Last updated 2014 June 14
Your use of this Site and/or participation with its publishing of promotions, giveaways, deals, sweepstakes, and offers (collectively known as “Offers”) contained on or available through this Site constitutes your acceptance of these terms and conditions and will give rise to a binding contract between Dailygoodstuffs, LLC (“We,” “Us,” or “Our”) and you (“You” or “User”), referred to below as this “Agreement.”
Acceptance of Terms
Please read the TOU carefully as they describe your legal rights and responsibilities. By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, forming a legal agreement between you and Dailygoodstuffs regarding your use of the site as defined below. By using Dailygoodstuffs you agree that you are at least 18 years of age and are legally able to enter into this agreement. If you do not agree with any of these terms, you are prohibited from using or accessing this site. If you use or continue the site, you agree to the TOU as a condition of such use. This agreement shall have the same force and effect as a written document signed up you. Any use of the site by you after any modifications or amendments to these Terms shall constitute your acceptance of the most current version of these Terms and the amendment of the agreement between us to incorporate such modified Terms.
The materials contained in this Site are protected by applicable copyright and trademark law.
Description of Dailygoodstuffs Services
Dailygoodstuffs provides users with access to a rich collection of resources, including without limitation various content related to promotions, giveaways, deals, sweepstakes, forums, offers, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Dailygoodstuffs Services”). You also understand and agree that the Dailygoodstuffs Services may include advertisements and that these advertisements are necessary for Dailygoodstuffs to provide the Dailygoodstuffs Services. You also understand and agree that the Dailygoodstuffs Services may include certain communications from Dailygoodstuffs, such as service announcements, administrative messages and the Dailygoodstuffs informational email newsletters, and that these communications are considered part of Dailygoodstuffs membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Dailygoodstuffs Services, including the release of new Dailygoodstuffs properties, shall be subject to the TOU. You understand and agree that the Dailygoodstuffs Services is provided “AS-IS” and that Dailygoodstuffs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Dailygoodstuffs Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Dailygoodstuffs Services.
You understand that the technical processing and transmission of the Dailygoodstuffs Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The site is intended for use in the United States only. If you access the site from outside the US, you agree that you are doing so at your own risk and initiative and are responsible for compliance with all applicable laws, regulations and rules. We are not liable for any consequences of use outside the US.
Please be aware that Dailygoodstuffs has created certain areas on the Dailygoodstuffs Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
Links to Third Party Offers
Dailygoodstuffs is a directory that publishes Offers hosted by third party sites (unless expressly described as directly sponsored and managed by Dailygoodstuffs). These third party sites have not necessarily been reviewed by us. They are maintained by third parties over which we exercise no control.
We cannot make any guarantees that you will receive any of the Offers that you request on third party sites, as these Offers are made by other entities. We are not responsible if links to Offers are broken, no longer available, change, or redirected. We are not responsible if Offers are not received, if you don’t qualify, if they are expired or broken, or if you are refused.
All trademarks, logos and copyrights belonging to third party companies are solely and explicitly owned by those companies. All logos and trademarks belong to their respective owners. These third parties do not sponsor or endorse this site, its content, or services.
At times, the site may be inaccessible or inoperable due to but not limited to equipment or communications malfunctions, periodic maintenance, or causes beyond our control or which are not foreseeable by us. We shall not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.
Access to the Site may require you to use a unique login that includes an email address and a password. Only one user can use each email address and corresponding password. Anyone with knowledge of both your email address and password can gain access to the restricted portions of this Site.
By using Dailygoodstuffs, you agree to keep your password confidential and accept responsibility for the confidentiality and use of your password. You will immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your password. We reserve the right to delete or change a password at any time and for any reason.
You agree to defend, indemnify and hold Dailygoodstuffs and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.
Disclaimer of Warranties
The content and information contained or accessed is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of services, software, content, merchantability, fitness for a particular purpose, non-infringement, or error-free or uninterrupted service.
References to corporations, their services, and products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall Dailygoodstuffs be liable for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.
Descriptions of, or references to, products, services, or publications within the site does not imply endorsement of that product, service, or publication. Dailygoodstuffs makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. Dailygoodstuffs specifically disclaims all warranties, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL Dailygoodstuffs OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF Dailygoodstuffs.COM AND ITS OFFERINGS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THE LICENSING AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFITS, LOSS OF ASSIGNMENTS, DATA OR OUTPUT FROM THE SERVICE BEING RENDERED INACCURATE, FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER PROGRAMS, SERVER DOWN TIME, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF Dailygoodstuffs HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
If any one or more of the provisions contained in this agreement shall for any reason be found to be invalid, illegal, or unenforceable in any respect, the remaining valid Terms are still in effect and shall be enforceable to the fullest extent permitted by law.
Compliance of Laws
By using Dailygoodstuffs, you agree that use will not be in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States.
If you violate the Terms of this agreement, or otherwise create legal exposure or risk for Dailygoodstuffs, we can stop providing all or part of Dailygoodstuffs to you. You may be notified by email or at the next time you attempt to access your account, or your access may be stopped without notice. You may also delete your account in full by contacting Dailygoodstuffs via the Contact link at the bottom of the site.
Digital Millennium Copyright Act Compliance
It is the policy of Dailygoodstuffs to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”).
Pursuant to the DMCA, Dailygoodstuffs has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a Dailygoodstuffs site, please notify our designated agent by postal mail at:
1730 South Federal Highway #385
Delray Beach, Fl 33483
We will review your claim and respond as it deems appropriate, which may include temporary or permanent removal of the allegedly infringing Content from the Site. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
1730 South Federal Highway #385
Delray Beach, FL 33483