporate discount Coupons (i.e., Coupons which allow a discount to corporate entities rather than individuals) and employee discount Coupons (i.e., Coupons which allow a discount for employees of a specific company) are prohibited.
- All posted links must be fully functional.
- Coupons that pertain to products and/or information that is pornographic, hate-related, libelous or otherwise objectionable are prohibited and such determination will be made at the sole discretion of FetchDeals.com.
- Coupons for points, miles, or other non-transferrable membership benefits are prohibited.
- If we are notified by a merchant that a posted Coupon is not valid, or if the Merchant requests for any reason that we remove a coupon, we have the right to remove it immediately from Site without prior warning.
- All trademarks on the FetchDeals.com Site are the property of their respective owners.
- We have the right to remove and/or prohibit the posting of any content that we deem unacceptable for any reason, without prior notice to the contributor.
a. Compliance with Membership Terms and Conditions. Membership in the FetchDeals.com program is subject to these Terms and Conditions. FetchDeals.com reserves the right to terminate your membership for failure to comply with the Terms and Conditions, any fraud or abuse relating to the accrual of Rewards, misrepresentation of any information provided to FetchDeals.com or its Affiliate Stores or any other reason deemed appropriate in FetchDeals.com's sole discretion. If your membership is terminated by FetchDeals.com, FetchDeals.com may refuse to pay some or all of the amounts credited to your account if such amounts appear to have been earned in violation, or after violation, of these Terms and Conditions or appear to have been otherwise unlawfully obtained. Should your account be terminated by FetchDeals.com, you are prohibited from re-enrolling under a new account unless expressly invited to do so by FetchDeals.com.
b. Must be 18 Years of Age. You must be 18 years or older to participate in the Program. You must be a legal resident of and maintain a physical address in the United States (no P.O. boxes).
c. Acceptable Use. You may maintain only a single account in the program at any given time. Any duplicate accounts are subject to cancellation and the potential loss of Rewards.
No machines, scripts or automated services may be used in the Program. Any attempt to tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of any part of FetchDeals.com will result in termination of membership, loss of Rewards and bar you from future participation, and may result in legal action.
The use of any trademarks on FetchDeals.com, including but not limited to those belonging to our Affiliate Stores, is prohibited without express written permission from FetchDeals.com and/or the owner of any such trademark.
d. Update Contact Information. You agree to provide FetchDeals.com with accurate contact information and keep it updated in order to facilitate the payment of your Rewards. It is the Member’s responsibility to update accurate contact information in their account; otherwise we may send Rewards to an outdated or wrong address. FetachDeals.com will not be liable to its Members for Rewards sent to an incorrect or outdated address.
e. Protecting You Password. Your password and account are personal to you and are non-transferable. You may not allow anyone else to use your password or account. FetchDeals.com is entitled to act on instructions received under your password and shall not be liable for losses that are incurred through the use of your password by a third party. Rewards earned under the program cannot be assigned or transferred to a third party.
f. Potential Tax Obligations. You may be taxed on your receipt of Rewards depending on the amount you receive and the tax laws of your federal, state and local jurisdictions. You will be responsible for any and all tax liabilities arising out of your receipt of Rewards.
g. Cancellation of Your Membership. FetchDeals.com may cancel your account if your account has become a Dormant Account and has a balance of /var/www/trustcooper/html/cgi-bin/main.cgi.00. You may cancel your membership at any time by contacting Customer Service. Should you decide to cancel your membership you will forfeit all earned Rewards, and any other account balances. If you choose to re-enroll at a later date, you will be assigned a new account with a starting balance of /var/www/trustcooper/html/cgi-bin/main.cgi.
FetchDeals.com reserves the right to immediately terminate the Program at any time with notice. You will have thirty (30) days from the date notice of program termination is provided to redeem your Rewards if, at the date notice of termination is given, your Rewards account balance equals or exceeds the then-current Minimum Amount. To receive payment of your Rewards you need to respond to the email sent to you by FetchDeals.com regarding verification of your contact information and notification of program termination. Should you not respond to the aforementioned email within 30 days of notification of Program termination, you will forfeit any and all Rewards that remain in account. Notification of Program termination shall be effective upon our sending such notice to the email address on file in your account.
9. Data Security; Promotional Messages; Privacy Policy; EULA
a. Data Security. FetchDeals.com has security measures in place to protect the information within our control from loss, misuse or alteration. We employ industry standard procedures, such as firewall and Secure Socket Layer (SSL) encryption, to safeguard the confidentiality of your personal information. However, no data transmitted over the Internet can be 100% secure. Consequently, while FetchDeals.com makes every effort to protect your personal information, any information that you provide to FetchDeals.com or its Affiliate Stores is transmitted at your own risk.
b. Promotional Messages/Opt-out. When you join the FetchDeals.com program, you are given the option to agree to receive FetchDeals.com notifications and promotional emails, e-newsletters and other email special offers. If you change your mind and do not wish to receive these emails, you may opt out at any time by updating your account information by clicking on the unsubscribe link on the email itself, or by clicking on the My Account link at the top of the FetchDeals.com homepage.
In addition, by joining FetchDeals.com, you have authorized us to receive account information from Affiliate Stores including, but not limited to, information on Purchases such as the products ordered, the order number, the time and date of the Purchase, the amount of the Purchase(s), SKU data, and the email address entered for the Purchase.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE OR THE TOOLBAR, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FETCHDEALS.COM MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE TOOLBAR OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE OR THE TOOLBAR, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FETCHDEALS.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE TOOLBAR IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF SITE. FURTHER, FETCHDEALS.COM MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
FETCHDEALS.COM DOES NOT WARRANT, GUARANTEE, OR ENSURE:
- THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY ITS AFFILIATE STORES
- THAT COUPONS APPEARING ON THE SITE OR THE TOOLBAR WILL BE ACCEPTED BY AFFILIATE STORES OR OTHER MERCHANTS
- THAT COUPONS WILL BE USABLE OR THAT AMOUNTS SHOWING ON COUPONS ARE CORRECT
FETCHDEALS.COM IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OF, ANY AFFILIATE STORE, OR FOR ANY AFFILIATE STORE WITHDRAWAL FROM THE PROGRAM OR FOR ANY EFFECT ON ACCRUAL OF CREDITS CAUSED BY SUCH CHANGES, DISCONTINUANCE OR WITHDRAWAL. FETCHDEALS.COM IS ALSO NOT RESPONSIBLE FOR ANY CHANGES TO, OR DISCONTINUANCE OF, ANY SPECIAL OFFER OR COUPON CODE AT AN AFFILIATE STORE’S SITE OR ANY FAILURE TO RECEIVE INFORMATION FROM AN AFFILIATE STORE REGARDING A PURCHASE AND IS NOT REQUIRED TO CREDIT YOUR ACCOUNT FOR A PURCHASE MADE BY YOU IF FETCHDEALS.COM DOES NOT RECEIVE INFORMATION REGARDING THE PURCHASE.
IN NO EVENT SHALL FETCHDEALS.COM OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF FETCHDEALS.COM OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF SITE OR THE TOOLBAR OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. FETCHDEALS.COM'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE, WILL NOT EXCEED .00.
CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold FetchDeals.com, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising in any way out of your participation in the program, your use of the Toolbar, any violation of these Terms and Conditions, the Privacy Policy or the EULA (collectively, the "Agreement") by you, or the infringement by you, or another User of the program using your account, of any intellectual property or other right of any person or entity, or claims arising out of any threatening, libelous, obscene, harassing or offensive material contained in any of your postings or other communications.
a. Purpose. If you have a Dispute (as defined below) with FetchDeals.com that cannot be resolved through an informal dispute resolution with FetchDeals.com, you or FetchDeals.com may elect to arbitrate that Dispute in accordance with the terms of this Paragraph 13 (the "Dispute Resolution Provision") rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
b. Definitions. The term "Dispute" means any dispute, claim, or controversy between you and FetchDeals.com regarding any aspect of your relationship with FetchDeals.com, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution Provision (with the exception of the enforceability of the class action waiver clause provided in this paragraph). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Dispute Resolution Provision, "FetchDeals.com" means FetchDeals.com and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
c. Right to Opt Out of Arbitration. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY FETCHDEALS.COM IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT BY VISITING http://www.FetchDeals.com, OR BY MAIL TO FETCHDEALS.COM, 228 Parv Ave S # 29051 NEW YORK, NY 10003-1502. YOUR WRITTEN NOTIFICATION TO FETCHDEALS.COM MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH FETCHDEALS.COM THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH FETCHDEALS.COM OR THE DELIVERY OF SERVICES TO YOU BY FETCHDEALS.COM. IF YOU HAVE PREVIOUSLY NOTIFIED FETCHDEALS.COM OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
d. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or FetchDeals.com elect to resolve your Dispute through arbitration pursuant to this Dispute Resolution Provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association ("AAA"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
e. Arbitration Procedures. Because the Service(s) provided to you by FetchDeals.com concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from FetchDeals.com may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Dispute Resolution Provision.
If there is a conflict between this Dispute Resolution Provision and the rules of the arbitration organization chosen, this Dispute Resolution Provision shall govern. If the arbitration organization that you select will not enforce this Dispute Resolution Provision as written, it cannot serve as the arbitration organization to resolve your dispute with FetchDeals.com. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Dispute Resolution Provision as written. If there is a conflict between this Dispute Resolution Provision and the rest of this Agreement, this Dispute Resolution Provision shall govern.
A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
f. Restrictions:
YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH FETCHDEALS.COM UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.
g. Location of Arbitration. The arbitration will take place in New York, NY.
h. Payment of Arbitration Fees and Costs. FETCHDEALS.COM WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN FETCHDEALS.COM'S FAVOR, YOU SHALL REIMBURSE FETCHDEALS.COM FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE FETCHDEALS.COM FOR ANY OF THE FEES AND COSTS ADVANCED BY FETCHDEALS.COM. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, FETCHDEALS.COM WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
i. Severability. If any clause within this Dispute Resolution Provision (other than the class action waiver clause identified above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Resolution Provision, and the remainder of this Dispute Resolution Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Dispute Resolution Provision will be unenforceable, and the dispute will be decided by a court.
In the event this entire Dispute Resolution Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Dispute Resolution Provision, you and FetchDeals.com have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
j. Exclusions from Arbitration. YOU AND FETCHDEALS.COM AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY FETCHDEALS.COM THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF A SERVICE.
k. Continuation. This Dispute Resolution Provision shall survive the termination of your customer relationship with FetchDeals.com.
SPECIAL NOTE REGARDING ARBITRATION FOR CALIFORNIA AND/OR WASHINGTON STATE CUSTOMERS:
IF YOU ARE A FETCHDEALS.COM CUSTOMER IN CALIFORNIA AND/OR WASHINGTON STATE, FETCHDEALS.COM WILL NOT SEEK TO ENFORCE THE ARBITRATION PROVISION ABOVE UNLESS WE HAVE NOTIFIED YOU OTHERWISE.
14. Entire Agreement; Enforceability; Relationship of the Parties
This Agreement constitutes the entire Agreement between you and FetchDeals.com in connection with your membership in the Program and use of the Site and the Toolbar and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and FetchDeals.com or between FetchDeals.com and its Affiliate Stores. Neither the Affiliate Stores nor any other third party shall have the ability to create obligations on FetchDeals.com's behalf.
The failure of FetchDeals.com to insist upon performance of any provision of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, this Agreement, shall not be construed as thereafter waiving any of provisions of this Agreement. Any waiver must in writing and signed by FetchDeals.com.
16. Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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;
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Fetch Deals, Inc.
d/b/a FetchDeals.com
Attn: General Counsel
228 Park Ave S # 29051
New York, NY 10003-1502