Terms of Service
Welcome to Black Book Daily Deals. The following terms and conditions (the "Agreement") form a binding agreement between you and Hagadone Directories, Inc., which is sometimes referred to as "Hagadone Directories," "HDI," Black Book," "Black Book Daily Deals," "us," "we," or "our." Please review the following terms carefully. By using the site or any Black Book Daily Deals services, you are agreeing to these terms, as well as our Privacy Policy (published at www.blackbookdailydeals.com/privacypolicy incorporated here by reference), and all of these terms will govern your use of the site and our services. If you do not agree to these terms, you must cease use of the site and our services. The term "you" refers to the person accessing or using the site or our services, or the company or organization on whose behalf that person accesses the site or our services.
Our Services
Black Book Daily Deals is a service where you can find cool deals on products and services in your area through our website located at www.blackbookdailydeals.com and other online areas owned or operated by us, such as our mobile applications, shortcuts, and mobile telephone text messaging services.
Conditional Use of Our Site and Services
Your permission to use Black Book Daily Deals is conditioned upon your agreement that you:
- Are 13 years of age or older, but are 18 years of age or older to purchase any Black Book Daily Deal;
- Will comply with these Terms of Service;
- Will not copy or distribute any part of in any medium without Black Book Daily Deals' prior written authorization;
- Will not infringe on any copyrights, trademarks, trade names, or other legally protected information;
- Will provide accurate information when creating an account or registering for our services;
- Represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Black Book Daily Deals to use any and all content submitted by you to Black Book Daily Deals in accordance with the licenses granted in this Agreement;
- Hereby grant Black Book Daily Deals, whether using Black Book Daily Deals or an application authorized by Black Book Daily Deals but developed via a third-party developer, a non-exclusive license to access the content you submit through Black Book Daily Deals and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through Black Book Daily Deals' functionality and under these Terms of Service;
- Will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Black Book Daily Deals; and
- Hereby affirm we have the right to determine whether any of your submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Your Account
Accessing any of our services is free. In order to purchase a Black Book Daily Deal, you can either check out and receive your coupon code by email as a "guest" on our site or you can register your email address and create a password in order to easily purchase future Black Book Daily Deals. If you choose to register on our site, you agree to provide only accurate and complete registration information, and you will keep that information up-to-date if it changes. Access to the Black Book Daily Deals site and services is not authorized by any other person or entity using your registration information and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the site or use the services has previously been terminated by Black Book Daily Deals may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Black Book Daily Deals relies on email addresses and user passwords to know whether users accessing the site and using our services are authorized to do so. If someone accesses our site or services using your email address and user password, we will rely on that email address and user password and will assume that access has been made by you. You are solely responsible for any and all access to the site or use of the services by persons using your email address and user password. Please notify us immediately if you become aware that your email address and/or user password is being used without authorization.
Non-Confidentiality, Security, and Privacy
You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Black Book Daily Deals and therefore such information is not subject to any confidentiality obligation. Other information, such as credit or debit card information provided in connection with the purchase of a Black Book Daily Deal is maintained with appropriate privacy and security protections.
Our Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at www.blackbookdailydeals.com/privacypolicy.
Any communications between you and Black Book Daily Deals, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our services will be deemed by us to be non-confidential and non-proprietary. By using Black Book Daily Deals you expressly relieve us from any and all liability arising from your use of any third party website.
Links to Third Party Sites
We don't have control over websites that Black Book Daily Deals may link to. Black Book Daily Deals may contain links to third party websites that are not owned, operated, or controlled by Black Book Daily Deals. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Black Book Daily Deals you expressly relieve us from any and all liability arising from your use of any third party website.
Daily Deals
Black Book Daily Deals provides consumers with opportunities to purchase products and services from third party merchants with a time-limited promotional added value. Merchants are willing to offer attractive promotions in order to reach Black Book Daily Deals users.
1. How It Works
By placing an order for a given Black Book Daily Deal, you purchase the daily deal and pay by credit or debit card. By purchasing a daily deal, you are agreeing the Universal Fine Print that applies to all Black Book Daily Deals. In addition, you agree to any special terms, conditions, or restrictions listed in each Daily Deals' fine print. Once you've placed your order and your payment has been approved, you will receive a confirmation email from us with a coupon code on it. After you receive an email with the coupon code, you are free to use the Black Book Daily Deal at any point until it expires.
2. Expiration Dates
The expiration date for a Black Book Daily Deal will be listed in each Daily Deals' fine print.
3. Deal Specific Terms
Each Black Book Daily Deal has specific terms associated with the Daily Deal, which will be presented to you at the time you commit to purchase the particular Daily Deal. Black Book Daily Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
4. Universal Fine Print
The following are universal restrictions that apply to every Black Book Daily Deal (unless specifically contradicted in the deal's fine print):
Black Book Daily Deals are not valid for cash back
Black Book Daily Deals must used in one visit
Black Book Daily Deals don't cover tax or gratuity
Black Book Daily Deals can't be combined with other offers
Black Book Daily Deals for restaurants are valid toward alcohol unless the fine print states otherwise
5. Merchant Responsibility
To be clear, Black Book Daily Deals markets the Daily Deals and acts as an agent in selling the Daily Deals on behalf of the merchants. The merchant is the issuer of the coupon. As issuer of the coupon, the merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by or in respect of a customer, caused in whole or in part by the merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed coupons. By purchasing a Black Book Daily Deal, a customer acquires the right to print a coupon issued by the participating merchant and to use the coupon according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the coupon is within your sole control and at your sole discretion.
6. Promotions of the Black Book Daily Deal Program
From time to time we may offer special promotions, contests, and/or sweepstakes intended to provide you an incentive to purchase Black Book Daily Deals or to encourage you to get others to do so. The applicable rules will be posted on the site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
7. Products Available for Sale
The site can be accessed from countries around the world. You understand that some or all products or services provided on the site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Black Book Daily Deals reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a coupon for any product or service to a person residing in any jurisdiction or geographical area. Black Book Daily Deals does not represent or warrant that any product or service promoted on the site will be available for purchase by any particular person.
8. Refunds and Cancellations
No refunds or cancellations are available after a Black Book Daily Deal has been purchased and your payment has been accepted.
9. Playing Nicely
Some of the Black Book Daily Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Daily Deal. Any attempt by a purchaser to obtain more than the permitted number of coupons specified for a particular Black Book Daily Deal by using multiple or different identities, credit or debit cards, forms, registrations, addresses, or any other method will void that person's purchases. Black Book Daily Deals will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
Termination
We may change or discontinue the site or any of the services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the site and services. Any coupon issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such coupon.
Disclaimers of Warranty
We provide the site and services "as is," "with all faults," and "as available." We and our suppliers and merchants make no express warranties or guarantees about the site, services, or Daily Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WA AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT BLACK BOOK DAILY DEALS WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION, OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BLACK BOOK DAILY DEALS, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A BLACK BOOK DAILY DEAL REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF BLACK BOOK DAILY DEALS. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERICAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify, and hold harmless Black Book Daily Deals, its parent company, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: 1) your use of and access to Black Book Daily Deals, 2) your violation of any term of these Terms of Service, 3) your violation of any third party right, including without limitation any copyright, property, or privacy right, or 4) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Black Book Daily Deals.
Reservation of Rights and Release
Black Book Daily Deals reserves the right, but has no obligation, to monitor or take any action Black Book Daily Deals deems appropriate regarding disputes that you may have with other customers of ours or any merchants. To the extent the law permits, you release us from any claims or liability related to any content posted on the site and from any claims related to the conduct of any other customers of ours or any merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such 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 know by him must have materially affected his settlement with the debtor."
Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the site and services, including applicable copyrights, trademarks, and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the site and services in accordance with this Agreement. "Hagadone Directories, Inc.," "The Black Book," and "Black Book Daily Deals" are our trademarks. Other product and company names that are mentioned on the site or provided as part of the services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The content on Black Book Daily Deals, excluding all intellectual property of other sites obtained by way of API and linking and content posted by our customers, is owned by Black Book Daily Deals. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features, and the trademarks, service marks, and logos contained therein ("Marks"). The Marks are owned or licensed to Black Book Daily Deals, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by Black Book Daily Deals is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the owners. We reserve all rights not expressly granted in and to the site and services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in content that you post to the site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the content in any manner we choose. If you have any rights to the content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
Copyright Notice
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 15 U.S.C. 512(c)(3) for further detail) in writing: 1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 4) information reasonably sufficient to permit the service provided to contact you, such as an address, telephone number, and, if available, an electronic mail address; 5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6) a statement that the information in the notification is accurate and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Black Book Daily Deals' designated Copyright Agent to receive notifications of claimed infringement can be reached at info@blackbookdailydeals.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Electronic Communications
The communications between you and Black Book Daily Deals use electronic means, whether you visit the site or send us emails, or whether Black Book Daily Deals posts notices on the site or communicates with you via email. For contractual purposes, you 1) consent to receive communications from Black Book Daily Deals in an electronic form; and 2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Black Book Daily Deals provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Entire Agreement, Changes to this Agreement, and Waivers
These Terms of Service, together with the Privacy Policy at www.blackbookdailydeals.com/privacypolicy and any other legal notices published by Black Book Daily Deals on the site or any Black Book Daily Deal coupon, shall constitute the entire agreement between you and Black Book Daily Deals concerning Black Book Daily Deals. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the site. It is your sole responsibility to check the site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the site and services. Your use of the site and services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Black Book Daily Deals' rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature or an officer of Black Book Daily Deals. No purported waiver or modification of this Agreement by Black Book Daily Deals via telephonic or email communications shall be valid.
Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
This Agreement is between you and Hagadone Directories, Inc., P.O. Box 1266, Coeur d'Alene, ID 83816; info@blackbookdailydeals.com; 1-800-727-9104. The laws of the state of Idaho govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and Hagadone Directories, Inc. that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in Idaho.
General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship, or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND BLACK BOOK DAILY DEALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BLACK BOOK DAILY DEALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Services, above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of Black Book Daily Deals.