USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on the Websites is subject to change without notice. The Websites are our copyrighted property. All trademarks, service marks, trade names, and trade dress used on the Websites are proprietary to us, except where an item is specifically identified as the proprietary property of a third party. We may change the Websites, their features, or the Content at any time, in any way, for any or no reason.
Except as Indulge Living specifically agrees in writing, no Content from the Websites may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Websites, except that where the Websites are configured to enable the download of particular Content, you may download one copy of such Content, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use that is not pre-approved in writing by Indulge Living, “re-mailing” or high-volume or automated use of the Website is prohibited.
Some services on the Websites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any of the Websites. In addition, you agree to exit from your account at the end of each session.
END USER CONDUCT
End User shall not post or transmit through the Websites any material that violates or infringes in any way upon the rights of others, or any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without Indulge Living’ express prior, written approval, contains advertising or any solicitation with respect to products or services. End User shall not upload, post or otherwise make available on the Websites 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. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material (including without limitation communications, messages, photographs, and digital audio or video) to any public area of the Websites, End User warrants that the owner of such material has expressly granted Indulge Living 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 or other intellectual property right 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 Indulge Living the non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, promote and distribute any material made available on the Websites by End User.
CONTENT ACCESSIBLE THROUGH LINKS FROM THE WEBSITES AND SEARCH RESULTS
We are not responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
DISCUSSION FORUMS AND SIMILAR CONTENT
Indulge Living shall have the right, but not the obligation, to monitor the Content at all times, including any discussion forums or other areas of the Websites where End User may publicly exchange communications, to determine compliance with this Agreement and any operating rules established by Indulge Living, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Indulge Living shall have the right to remove any material that Indulge Living, in its sole and absolute discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User acknowledges that all discussion forums, ratings, comments, bulletin board services and other message or communication facilities are public non-confidential communications, and that other End Users may read End User’s communications without End User’s knowledge. Indulge Living does not control or endorse the content, messages or information found in any Community, and, therefore, Indulge Living specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any such communication facility, including any objectionable content. If any part of the Websites permit the submission of communications that will be treated by Indulge Living as confidential, such treatment will be stated in such location.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM ANY OF THE WEBSITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF VENDORABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OF THE WEBSITES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
The Websites may contain the opinions and views of other users. Given the interactive nature of the Websites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The Content of the Websites does not constitute legal or professional advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any Content included in, or accessible through, the Websites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OF THE WEBSITES OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY OF THE WEBSITES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE WEBSITES OR CHANGE THE WEBSITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
TERMS OF SALE
By placing an order (an “Order”) for a product or service being offered by a vendor customer of Indulge Living (the “Offered Product”), you are making an offer to Indulge Living to purchase a voucher to be redeemed with the vendor customer for the Offered Product. All such Orders are governed by the terms and conditions stated below, and any additional terms and conditions as may be set forth (i) in the Websites prior to or at the placement of an Order for a voucher, (ii) on the voucher itself, or (iii) as set forth by the applicable Restaurant or Vendor (as defined below). You may not place an Order with Indulge Living until and unless you have created an account. Upon completion of a transaction, you agree to subscribe to the Indulge Living daily e-mail ilst.
TERMS AND CONDITIONS FOR RESTAURANT SPECIFIC VOUCHERS
For this section, a “Restaurant” shall be defined as a vendor who offers food and/or beverage for sale in its regular business operations, and is making such food and/or beverages available to those who Order a voucher for such Offered Product.
The Restaurant shall set the terms and conditions concerning any and all redemption policies for Restaurant vouchers, and such terms and condition shall be set forth in such vouchers.
• Use of a Restaurant voucher for alcoholic beverages is at the sole and absolute discretion of the Restaurant, subject to applicable law.
• Use of Restaurant voucher in combination with any other restaurant certificates, third party certificates, coupons, or promotions is at the sole and absolute discretion of the Restaurant.
• The issuing of credit by the Restaurant to the End User for any reason is subject to the Restaurant’s sole and absolute discretion.
• Restaurant vouchers cannot be used for or attributed to taxes, tips or prior balances, unless otherwise specified on the voucher or permitted by the Restaurant.
• Restaurant vouchers are valid for dine-in only unless otherwise stated.
• Neither Indulge Living nor the Restaurant is responsible for lost or stolen Restaurant vouchers.
• Once issued to an End User, reproduction, sale or trade of a Restaurant voucher is prohibited unless specifically permitted by the Restaurant.
• Any attempted redemption not consistent with these terms & conditions will render the Restaurant voucher void.
• Each Restaurant voucher shall expire on the date specified on such voucher.
TERMS AND CONDITIONS FOR NON-RESTAURANT VENDOR CERTIFICATES
For this section, a “Vendor” shall be defined as any non-Restaurant that its products or services available to those who Order a voucher for such Offered Product.
A Vendor voucher may be applied only to the specified Offered Product of the Vendor, and shall not be applicable to taxes and shipping or handling charges, unless otherwise specified on the voucher or permitted by the Vendor.
A Vendor voucher may only be used to purchase one Offered Product, unless otherwise specified on the voucher or permitted by the Vendor.
The issuing of credit by the Vendor to the End User for any reason is subject to the Vendor’s sole and absolute discretion.
Neither Indulge Living nor the Vendor is responsible for lost or stolen Vendor vouchers.
Use of Vendor vouchers in combination with any other restaurant certificates, third party certificates, coupons, or promotions is at the sole and absolute discretion of the Vendor.
Once issued to an End User, reproduction, sale or trade of a Vendor voucher is prohibited unless specifically permitted by the Restaurant.
Any attempted redemption not consistent with these terms & conditions will render the Vendor voucher void.
Each Vendor voucher shall expire on the date specified on such voucher.
ADDITIONAL TERMS FOR ALL VOUCHERS
The holder and issuer of a Restaurant voucher is the Restaurant. The holder and issuer of a Vendor Voucher is the Vendor. As a holder and issuer of the Voucher, the Restaurant or Vendor shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of an End User, caused in whole or in part by the Restaurant or the Vendor, as well as for any unclaimed property liability arising from unredeemed vouchers. Restaurant vouchers and Vendor vouchers are redeemable in their entirety only and may not be redeemed incrementally.
REFUNDS AND RETURNS
Indulge Living has a 30-day refund policy. After 30-days, all requests for refunds and returns will be reviewed on a case-by-case basis. If the Restaurant or Vendor is for any reason unable to honor an otherwise valid voucher, Indulge Living will obtain or provide a reimbursement in the form of Dulge Dollars for your purchase.