Terms of Use

Effective Date: December 1st, 2010

These terms and conditions of use (“Terms of Use”) are provided by DiscountGuru (“DiscountGuru,” “we,” “our” or “us”) and shall govern all use of this site, www.DiscountGuru.com (the “Site”), by any user of the Site (“User,” “you” or “your”). By accessing the Site, you agree that you have read, understood and agree to the following Terms of Use and consent to be bound thereby. If you do not agree to any of these Terms of Use you should refrain from using the Site.

Revision of Terms. DiscountGuru may modify or revise these Terms of Use at any time by posting an updated version of the modified Terms of Use on the Site and will update the Effective Date of the Terms to reflect the date of the changes. Your access to and continued use of the Site after the changes are posted shall constitute acceptance of the revised Terms of Use. You should visit this page periodically to review the most current Terms of Use because they are binding on you.

I. Eligibility & Responsibility.

In order to use the Site and participate in the DiscountGuru program described below, you must:

  1. Be human. No machines, scripts, or automated services may be used to accumulate any reward benefits derived from the use of DiscountGuru. You may maintain only one account; any duplicate accounts will be subject to cancellation.
  2. Be 18 years of age or older.
  3. Have Internet access and a valid, working email address to be able to receive the privileges and benefits of membership.
  4. Reside in the United States of America (U.S.A.) or Canada.

By registering for a DiscountGuru account, User will be allowed to save and personalize Site content, view offers from businesses listed on the Site and purchase vouchers listed on the Site. You agree you will not allow others to use your account user-name and you agree that it is your responsibility for maintaining the confidentiality of your account user-name, password. You shall be liable for any unauthorized use of your account resulting from any failure in maintaining the confidentiality of your account information.

User acknowledges that there may interruptions and security breaches in connection with the use of the Internet and the Site. DiscountGuru is not responsible for your inability to connect to the Internet, log onto the Site or access your DiscountGuru account or for any data lost while transmitting information on the Internet.

II. General Provisions

1. Use of Online Vouchers, Deals and Special Offers.

DiscountGuru permits online vouchers, deals, and special offers to be provided as a service to its Users (“Vouchers”). Vouchers are provided by merchants, advertisers and/or other third parties (“Merchants”). The Merchants, not DiscountGuru, are the sellers of the Vouchers and the products and services redeemable in exchange for the Vouchers and are solely responsible for redeeming any Voucher you purchase. DiscountGuru is not responsible for the redemption, errors/omissions or expiration of Vouchers, and it is the User’s responsibility to make sure that a Voucher is presented during the checkout process with a Merchant. All offers, promotions, services or features on the Site are subject to change without notice at any time. DiscountGuru has no control over the legality of any Vouchers made by Merchants, the ability or willingness of any Merchant to complete the sales in accordance with the Vouchers, or the quality of the products or services offered by any Merchant. In the event that you have a dispute with a Merchant in any way relating to the Site, the use of information from the Site, the Vouchers or the products and services provided by the Merchant, you agree to waive and release DiscountGuru from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. Vouchers purchased on the Site by Users will be fulfilled directly by the Merchant, and all purchases made will appear on Users’ credit cards billed under DiscountGuru or its designated vendor. When purchasing Vouchers you will be asked to provide certain information, including credit card information and shipping address.

Vouchers cannot be redeemed for cash. Prices and availability of the products and services listed on the Site are subject to change without notice. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a Merchant, DiscountGuru and/or such Merchant reserves the right to refuse or cancel any order placed for a Voucher at the incorrect price, even if the order has been confirmed and/or a credit card has been charged. If a User’s credit card has already been charged for the purchase and the order is canceled, User may have to notify the Merchant directly for a credit to User’s credit card account in the amount of the incorrect price. Vouchers expire on the date stated on the Site and on the printed Vouchers, except in California and where otherwise prohibited by law.

As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you, caused in whole or in part by the Merchant or the products and services offered by Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive and release the Indemnified Parties (as defined below) from any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the products and services provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of Vouchers or any portion thereof.

DiscountGuru offers third party Vouchers for sale. DiscountGuru is not responsible for the actual availability, usage or duration of any Voucher, or the policies of the Merchant who provide the Vouchers. You should contact the Merchant directly to confirm any applicable terms, conditions or other restrictions relating to the Voucher. DiscountGuru is not responsible for Merchants that are no longer in business or change location(s). There are no refunds or returns.

2. Disclaimers and Limitations of Liability.

USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. THE SITE IS BEING PROVIDED BY DISCOUNTGURU "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW. DISCOUNTGURU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

USER AGREES THAT DISCOUNTGURU AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY COSTS OR DAMAGES ARISING OUT OF OR RELATED TO ANY USER CONTENT, PRODUCT OR SERVICE OF A MERCHANT OR ANY DISPUTE BETWEEN USER AND ANY MERCHANT, AND THE USER HEREBY EXPRESSLY WAIVES ANY SUCH CLAIM AGAINST DISCOUNTGURU OR ANY INDEMNIFIED PARTIES. DISCOUNTGURU DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY MERCHANTS, SPONSORS OR SUPPLIERS. DISCOUNTGURU DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DISCOUNTGURU ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE SITE. IN NO EVENT SHALL DISCOUNTGURU BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED OR ARISING (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH USER’S USE OF THE SITE; ANY ACT OR OMISSION BY DISCOUNTGURU IN ADMINISTERING THE SITE; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS’, EVEN IF DISCOUNTGURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DISCOUNTGURU AND ANY INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR AND USER ASSUMES ANY RISK RELATING TO THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

III. Permitted Use

User agrees that they will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. User may not use the Site, in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. User may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Site. User is only authorized to visit, view and retain copy of pages of the Site for his/her own personal use, and shall not duplicate, download, publish, modify, or otherwise distribute the material on the Site for any commercial use or for any purpose other than described in these Terms of Use, unless specifically authorized by DiscountGuru in writing.

III. Materials Provided or Posted on DiscountGuru.

Users may post or submit content, information, postings, images and other materials that may be displayed on the Site (“User Content”). Users, and not DiscountGuru, are liable for all User Content posted to the Site. DiscountGuru reserves the right, at any time and for any reason, to monitor and/or remove any User Content from the Site but User acknowledges that DiscountGuru is under no obligation to do so. User agrees that neither DiscountGuru, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any User Content. User agrees that he/she will not use the DiscountGuru Site to post any material, or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, racist, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violating of any law. User agrees that he/she will not post any promotional information on the Site.

By submitting, posting or displaying User Content on or through the Site, you are representing that you are the owner of the User Content, or are making your submission with the express consent of the owner. User hereby grants DiscountGuru a perpetual, worldwide, royalty-free license to distribute, copy, adapt, reproduce, transmit, and otherwise use User Content on the Site or in any media now known or hereinafter developed for any purpose. User expressly agrees that DiscountGuru is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication User sends to DiscountGuru or submit to the Site, without compensation, for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services.

Advertisements, referral programs, chain letters, pyramid schemes, and solicitations are not permitted on DiscountGuru. Any User who believes that any User Content, posted review or comment is objectionable or otherwise in violation of these Terms of Use is encouraged to contact DiscountGuru immediately by using the "Contact Us" link at the bottom of every page or by emailing DiscountGuru at InternetSupport@DixCom.com. Upon receipt of such notification, we will make every reasonable effort to take action as we deem necessary within a reasonable period of time.

IV. Links and Search Results.

The Site may contain links to third-party websites ("Linked Sites"). DiscountGuru is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by DiscountGuru of any Linked Sites or their operators. The Linked Sites are not under the control of DiscountGuru and DiscountGuru is not responsible for the contents of any Linked Site, including without limitation a link contained in a Linked Site. DiscountGuru cannot guarantee, represent or warrant that the content contained in these Linked Sites is accurate, legal and/or inoffensive. DiscountGuru does not guarantee that the Linked Sites will not contain viruses or otherwise impact a User’s computer. User agrees and understands DiscountGuru shall not be liable for any damages or losses resulting from Users use of Linked Sites. If a User encounters an issue with a Linked Site, please notify DiscountGuru at InternetSupport@DixCom.com and DiscountGuru will investigate your claim and take any actions it decides is necessary and appropriate.

V. Termination.

DiscountGuru reserves the right, at its sole discretion, to terminate Users’ access to the Site, Users’ accounts and the related services or any portion thereof at any time without notice (whether or not as a result of a violation of these Terms of Use).

VI. Privacy.

All user information submitted by you to, or posted on, the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use by reference. Please review our Privacy Policy. The Privacy Policy governs the use of information by us only, and we disclaim any responsibility for use of such information by any third party.

VII. Indemnification.

You agree and shall indemnify, defend and hold DiscountGuru and all of its agents, representatives, directors, employees, providers, licensors and licensees, officers, affiliates and parent companies (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation to attorney fees), incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, (ii) any User Content posted by you or (iii) any products or services purchased by you in connection with the Site. User will cooperate as fully and reasonably required in the defense of DiscountGuru should any claims be made. DiscountGuru reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent from DiscountGuru.

VIII. Copyright/Trademark.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of DiscountGuru or used with the permission of the copyright and/or trademark owners. Users are prohibited from using any Marks for any purpose whatsoever, including, but not limited to, used as meta tags on other pages or sites without the written permission of DiscountGuru, or such third party which may own the applicable Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright and/or other intellectual property laws. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available through the Site for commercial or public purposes.

Notice of Copyright Infringement. DiscountGuru avails itself of the protections under the Digital Millennium Copyright Act. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to ANDREW DIX, 1619 COMMERCE DRIVE STOW OH 44224, and /or by email to InternetSupport@DixCom.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Site.

IX. Miscellaneous.

To the maximum extent permitted by law, this agreement shall be governed by and construed in accordance with the laws of the State of Ohio, U.S.A. and User hereby consents to the exclusive jurisdiction and venue of state courts in Cuyahoga County, Ohio or the United States Federal District Court, Northern District, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Site or the products and services of any Merchant. User agrees that no joint venture, partnership, employment or agency relationship exists between User and DiscountGuru as a result of this agreement or the use of the Site. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provisions and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, these Terms of Use represent the entire, final and exclusive agreement between the User and DiscountGuru and supersede all prior contemporaneous communication and proposals, whether electronic, oral, or written, between the User and DiscountGuru with respect to the subject matter herein. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.