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Terms of Use Agreement

Effective Date: This Terms of Use Agreement was last updated on February 01, 2011.

This Terms of Use Agreement sets forth the standards of use of the SavingsDaily.com Online Service ("Service") wholly owned by SavingsDaily.com ("SavingsDaily.com"), a Toronto based Company. By using the SavingsDaily.com website you ("The User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the SavingsDaily.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. You must be over 18 to agree to this agreement and use this site

This Agreement must be thoroughly reviewed and agreed to by a person over 18. If you are not yet 18, if you are easily offended, or you are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.

2. Description of Service

SavingsDaily.com is providing The User with access to the SavingsDaily.com website. The User must provide (1) all equipment necessary for their own internet connection, including computer and modem and (2) provide for The User's access to the internet, and (3) pay any fees that relate with such connection.

3. Affiliate Marketing, Endorsements & Testimonials

SavingsDaily.com is an affiliate marketing company and a source of its revenue is affiliate commissions. The merchants we display on our site, in our blog, or through social networks, pay SavingsDaily.com for the traffic we drive to them which results in sales. Any endorsement or testimonial found on this site should be considered and weighed with the fact that the endorsed merchant is most likely paying us in one form or another.

4. Use of Online Coupons

SavingsDaily.com utilizes commission based affiliate marketing provided by our affiliate network partners and affiliate merchant partners (referred to herein as "Merchants"). SavingsDaily.com provides online coupons and information on deals and sales as a free service to its users. SavingsDaily.com is not responsible for the accuracy, successful redemption, errors, omissions, or expiration of online coupons or coupon codes and it is The User's responsibility to verify that any discount is reflected during checkout for the order in which it is contained. All offers and promotions on SavingsDaily.com are subject to change at any time without notice. SavingsDaily.com has no control over the legality of any coupons or other offers made by Merchants, the ability of any of the Merchants to complete the order in accordance with the offer, or the quality of the goods and/or services provided by any Merchant to comply with the offer. SavingsDaily.com has no control over whether a Merchant will honor their offer displayed on the SavingsDaily.com website and does not guarantee the accuracy or completeness of the offers on the SavingsDaily.com website. In the event The User has a dispute with one or more Merchants over anything relating to or displayed on the SavingsDaily.com website, The User agrees to waive and release SavingsDaily.com from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of any kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

5. SavingsDaily.com Membership to Earn Cash Back

As a user of the SavingsDaily.com website, you have the option to become a SavingsDaily.com Member (referred to herein as "Member"). Membership gives the Member the opportunity to utilize our Cash Back Program (referred to herein as "Program") to earn cash back on his/her own personal purchases as well as cash back on the purchases of those members whom the Member has referred to, and whom have signed up for Membership with, SavingsDaily.com. Cash back is paid by SavingsDaily.com and is separate from, and in addition to, online coupons and coupon codes displayed on the SavingsDaily.com website which are discounted from orders processed by Merchants. This section describes how the Program works, the rights and responsibilities of The User, and rights and responsibilities of SavingsDaily.com with respect to the Program.

a. The Program
The Program allows Members to shop at Participating Merchant Stores (herein referred to as "Participating Merchants") and earn cash back on non-restricted items. This is a free service to our Members and Members are under no obligation to participate or earn cash back. Cash back is earned when a member makes a qualifying online purchase from a Participating Merchant whose site was accessed through a link on the SavingsDaily.com website. Some Participating Merchants have additional requirements and/or restrictions which can be viewed on the Participating Merchant's store page on the SavingsDaily.com website. You can access any Participating Merchant's store page by clicking on their store name on the "Stores" tab on the SavingsDaily.com homepage.

b. Cash Back Eligibility
The Member must make a qualifying purchase on a Participating Merchant's website through a link on the SavingsDaily.com website. In order to do this you must satisfy at least the following:

  • Be 18 years of age or older
  • Have "Cookies" enabled on your web browser
  • Login to the SavingsDaily.com website with your login credentials prior to clicking a link
  • Click a "Redeem Coupon" button or homepage link for a Participating Merchant
  • Add non-restricted item(s) to your shopping cart
  • Checkout to complete your transaction

The determination of whether or not a purchase made through a Participating Merchant qualifies for Cash back is at the discretion of SavingsDaily.com and the Participating Merchant. SavingsDaily.com is not responsible for purchase tracking problems resulting from, but not limited to, the incorrect usage of the SavingsDaily.com website, disabling "cookies" on your web browser, computer problems, errors or omissions by a Participating Merchant, or any other reason for the disruption of purchase tracking.

If the balance in your account at the end of the quarter is less than $10.00 then payment will be postponed and the balance will stay in your account and carry over into the next quarter. At present, printed checks and Paypal are our current forms of payment. You can view your account balances by logging in and clicking My Account.

Any cash back payments via check that are not deposited, or via Paypal that are not accepted, within two years from date of payment will be forfeited.

d. Account Adjustments
Your Member Account is subject to adjustments for, but not limited to, returns and cancellations of full or partial orders and the receipt of information pertaining to said returns or cancellations from Participating Merchants. SavingsDaily.com reserves the right to make adjustments to Member Accounts at any time for any reason. If you are in disagreement with any adjustments made to your account your sole remedy is to discontinue use of the SavingsDaily.com website and all services it provides and any balance remaining in your account will be paid on the next scheduled quarterly payment date. SavingsDaily.com is not responsible for the withdrawal or termination of any Participating Merchants or the effect on cash back accrual within Member Accounts resulting thereof.

e. Termination of Program
SavingsDaily.com reserves the right to terminate the Program in part or in whole at any time without notice. In the event that the Program is terminated, payment for the remaining balance in Members' accounts will be made on the next scheduled quarterly payment date.

f. Responsibilities
Members are responsible for maintaining accurate profile account information at all times including a valid email address and valid payment information. Members are responsible for keeping their passwords and all other information about their SavingsDaily.com account confidential. SavingsDaily.com is entitled to act on instructions conveyed by any User utilizing your username and password. SavingsDaily.com is not responsible for any change of account information or any credit or debit made to your account by someone other than you who uses your username and password. SavingsDaily.com is not responsible for any losses or liabilities incurred through the use of your account by an authorized or unauthorized third party. Members are responsible for regularly reviewing their account balances to verify their accuracy and that all cash back has been appropriately posted. If a Member finds a discrepancy in his/her account then SavingsDaily.com must be notified within 90 days of the order date to ensure we can resolve the issue. If SavingsDaily.com is not notified within said time then the order shall be deemed accurate and the Member hereby waives any rights to dispute said order.

g. Cash Back Cash back may not be assigned or transferred to any third party except if given permission in writing from a SavingsDaily.com officer. The sale, transfer, lending, exchange, pooling, or barter of any cash back in your SavingsDaily.com account is expressly prohibited. Any cash back transferred to a third party in any way is in violation of this Agreement and said cash back may be confiscated or cancelled. Cash back has no cash value until it is deducted from your SavingsDaily.com Account for payment to you.

6. Disclaimer of Warranties

The site is provided by SavingsDaily.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, SavingsDaily.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. SavingsDaily.com shall have no liability for any interruptions in the use of this Website. SavingsDaily.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

7. Limitation of Liability

SavingsDaily.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SavingsDaily.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SavingsDaily.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

8. Indemnification

The User agrees to indemnify and hold SavingsDaily.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of The User's use of the Service, the violation of this Agreement, or infringement by The User, or other user of the Service using The User's computer, of any intellectual property or any other right of any person or entity.

9. Modifications and Interruption to Service

SavingsDaily.com reserves the right to modify or discontinue the SavingsDaily.com Service with or without notice to The User. SavingsDaily.com shall not be liable to The User or any third party should SavingsDaily.com exercise its right to modify or discontinue the Service. The User acknowledges and accepts that SavingsDaily.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

10. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use agreements and privacy policies of their respective sites, and we are not responsible therein. We encourage The User to review said privacy policies of third-parties' sites.

11. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While SavingsDaily.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

SavingsDaily.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

12. Compliance with Laws

The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. The User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

13. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2011 SavingsDaily.com with all rights reserved, or is the property of SavingsDaily.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SavingsDaily.com is strictly prohibited. The User agrees to not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of SavingsDaily.com.

SavingsDaily.com™ are proprietary marks of SavingsDaily.com. SavingsDaily.com' trademarks may not be used in connection with any product or service that is not provided by SavingsDaily.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SavingsDaily.com.

All other trademarks displayed on SavingsDaily.com' website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with SavingsDaily.com.

14. Botnets

SavingsDaily.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, SavingsDaily.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SavingsDaily.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as The User. The User agrees that by accepting this Terms of Use Agreement, The User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement above.

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