The right to use this Site is personal to End-User and is not transferable. You are responsible for protecting the confidentiality of your password(s), if any. Adealio shall not be responsible for any data lost while transmitting information on the Internet. Access to the Site may be interrupted, suspended or terminated from time to time.
2. Site Conduct.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Third Party Sites") are private property. All interactions on this Site and/or the Third Party Sites must comply with this Agreement. You may use the Site for lawful purposes only. You shall not post or transmit through this Site any material that violates or infringes in any way upon the rights of others, or any material which 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 which, without Adealio's express prior, written approval, contains advertising or any solicitation with respect to products or services. You shall not use this Site or any of the Third Party Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Third Party Sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Adealio.
Adealio shall have the right, but not the obligation, to monitor the content of the Site 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 Adealio, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Adealio shall have the right to remove any material that Adealio, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (each a “Community” and collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. Adealio does not control or endorse the content, messages or information found in any Community, and, therefore, Adealio specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Any communication which you post to the Site is considered to be non-confidential.
4. License Grant.
By posting communications on or through this Site, you shall be deemed to have granted to Adealio 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, and to sublicense such rights through multiple tiers of sublicensees. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use.
5. Copyright and Trademarks.
“Adealio” is a trademark of Owner. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Adealio are the property of their respective owners ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE THIRD PARTY SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF OWNER IS STRICTLY PROHIBITED.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Site is protected by copyright as a collective work under the United States copyright laws. Adealio owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You shall 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. You may download, print, or save copyrighted material for End your 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 Adealio and 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. You shall not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a web site otherwise owned or operated in conjunction with the Site shall not be deemed to be in the public domain but rather the exclusive property of Adealio, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Adealio, unless otherwise stated.
You 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. By submitting material to this Site, you warrant that the owner of such material has expressly granted Adealio 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.
6. Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND THE THIRD PARTY SITES IS AT YOUR SOLE RISK. THIS SITE AND THE THIRD PARTY SITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
IN NO EVENT SHALL ADEALIO BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE USE OF OR INABILITY TO USE THIS SITE OR ANY THIRD PARTY SITE. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE THIRD PARTY SITES.
ADEALIO IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE THIRD PARTY SITES.
You shall indemnify and hold Adealio, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your use of this Site and/or the Third Party Sites.
Adealio may terminate this Agreement at any time. Without limiting the foregoing, Adealio shall have the right to immediately terminate any passwords or accounts in the event of any conduct by you that Adealio, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of certain sections by their nature that should survive and any payment obligations shall survive the expiration or termination of this Agreement for any reason. All other rights and obligations of the parties shall cease upon termination of this Agreement.
9. Third Party Content.
Adealio is a distributor (and not a publisher) of content supplied by third parties and end users. 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) and not of Adealio. Neither Adealio nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
The content available through the Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Adealio. Adealio neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site.
Adealio contains links to third party web sites maintained by other content providers. Adealio does not endorse such third party sites and hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party web sites. You shall not provide a hyperlink to the Site from any other website.
This Agreement constitutes 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.
This Agreement and use of the Site are governed by and in accordance with the laws of the State of Texas (exclusive of its rules regarding conflicts of laws). By using this Site, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Austin, Texas under the rules of arbitration of the American Arbitration Association.
II. VOUCHER TERMS
By placing an order, you make an offer to us to purchase the vouchers you have selected on the terms and conditions stated below. The voucher you purchase is redeemable for goods or services by the seller of such goods and services (the "Merchant”). The Merchant, not Adealio, is the seller of the goods and services and is solely responsible for redeeming any voucher you purchase.
1. Restaurant Vouchers
As used herein, “Restaurant means a Merchant that offers food and beverage for sale in its regular business operations, and makes such food and beverages available to purchasers of Adealio vouchers.
- Redemption frequency is determined by Restaurants, and shall be contained in the voucher offer on the Site.
- Use of Restaurant vouchers for alcoholic beverages is at the sole discretion of the Restaurant.
- Restaurant vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Restaurant vouchers are valid for dine in only unless otherwise stated.
- All purchases of vouchers for Restaurants may have statutory limitations on the amount of the voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes is the responsibility of the Merchant. Adealio’s sole role in the transaction is as a marketing agent for the Merchant voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Adealio has no role in such determination or action on the part of the Merchant.
2. Non-Restaurant Merchant Vouchers
- Merchant voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) voucher per redemption. Only one voucher can be used per order unless otherwise specified by merchant.
3. Additional Terms and Conditions for All Adealio Vouchers
All vouchers printed from the Site or any website associated with this Site are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of Adealio and the participating Merchant. The Merchant is the seller of the goods or services which you are purchasing. Vouchers are void to the extent prohibited by law.
Vouchers are void to the extent prohibited by law. Any attempted redemption not consistent with this Agreement will render the Restaurant voucher void. Reproduction, sale or trade of a Restaurant voucher is prohibited unless done so in compliance with the law.
If you redeem the voucher for less than its face value, you will not be entitled to a credit, cash or a new voucher equal to the difference between the face value and the amount you redeemed, unless otherwise 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. You will not have any redemption value either because the amount you redeemed is more than what you paid for the voucher.
Neither Adealio nor the Merchant is responsible for lost or stolen voucher or voucher's reference number. The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law. Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
As a holder and issuer of the voucher, the Restaurant or 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 Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed vouchers. Restaurant vouchers and Merchant vouchers are redeemable in their entirety only and may not be redeemed incrementally.
The Adealio offer (including, but not limited to, any discounts) expires on the date specified on the Adealio voucher, except that the Merchant may continue to redeem the unused cash value you paid for the voucher (which is usually less than the original face value of the voucher) to the extent required by applicable law.
According to the laws of the respective states in which you purchased your voucher, and in which you wish to redeem your voucher at the Merchant, the Merchant is responsible for allowing you to redeem your voucher for the cash value based on the money you actually paid for your voucher, for a period of time that may extend beyond the expiration date on the voucher. While the expiration date on the voucher dictates the last date that you can use your voucher at Merchant for the promotional offer which is stated on the voucher, state laws (which vary state-by-state, and which are generally made available by each state on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your voucher for a period of time beyond the expiration date stated on the voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of Adealio, as Adealio is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.