Terms of Use

***These Terms of Use Were Modified on 11/21/2011***

Thank you for visiting www.bigdealsmedia.net (this "Site"). This Site is owned and operated by Big Deals Media, Inc. ("Big Deals," "we," "our," "us"). Your access to and use of this Site is subject to the following terms of use ("Terms of Use") and all applicable laws.

Effective Date

These Terms of Use went into effect on 11/21/2011.

Your Consent

Please take a few minutes to review these Terms of Use before using this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

Our Privacy Policy

Our Privacy Policy describes the personal information we collect when you and others use this Site. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. Please review our Privacy Policy before using this Site.

These Terms of Use May Change

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked "Terms of Use" at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will alert you by posting a notice at www.bigdealsmedia.net for sixty days. We will also update the "effective date" at the top of this page. If more than sixty days go by between your visits to this Site, be sure you check the effective date to see if these Terms of Use have been revised since your last visit.

You may access the current version of these Terms of Use at any time by clicking the link marked "Terms of Use" at the bottom of each page of this Site.

Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the "click-through agreement."

Your Obligation to Provide Truthful Information

You may be asked to submit personal information to this Site. For example, if you use this Site to purchase a gift certificate, you will be asked to provide your name and mailing address. If you submit personal information to Big Deals through this Site, the information you submit must be true, accurate, current, and complete.

Ownership of this Site and its Content

Ownership of this Site. This Site, including all of the software and code comprising or used to operate this Site and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site (collectively, "Content") are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of Big Deals or of third parties who have licensed their rights to Big Deals.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Copyrights. As between you and Big Deals, Big Deals and its licensors own and reserve the copyrights in this Site, including all of its Content.

Copyright License. We hereby grant you a limited license to access and use this Site and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to our Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in our Terms of Use, unless you first obtain our written permission.

Trademarks. All trade names, trademarks and service marks displayed on this Site are the registered or unregistered trademarks of Big Deals, or its licensors, or other third parties (collectively, the "Trademarks") and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this Site without the prior express written permission of Big Deals or the trademark owner.

Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Site and the information, products, and services we make available through this Site (collectively, "Feedback"). By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Other Restrictions on Your Use of this Site

You may not use this Site

• to access (or attempt to access) areas or features of this Site for which you do not have the proper authorization;
• to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
• in a manner that violates any national, state, local or international law, rule or regulation;
• to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
• in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support this Site;
• to harvest or collect e-mail addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; or
• in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying this Site.

Terms of Sale

Gift certificates that you purchase through this Site are redeemable for certain goods, services or experiences offered by, or facilitated through, the business identified on the gift certificate as the issuer. The business is solely responsible for redeeming the gift certificate. The business is the seller and issuer of the gift certificate and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a gift certificate or not.

If you have a question you may contact us using the information provided below. Gift certificates are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of gift certificates is prohibited.

Removal of Content

If you would like us to remove any Content from this Site for any reason, please notify us using the information provided below. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms of Use (including our Privacy Policy) and applicable law.

Right to Modify or Discontinue this Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

Links to Other Sites

This Site may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. These Terms of Use do not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.

Disclaimer of Warranties

BIG DEALS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SITE, ANY CONTENT ON THIS SITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIG DEALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIG DEALS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SITE. BIG DEALS DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE BY ITS CLIENTS OR BY SITE USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF BIG DEALS.

Without limiting the foregoing, certain products promoted through this Site may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any manufacturers' warranty applicable to the products promoted through this Site.

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

Limitations of Liability

UNDER NO CIRCUMSTANCES, SHALL BIG DEALS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ITS CONTENT, ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BIG DEALS OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BIG DEALS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Children Under the Age of Thirteen

We are proud of this Site and we strive to ensure that it does not offend people of any age. However, this Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through this Site without the consent and supervision of a parent or guardian, please contact us using the information provided below.

Choice of Law, Jurisdiction and Venue

These Terms of Use and the relationship between you and Big Deals shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Minnesota, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SITE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN HENNEPIN COUNTY, MINNESOTA, U.S.A. YOU AND BIG DEALS IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

As used in these Terms of Use, the term "including" means "including, but not limited to." Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use, together with any client agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Big Deals with respect to the subject matter hereof.

These Terms of Use may be amended only as set forth above.

Contact Us

If you have any questions or concerns regarding these Terms of Use, please feel free to contact us.