Terms & Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
The Site provides an interactive online service operated by WeeklyPlus.com, LLC. On the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities facilitated through WeeklyPlus.com, affiliates of WeeklyPlus.com or merchants ("Merchants") offering vouchers for sale ("Deal Certificates") which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of WeeklyPlus.com, and WeeklyPlus.com shall not be responsible for any data lost while transmitting information on the Internet. While it is WeeklyPlus.com's objective to make the Site accessible 24 hours per day, 7 days per week, 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 the control of WeeklyPlus.com, access to the Site may be interrupted, suspended or terminated.
WeeklyPlus.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, WeeklyPlus.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
2. Copyright and Trademarks.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. WeeklyPlus.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
4. End User Conduct.
5. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of WeeklyPlus.com, LLC. or is used with express permission of the copyright and/or trademark owner. 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 WeeklyPlus.com, LLC. is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. WeeklyPlus.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of WeeklyPlus.com or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or in the Site or a Microsite otherwise owned or operated in conjunction with WeeklyPlus.com shall not be deemed to be in the public domain but rather the exclusive property of WeeklyPlus.com, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of WeeklyPlus.com unless otherwise stated. End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. WeeklyPlus.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted WeeklyPlus.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants WeeklyPlus.com the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of WeeklyPlus.com, 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.
6. Disclaimer of Warranty
End User expressly agrees that use of this site and the Microsites is at the End User's sole risk. Neither WeeklyPlus.com, its 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 or any Microsite 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 any Microsite, or (II) the accuracy, reliability or content of any information, service or Deal Certificates provided through this site or the Microsites.
This Site and the Microsites are made accessible on an "as is" and "as available" basis. WeeklyPlus.com 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.
7. Limitation of Liability.
In no event shall WeeklyPlus.com, be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this agreement. In no event will WeeklyPlus.com's liability in connection with a Deal Certificate exceed the amounts paid for such Deal Certificate, and total aggregate liability arising out of or related to this agreement shall not exceed the amounts paid by the End User during the six months preceding the bringing of any claim.
WeeklyPlus.com shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by WeeklyPlus.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, WeeklyPlus.com shall have the right, but not the obligation, to remove any material that WeeklyPlus.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. WeeklyPlus.com does not control or endorse the content, messages or information found in any Community, and, therefore, WeeklyPlus.com specifically disclaims any liability concerning the Communications and any actions resulting from End User's participation in any Community, including any objectionable content. Generally, any communication which End User posts to WeeklyPlus.com (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by WeeklyPlus.com as confidential, the fact will be stated on those pages. By posting comments, messages, or other information on the Site or any Microsite, End User grants WeeklyPlus.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
10. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to WeeklyPlus.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication 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 sub-licensees.
11. Indemnification and Release.
End User agrees to indemnify and hold harmless WeeklyPlus.com, its affiliates and their respective directors, officers, employees and agents from all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End user is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases WeeklyPlus.com 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 Deal Certificate, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
WeeklyPlus.com may terminate this Agreement at any time. Without limiting the foregoing, WeeklyPlus.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which WeeklyPlus.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Section 2, 4, 5, 6, 9, 10, 11 will survive termination of this Agreement.
WeeklyPlus.com is a trademark of WeeklyPlus.com, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on WeeklyPlus.com are the property of their respective owners.
14. Third-Party Content.
WeeklyPlus.com, similar to an Internet Service Provider, is a distributor (and not publisher) of content supplied by third parties and End Users. Accordingly, WeeklyPlus.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors(s) and not of WeeklyPlus.com.
In many instances, the content available through this Site represent the opinions and judgments of the respective information provider, end user, or other user not under contract with WeeklyPlus.com. WeeklyPlus.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on WeeklyPlus.com by anyone other than authorized WeeklyPlus.com employee spokespersons while acting in official capacities. Under no circumstances will WeeklyPlus.com be liable for any loss or damage caused by an end user's reliance on information obtained through WeeklyPlus.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through WeeklyPlus.com. WeeklyPlus.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by WeeklyPlus.com of the contents on such third-party websites, End User does so at its own risk. Unless you have executed a written agreement with WeeklyPlus.com expressly permitting you to do so, WeeklyPlus.com reserves the right to revoke its consent to the use of any hyperlink to the Site or Microsites at any time and in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for WeeklyPlus.com established by WeeklyPlus.com, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against WeeklyPlus.com arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase of sale of any Deal Certificate(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"); (2) 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 End User), or at such other locations as may be mutually agreed upon by End User and WeeklyPlus.com; (3) the arbitrator shall apply Colorado law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or WeeklyPlus.com's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WeeklyPlus.com will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) 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 provisions were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor WeeklyPlus.com shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
For Florida residents purchasing Deal Certificates where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
WeeklyPlus.com is located at 110 16th St. Suite 406, Denver, CO 80202. 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. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.
II. TERMS OF SALE
All deal certificates printed from the Site or any Microsite, or any other website associated with WeeklyPlus.com (hereinafter "Deal Certificates") are promotional vouchers that may be purchased from participating merchants ("Merchants") through WeeklyPlus.com to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Deal Certificate from a Merchant through WeeklyPlus.com, you make an offer to purchase the Deal Certificates you have selected on the terms and conditions stated below. You are required to create an account in order to purchase any Deal Certificate. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Deal Certificate. The Deal Certificate you purchase through WeeklyPlus.com is redeemable for goods or services by the Merchant. The Merchant, not WeeklyPlus.com, is the seller of the Deal Certificate and the goods and services and is solely responsible for redeeming any Deal Certificate you purchase.
1. Terms and Conditions for Restaurant-Specific Deal Certificates.
For this section, "Restaurant" shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Deal Certificates.
- Redemption frequency is determined by Restaurants, and shall be contained in the Deal Certificate offer on the Site.
- Use of Restaurant-Specific Deal Certificates for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law.
- Deal Certificates cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
- Restaurant-Specific Deal Certificates cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine-in only unless otherwise stated.
- The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
- Neither WeeklyPlus.com nor the Restaurant is responsible for lost or stolen Deal Certificates or restaurant Deal Certificate validation numbers.
- Reproduction, sale or trade of a Restaurant-Specific Deal Certificate is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Deal Certificate void.
- Deal Certificates rendered void are void to the extent allowed by law
- If you redeem the Deal Certificate for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Deal Certificate exceeds the amount you redeemed.
- All purchases of Deal Certificates for Restaurants may have statutory limitations on the amount of the Deal Certificate value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the sole responsibility of the Merchant. WeeklyPlus.com's sole role in the transaction is as a marketing agent for the Merchant Deal Certificate and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and WeeklyPlus.com has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Deal Certificates.
- Merchant Deal Certificates may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) Deal Certificate per redemption. Only one Deal Certificate can be used per order unless otherwise specified by Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law
- Neither WeeklyPlus.com nor the Merchant is responsible for lost or stolen Deal Certificates or Deal Certificate's validation number.
- Deal Certificates cannot be combined with any other vouchers, third party certificates, coupons, or promotions unless otherwise specified by Merchant
- Reproduction, sale or trade of this Deal Certificate is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms and conditions will render the Deal Certificate null and void.
- Deal Certificates rendered void are void to the extent allowable by law
- If you redeem the Deal Certificate for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed.
3. Additional Terms and Conditions for all WeeklyPlus.com Deal Certificates.
All Deal Certificates shall be subject to the terms and conditions of WeeklyPlus.com and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Deal Certificate is the Restaurant. The holder and issuer of a Merchant Deal Certificate is the Merchant. As a holder and issuer of the Deal Certificate, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect to a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Deal Certificates or portions thereof. You waive, and release WeeklyPlus.com and its officers, directors, employees and agents from any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Deal Certificate or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Deal Certificates or any portion thereof. Restaurant-Specific Deal Certificates and Merchant Deal Certificates are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Deal Certificate for the cash value based on the money you actually paid for your Deal Certificate, for a period of time that extends beyond the expiration date on the Deal Certificate. While the expiration date on the Deal Certificate dictates the last date that you can use your Deal Certificate at Merchant for the promotional offer stated on the Deal Certificate, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Deal Certificate for a period of time beyond the expiration date stated on the Deal Certificate. In the event that you have an expired deal Certificate and would like to redeem it for the price you paid to acquire it, please contact the Merchant. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Deal Certificate, and if applicable law entitles you to such redemption, then please contact WeeklyPlus.com and explain the situation in writing.
i. The Terms and Conditions found in this Agreement are neither original, nor unique to WeeklyPlus.com. They are, rather, a collection of industry standards and best practices pioneered by industry leaders.