Terms & Conditions
These Terms and Conditions were last updated on October 1st, 2012.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (“TERMS” OR “AGREEMENT”) BEFORE USING THIS SITE, THIS SERVICE, OR ANY OTHER CONTENT ACCESSIBLE ON OR THROUGH THIS WEBSITE.
1. Permitted Uses
Gluten-Free Saver (“SITE”) provides an interactive online service operated by Gluten-Free Saver, LLC, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”) available to its users. Vouchers may be purchased by Gluten-Free Saver account holders and exchanged for 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:
- You are an individual person at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- Your use of this Site will at all times comply with the terms of this Agreement;
If you elect to create an account:
- You may create only one account for your personal use;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective promotions;
- You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by
- You represent that you have the right to provide any and all information you submit to the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete
2. Availability of the Site
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. Gluten-Free Saver 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.
3. Ownership of the Site
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. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, images, software, products or services obtained from or through the Site.
4. 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 can’t be, and are not responsible for, the security of information that you choose to communicate with Gluten-Free Saver and the Site while it is being transmitted. In addition, Gluten-Free Saver is not responsible for any data lost during transmission.
5. Your Conduct on our Site
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms and Conditions. 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 account or in order to create multiple 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 Gluten-Free Saver;
- 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 purpose, or to compete, directly or indirectly with Gluten-Free Saver
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Gluten-Free Saver to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Gluten-Free Saver, including without limitation, aggregating current or previously offered promotions;
- Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
- Exceeding or attempting to exceed quantity limits when purchasing promotions or otherwise using any Gluten-Free Saver account to purchase promotions 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;
- 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 purchases made through 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 purchase path for any promotion) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Gluten-Free Saver, our Merchants or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
6. Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. 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 vouchers 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 Gluten-Free Saver 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.
7. Terms of Sale
Promotions you purchase through our Site as a Gluten-Free Saver account holder are special promotional offers that you purchase from participating Merchants through our service. The promotions are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher 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 voucher or not. You waive and release Gluten-Free Saver 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 voucher or the services/goods it provides in connection with it. By purchasing any voucher you agree to the terms of this Agreement and these Terms and Conditions.
By purchasing, printing, accepting, using or attempting to use any voucher, you agree to these Terms of Sale specifically (“rules”), the terms on the voucher itself and any additional, promotion-specific terms advertising the voucher at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all promotional vouchers that we make available, unless a particular voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher’s fine print, the voucher’s fine print will control.
Gluten-Free Saver is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the voucher. For example, if you pay $20 for a voucher that gets you $50 of goods or services from a Merchant, the full offer value is $50, the purchase value is $20 and the promotional value is $30 (this amount expires on the date stated on the voucher, unless expiration of the promotional value is prohibited by law).
If a Merchant or venue refuses to honor any voucher, Gluten-Free Saver will refund the amount paid upon request in the original form of payment. Vouchers are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of vouchers is prohibited.
8. Modification of this Agreement
We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. These changes will be effective immediately for new users of our Site and for all promotions purchased after the effective date of the change. We suggest that you revisit our Terms and Conditions from time to time to ensure that you stay informed of any such modifications or changes to the Site. Your use of the Site after we update these Terms and Conditions will constitute acceptance of the modified Terms and Conditions. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.
9. Intellectual Property
Everything located on or in this Site is the exclusive property of Gluten-Free Saver 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 GLUTEN-FREE SAVER IS PROHIBITED. Any violation of this requirement may result in intellectual property right infringement that may subject you to civil and/or criminal penalties.
10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
Gluten-Free Saver 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 Gluten-Free Saver 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 Gluten-Free Saver’s DMCA Agent for notice of claims of copyright infringement is:
Gluten-Free Saver, LLC
Attn: Chad Hines
P.O. Box 9055
Mission Viejo, CA 92690
11. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER GLUTEN-FREE SAVER, 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; 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 PROMOTIONS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GLUTEN-FREE SAVER 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.
12. Limitation of Liability
We will make every reasonable effort to resolve any disagreements that you have with Gluten-Free Saver. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Gluten-Free Saver arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(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 Gluten-Free Saver; (b) the arbitrator shall apply California 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 Gluten-Free Saver’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, Gluten-Free Saver 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 Gluten-Free Saver shall be entitled to arbitrate their dispute.
14. End User Communications
Gluten-Free Saver, in some instances, allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Gluten-Free Saver shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Gluten-Free Saver, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Gluten-Free Saver shall have the right, but not the obligation, to remove any material from the Communities that Gluten-Free Saver, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Gluten-Free Saver.
15. 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.
16. Public Nature of Your Statements
17. License Grant
By posting Statements or other information on or through the Communities, you grant Gluten-Free Saver a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless Gluten-Free Saver, 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 Gluten-Free Saver 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 promotion, and any conduct or speech, whether online or offline, of any other user.
Gluten-Free Saver may terminate these Terms and Conditions at any time. Without limiting the foregoing, Gluten-Free Saver shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Gluten-Free Saver 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 and Conditions will survive termination of this Agreement.
20. Choice of Law
Any disputes arising out of or related to these Terms and Conditions and/or any Use by you of Gluten-Free Saver’s Site or services shall be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 13 shall be governed by the Federal Arbitration Act.
Gluten-Free Saver is located at:
26441 Crown Valley Pkwy., Suite 100, Mission Viejo, CA 92691.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of these Terms and Conditions apply equally to and are for the benefit of Gluten-Free Saver, 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.