Terms and Conditions
Welcome to LivingSocial!
LivingSocial, Inc. and/or its affiliates ("LivingSocial") provide LivingSocial.com and its products or services to you subject to the following conditions. If you visit or shop through our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.
- Your Acceptance of the Terms
- Electronic Communication
- Your Privacy
- Certain Conditions Placed on Your Use of the Sites and Services
- Your Account
- Other Services
- Deal Bucks
- Ownership of the Sites and Services
- Your Access to the Sites and Services
- Third-Party Links and Contents
- Information and Content Submitted by You
- Product Submissions
- Exclusion of Warranties
- Limitations of Liability
- Arbitration of Disputes
- Indemnity, Reservation of Right, Release
- Applicable Law
- Copyright Notice-Digital Millennium Copyright Act
- Entire Agreement, Changes to this Agreement and Waivers
- General Terms
- Additional Terms
- LivingSocial Plus
1. Your Acceptance of the Terms
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
2. Electronic Communication
The communications between you and LivingSocial are electronic. You consent to receive communications from LivingSocial in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
3. Your Privacy
4. Certain Conditions Placed on Your Use of the Sites and Services
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
- are 18 years of age or older;
- will comply with these Terms;
- are able to form a binding contract with us;
- are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
- are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
- will not impersonate another user of the Sites and/or Services.
5. Your Account
You will need to register by creating an account with LivingSocial (either by registering directly with us or by allowing a LivingSocial application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including Deals. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the LivingSocial Site and Services is not authorized by any other person or entity using your User ID 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 LivingSocial may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
LivingSocial relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID 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 User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
LivingSocial provides consumers with opportunities to purchase certain products and services (each a “Deal,” and collectively, “Deals”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified, using a time-limited promotional voucher exchangeable for Merchant goods and services (a “Voucher”). The promotion of each Deal works as a form of advertisement for the Merchant by LivingSocial.
By purchasing, printing, accepting, using or attempting to use any Voucher, you agree to these Terms, the fine print identified in the Deal copy (defined below) and/or any additional deal-specific terms related to the Deal at the time of purchase. These Terms apply to all Vouchers, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Voucher, the Fine Print will control, except to the extent prohibited by applicable law.
Additional Deal Terms
Some categories of Deals have special terms that vary from the general deal terms stated in this Section 6. These special terms which are set forth here. Any other varying terms for specific Deals will be set forth in the Fine Print.
How it Works
By placing an order for a given Deal, you are agreeing to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order, you will receive a confirmation of the Deal and your credit card or other payment mechanism will be charged for the amount of the Deal. We will notify you by email when the Voucher for the Deal is ready to be used. You are required to create an Account in order to purchase any Deal so we can collect information to allow you to pay for your Deals and so we can provide you with easy access to print your Deals, view your past purchases and modify your preferences.
Deal Value and The “Fine Print”
In addition to the terms set forth herein, each Deal comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Voucher). The Fine Print may restrict things such as when or where You can redeem a Voucher, as well as other Deal-specific limitations, so always read carefully.
Most Vouchers combine two separate portions that make up the Deal: (i) a paid portion equal to the amount you paid for the Deal (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "Promotional Portion").
Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:
- Vouchers must be redeemed in their entirety in one visit to a Merchant.
- For vouchers that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.
- Vouchers are not redeemable for cash.
- Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
- Vouchers cannot be combined with any other coupons or promotions.
- Vouchers cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
- Neither LivingSocial nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
- Duplicate use, sale or trade of a Voucher is prohibited.
- Unless otherwise stated in the Fine Print, the Voucher price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
The Promotional Portion of the Voucher will always expire on the date printed on the Voucher. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher will expire five (5) years from the date that the Voucher was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Voucher beyond five years, in which case the Paid Portion of the Voucher will expire in accordance with the applicable law.
Sometimes we offer Deals that are date-specific, such as a Deal for a ticketed event or a Deal where you select a specific day to stay at a hotel (“Date-Specific Deal”). Usually this means that the Voucher can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Voucher. In either case, the date you select will be identified on the Voucher, and you can only redeem the Voucher on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher. You may not reschedule a Date-Specific Deal for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific Deal on the date specified on the Voucher. If for some reason the Date-Specific Deal is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Deal is rescheduled, our email to you will include the new date for the Date-Specific Deal. If you cannot make the new date for the Date-Specific Deal, you will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific Deal is canceled and will not be rescheduled, we will automatically refund you the Paid Portion.
Except as explicitly stated otherwise in the terms of a specific Deal, if You change your mind about purchasing a Deal, just write us at http://help.livingsocial.com/contact_us within seven (7) days of Your purchase and LivingSocial will refund the Paid Portion of any unredeemed Voucher to Your purchasing credit/debit card or other payment mechanism. In addition, LivingSocial will always honor your request for a refund of the Paid Portion of any unredeemed Voucher if the Merchant goes out of business before the promotional period expires. Please see the Additional Terms for refund rules applicable to other LivingSocial products and services.
We want you to be happy with your LivingSocial experience. If You have trouble redeeming Your Voucher for any reason, please contact us at http://help.livingsocial.com/contact_us so we can work with the Merchant to resolve Your issue.
Merchant is the Issuer
The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. Unless otherwise indicated in a Deal or other offer, LivingSocial is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release LivingSocial and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it.
Some Deals are not available for purchase beyond certain geographical and jurisdictional boundaries. LivingSocial reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher, the Sites, the Services or any other product or service. LivingSocial does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some of our Deals are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers specified for a particular Deal, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.
We display discounts on our Sites in connection with each Deal. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.
Getting Your Deal For Free
After you buy a Deal, you will receive a personalized link which you may choose to share with your friends. If at least three of your friends buy the same Deal using your personalized link, you will receive your Deal for free (“Free Deal”)! If your three friends purchase the Deal after we have charged your credit card or other payment mechanism for the purchase of the Deal, we will refund the price of the Deal to the credit card or other payment mechanism you used to purchase the Deal. The opportunity to get a Free Deal may be time-limited and may be subject to other limitations. Any such limitations will be identified in the email you will receive notifying you of your Free Deal. If after you received a Free Deal your friends receive refunds or cancel their purchases, such that less than three people have purchased the deal using your personalized link, you will no longer be eligible for a Free Deal. In such instances, the credit card or other payment mechanism used for this purchase will be charged for the full purchase price of the Deal. In the event payment cannot be processed or authorized, you will be responsible for paying the full purchase price of the Deal.
You must tell your friends that you are eligible to receive a Free Deal if they buy the applicable Deal using your personalized link. Failure to disclose this information is a violation of this Agreement and may result in the termination of your Account, your disqualification from participating in incentive programs in the future, and/or the forfeiture or the demand for full payment of any Free Deal you received in violation of these Terms.
7. Other Services
In addition to our great Deals, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase or subscription, and most will be made available in various addenda which can be found in the Additional Terms.
8. Deal Bucks
“Deal Bucks” are a form of LivingSocial currency that may be applied as a credit only towards the purchase of Deals on the Sites. Deal Bucks do not have a cash value and so they are not refundable for cash, except where required by applicable law. Resale of Deal Bucks is strictly prohibited. Deal Bucks are issued in country-specific currency. You can only use Deal Bucks on Deals that accept the currency of the home account in which your Deal Bucks are issued. If you have purchased Deals or had other interactions with us in different geographic locations, it is possible that you might have Deal Bucks in more than one currency. To help ensure that all of your Deal Bucks land in your account and are available for your purchases when you need them, we assign you a “primary currency.” Your primary currency will be the currency of the country in which you first purchased a Deal. If you have not purchased a Deal, your primacy currency will be the currency of the country in which you first subscribed to a Site. Deal Bucks cannot be used to purchase Takeout & Delivery, additional Deal Bucks or Families and At Home product offers.
Types of Deal Bucks
There are two types of Deal Bucks: (1) Paid Deal Bucks, which are purchased or given in exchange for express consideration in certain incremental values; and (2) Promotional Deal Bucks, which are given to certain customers in connection with a specific promotion, contest or sweepstakes. We have merged what were formerly known as “Earned Deal Bucks” into the “Promotional Deal Bucks” category because they, like Promotional Deal Bucks, are given to customers in connection with a specific promotion, contest or sweepstakes. Any “Earned Deal Bucks” that you accrued have not been lost; however, they will expire in accordance with the terms of the particular promotion through which you received them, just like all Promotional Deal Bucks.
Expiration of Deal Bucks
Promotional Deal Bucks expire based on the terms of the particular promotion. Paid Deal Bucks expire five (5) years after the date of purchase or issuance, except where expiration of Paid Deal Bucks is prohibited by law, in which case they do not expire. Deal Bucks are not returnable or refundable for cash, except where required by law. Resale of Deal Bucks is strictly prohibited.
Deal Bucks awarded via the LivingSocial Rewards Visa Card points exchange are Promotional Deal Bucks and expire five (5) years after the date of issuance to your Account.
You may not sell or otherwise distribute access to your Deal Bucks to any other person or entity. Your Deal Bucks cannot be combined, co-mingled or otherwise merged with Deal Bucks in any other Account whether registered to you or not. Unauthorized or fraudulent use, resale, acquisition or distribution of Deal Bucks is prohibited. We may cancel, revoke or otherwise prevent the issuance of Deal Bucks if we suspect any unauthorized or fraudulent use and/or if we mistakenly credit your Account with Deal Bucks. For more information on Deal Bucks, please check out our Deal Bucks FAQ at: http://help.livingsocial.com/help_topics/deal-bucks.
We may from time to time offer you (and your friends) the opportunity to obtain time-limited promotional codes for discounts or credits to LivingSocial ("Promo Codes") by referring your friends to the Sites through our Refer-A-Friend program (the “RAF Program”). To participate in the RAF Program, we may ask you to refer friends by various means, that may include distributing your own personalized signup links or directly providing us with the email addresses of the friends you wish to refer to us. If an email is provided, we will then send your friends an email, the contents of which you will get to see before we send it out. The email or signup page linked from personalized link will explain the RAF Program, invite them to sign up with LivingSocial. The specific terms of each RAF program opportunity may differ and will be identified at the time of activation. Referrers may earn up to a maximum amount of $100 in Promo COdes per month. Promo codes will be time-limited promotional codes, may be subject to additional use limitations, and have no cash value.
Remember that Promo Codes are currency-specific. So, you (and your friends) can only redeem Promo Codes on Deals that accept the currency of the home account to which the Promo Codes are issued. Under the RAF Program, Promo Codes are issued in the currency of the referring person’s home account (i.e. the currency of the country where the referring person made their first purchase or first subscribed to LivingSocial). Consequently, any Promo Codes issued under the RAF Program can only be used on Deals that accept the currency of the referring person’s home account. LivingSocial reserves the right to change, modify and/or discontinue the RAF Program, in whole or in part, in its sole discretion, at any time and without notice.
9. Ownership of the Sites and Services
The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by LivingSocial, its subsidiaries or affiliates.
The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, LivingSocial owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “LivingSocial,” which appear on the Sites and/or in the Services are the service and trademarks of LivingSocial or affiliated entities. Without LivingSocial’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to LivingSocial or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of LivingSocial, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
11. Your Access to the Sites and Services
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:
- any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;
- any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to LivingSocial or the Merchants featured hereunder or any commercial purpose, including marketing;
- any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
- deep-linking to any portion of the Site;
- framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
- using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;
- using the Site and/or Services to generate unsolicited email advertisements or spam; or
- using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.
Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Livingsocial.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
12. Third-Party Links and Contents
13. Information and Content Submitted by You
The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. LivingSocial reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of LivingSocial.
If you do post User Content or submit material, and unless we indicate otherwise, you grant LivingSocial a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant LivingSocial and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify LivingSocial for all claims resulting from User Content you supply. LivingSocial takes no responsibility and assumes no liability for any User Content posted by you or any third party.
14. Product Submissions
LivingSocial does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of LivingSocial (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to LivingSocial through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to LivingSocial the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
If you want to terminate your legal Agreement with LivingSocial, you may do so by: (A) notifying LivingSocial at firstname.lastname@example.org or (B) closing your Accounts for all of the Services that you use.
LivingSocial may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) LivingSocial is required by law to do so; (iii) the partner with whom LivingSocial has offered the Services to you has terminated its relationship with LivingSocial or ceased to offer the Services to you; (iv) LivingSocial no longer provides Services in the country in which you reside; or (v) LivingSocial determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, LivingSocial reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, LivingSocial may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which LivingSocial, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher. These Terms will survive termination of this Agreement.
16. Exclusion of Warranties
WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIVINGSOCIAL’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVINGSOCIAL 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: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM LIVINGSOCIAL WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A LIVINGSOCIAL REPRESENTATIVE SHALL CREATE A WARRANTY.
17. Limitations of Liability
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVINGSOCIAL, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE LIVINGSOCIAL FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
18. Arbitration of Disputes Governed By Arbitration
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $10,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and LivingSocial may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or LivingSocial shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or LivingSocial customer.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Washington, D.C.
Contact information for LivingSocial’s Registered Agent for Disputes/Arbitration is as follows:
Corporation Service Company
2711 Centerville Road, Suite 400
Wilmington, DE 19808-1645
19. Indemnity, Reservation of Right, Release
You agree to defend, indemnify and hold harmless LivingSocial and its 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: (i) your use of and access to LivingSocial; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.
LivingSocial reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to 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 known by him must have materially affected his settlement with the debtor."
20. Applicable Law
By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and LivingSocial that arises out of this Agreement shall be governed by the laws of the District of Columbia without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
21. Copyright Notice-Digital Millennium Copyright Act
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 any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) 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 (vi) 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. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for LivingSocial’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
1445 New York Avenue, N.W. Suite 200
Washington, DC 20005
22. Entire Agreement, Changes to this Agreement and Waivers
23. General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. 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 LIVINGSOCIAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LIVINGSOCIAL 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. 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. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
24. Additional Terms
Below are additional terms applicable to your use of and access to the Sites and certain Services offered by LivingSocial or its third party partners or affiliates through LivingSocial:
- Collection of Information
- Use and Disclosure of Information
- Choices About Your Information
- Third Party Advertising and Sites
- Children’s Personal Information
- How to Contact Us
Collection of Information
We collect the following types of information:
Personal Information that You Provide
In general, we collect Personal Information that you submit to us voluntarily through LivingSocial. We also collect information that you submit in the process of creating or editing your account and user profile on LivingSocial. For example, our registration and login process requires you to provide us with your name, valid e-mail address and password of your choice. Use of some of our services may require you to save a delivery or shipping address. When you personalize your profile and use the features of LivingSocial, we will collect any information you voluntarily provide, and we may also request optional information to support your use of LivingSocial, such as your year of birth, gender and other demographic information. We collect information in the form of the content that you submit during your use of LivingSocial, such as photos, reviews, ratings and other information you choose to submit.
We may also collect information about you and your friends who use LivingSocial from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user name or profile information that you have permitted to be displayed through LivingSocial in order to display you as a friend or in association with your profile and connections.
To enable payment for services purchased through Living Social, we collect and store billing and credit card information. For example, when you purchase a Deal, you submit your credit card or other payment information so that our service providers can process your payment for the Deal. When you sign up for, or win, any contests, sweepstakes or other activities that we make available on LivingSocial, we will collect the information designated along with such activity, which may include contact information such as your address and phone number.
If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your e-mail address and other related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments or forums within the LivingSocial community.
Personal Information from Other Sources
We may receive Personal Information about you from other sources with which you have registered or interacted, companies who we have partnered with (collectively, “Partners”) or other third parties. We may associate this information with the other Personal Information we have collected about you.
E-mail and E-mail Addresses
If you send an e-mail to us, or fill out our “Feedback” form through LivingSocial, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and e-mail address when you send an e-mail notification to a friend through LivingSocial or the social network from which you have connected to LivingSocial (such as in an invitation, or when sharing your content). Additionally, we may use your e-mail address to contact you on behalf of your friends (such as when someone sends you a personal message) or to send notifications from a social network or other website with which you have registered to receive such notifications. We may also use your e-mail address to contact you for things such as notifications of limited-edition shop sales and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.
Information Collected Via Technology
Mobile & Location Information
If you use mobile-enabled services provided by Living Social, such as any LivingSocial mobile application made available by us, we may receive information about your use of our services from your mobile device while you use our applications or services. This may also include information about your precise location if you have enabled location-based services on your mobile device. Certain applications or services may also require addition information collection, such as information to be sent when you are not logged into LivingSocial for alerts services, and the terms of such collection will be identified when you subscribe to or sign up for such services or applications.
Social Media Information
Certain information you post or provide through LivingSocial for public posting, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of LivingSocial, including without limitation, social media applications and other public fora in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through LivingSocial, this information may become publicly available and may be collected and used by others, including people outside the LivingSocial community. Please also be aware that if you choose to share or tweet deals or your purchases, they will become publicly available on the Facebook and Twitter websites. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. We will not have any obligations with respect to any information that you post to parts of LivingSocial available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.
Use and Disclosure of Information
In general, Personal Information and other information you submit or share with us is used for the following purposes by LivingSocial: to enable your access to our services; to provide, maintain, protect, develop and improve LivingSocial; to fulfill your requests for products and services; to customize the content and advertisements you receive from us and our trusted partners; and to offer you additional information, opportunities, promotions and functionality from us or on our behalf, or from our partners or our advertisers at your request.
We use Google Analytics to better understand how visitors interact with our site. This service provides non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on our site and where visitors went when they left our site. If you would like to learn more about this service, or about choices to opt out from it, please click here. In addition, HasOffers provides us with analytics services related to downloads of our mobile app. If you would like to learn more about this service, or about choices to opt out from it, please click here.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.
Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly at email@example.com.
If you use Living Social services provided through mobile devices, you may have additional choices, including over whether location services are enabled. Additionally, if you use other social media services in connection with Living Social, the providers of these services may provide you with additional choices concerning the types of data shared with LivingSocial.
Third Party Advertising and Sites
We also engage in remarketing to market our sites, products and services or those of our trusted advertising partners across the web: when a user visits our site, a Cookie is dropped on the user, and advertising networks may deliver targeted advertisements to users with this Cookie. We do not share any of your Personal Information with our remarketing ad networks or advertisers.
You have choices about third-party advertising: both the Network Advertising Initiative and the Digital Advertising Alliance allow you to opt out from online behavioral advertising by their participating companies.
We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.
Children’s Personal Information
LivingSocial does not direct its websites to children under the age of thirteen. We market families-related products or services for purchase by adults. We require registered users of the site to be at least eighteen years old. Protecting the privacy of children is very important. If we obtain actual knowledge that a registered user is under eighteen, we will promptly delete information associated with such account. By using LivingSocial, you are representing that you are at least eighteen years old.
Access to Personal Information
You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at firstname.lastname@example.org. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information that you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.
Personal or other information about you collected on LivingSocial sites and services may be stored and processed in the United States or any other country in which LivingSocial or its affiliates, subsidiaries and services providers maintain facilities. LivingSocial complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of information from European Union Member Countries. To learn more about the Safe Harbor program, please visit the Safe Harbor Website.
If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that LivingSocial has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to LivingSocial, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please e-mail email@example.com.
How to Contact Us
26. LivingSocial Plus
Terms and Conditions
Last Updated September 26, 2012
Enrollment in the LivingSocial Plus membership program (the "Program") constitutes acceptance of the following terms and conditions (the "Terms"), which are entered into by you ("Member" or "you", collectively, "Members") and LivingSocial, Inc., (collectively "LivingSocial", "us", "we", or "our"). The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with LivingSocial Plus, the LivingSocial Conditions of Use, as well as any other applicable terms, conditions, limitations and requirements on the Sites, all of which (as changed over time) are incorporated into these Terms, constitute the entire agreement between you and LivingSocial related to the LivingSocial Plus membership. This Program is being offered as part of our beta-test program and may be available only to users from select locations. If you sign up for a LivingSocial Plus membership, you accept these terms, conditions, limitations and requirements.
Membership General Terms and Conditions
You must be a LivingSocial subscriber in good standing and have a valid credit card on file with LivingSocial (no hold on your credit card, suspension of your LivingSocial account or past amount owed to LivingSocial). We reserve the right to accept or refuse membership in our discretion for any reason.
You must be a legal resident of the United States and 18 years of age or older to participate in the Program.
Your membership is associated with one email account and name. You may not create multiple accounts or sign up for more than one LivingSocial Plus membership.
LivingSocial Plus benefits are nontransferable and may only be used by an individual Member for that Member's personal benefit. Member benefits cannot be combined with benefits accrued by another Member. Member benefits are all prospective from the date of membership enrollment, and will not be applied retroactively to any prior purchases.
You agree that the Program and any Member benefits related thereto do not create any property rights in favor of you.
LivingSocial reserves the right to change or discontinue any Program or Member benefits in our sole discretion at any time without notice.
Deal Bucks and Other Goodies
The Program offers you an opportunity to accrue certain Member benefits, which may include Deal Bucks and the opportunity to spend them in all sorts of delightful ways. "Deal Bucks" are a form of LivingSocial currency that may be applied as a credit towards future eligible LivingSocial purchases, subject to all then current Deal Bucks terms and conditions. When you are a Member, each month we deposit Paid Deal Bucks and Promotional Deal Bucks in Your Account according to your Program subscription. Your Paid Deal Bucks in this Program expire five years after the date of issuance, unless otherwise prohibited by applicable law. Your Promotional Deal Bucks awarded in this Program expire each month. Deal Bucks cannot be applied to certain purchases.
Auto-renewing Monthly Subscription
LivingSocial Plus is a monthly (from the date of enrollment) fee-based, automatically-renewing membership program. Unless you cancel your membership, the then-current renewal membership fee will be charged each month on or around the effective date of your membership to the credit card selected in your LivingSocial account for your recurring LivingSocial Plus payments. You can update credit card information at any time by going to My Account or by calling Customer Care at 877-521-4191. PLEASE NOTE THAT DEAL BUCKS MAY NOT BE USED TO PAY FOR YOUR LIVINGSOCIAL PLUS MEMBERSHIP.
BY ENROLLING IN LIVINGSOCIAL PLUS, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS. YOU HEREBY AUTHORIZE LIVINGSOCIAL TO CHARGE YOUR CREDIT CARD EACH MONTH AT THE THEN-CURRENT MEMBERSHIP FEE. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME IN ACCORDANCE WITH THE INSTRUCTIONS HEREIN. YOUR SAME CREDIT CARD THAT YOU USED TO ENROLL INITIALLY WILL BE AUTOMATICALLY CHARGED EACH MONTH, UNLESS YOU CANCEL YOUR MEMBERSHIP OR YOU DESIGNATE AN ALTERNATIVE CARD IN YOUR LIVINGSOCIAL PLUS ACCOUNT PRIOR TO YOUR BILLING DATE. YOUR MEMBERSHIP IN LIVINGSOCIAL PLUS IS CONDITIONAL UPON LIVINGSOCIAL'S RECEIPT OF PAYMENT. IF PAYMENT CANNOT BE CHARGED TO YOUR CREDIT CARD OR IF PAYMENT IS NOT RECEIVED BY LIVINGSOCIAL FOR ANY REASON, INCLUDING CHARGEBACK, LIVINGSOCIAL RESERVES THE RIGHT TO IMMEDIATELY AND WITHOUT NOTICE, EITHER SUSPEND OR TERMINATE YOUR MEMBERSHIP. YOU ARE REQUIRED TO PAY ANY AMOUNTS STILL OWED TO LIVINGSOCIAL AT THE TIME YOUR ACCOUNT IS SUSPENDED OR TERMINATED. EXCEPT WHERE PROSCRIBED BY LAW, YOU AGREE THAT LIVINGSOCIAL IS NOT OBLIGATED TO SEND YOU ANY RENEWAL OR ADVANCE BILLING NOTICES OR OTHER NOTICES INDICATING THAT YOUR CREDIT CARD WILL BE OR HAS BEEN CHARGED. NOTWITHSTANDING THE FOREGOING, UPON ENROLLMENT, YOU WILL RECEIVE AN INITIAL EMAIL WHICH INDICATES: A) ENOUGH INFORMATION REGARDING THE CREDIT CARD BEING CHARGED FOR THE MEMBER TO VERIFY THE DETAILS, WITHOUT PROVIDING FULL CARD DETAILS; B) A REMINDER THAT YOU CAN CANCEL AT ANY TIME; C) THE MEANS TO CONTACT LIVINGSOCIAL IN THE EVENT THAT YOU WISH TO CANCEL YOUR MEMBERSHIP; AND D) THE AMOUNT YOUR CREDIT CARD WILL BE CHARGED.
We may terminate your LivingSocial Plus membership or the Program at our discretion without notice. If we terminate your membership or the Program, we will give you a prorated refund based on the number of full days remaining in any pre-paid membership month provided that any termination is not related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the LivingSocial Plus membership or is harmful to our interests or another user. If LivingSocial chooses to terminate the LivingSocial Plus program, you will continue to receive Program benefits through the end of your current paid monthly membership term. LivingSocial’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of LivingSocial’s rights.
You can choose to cancel your membership or opt out of the Program at any time by selecting the cancel option in My Account. If you cancel your membership within seven (7) days after your initial enrollment and have not redeemed any awarded Deal Bucks or used any other Program benefits, you may be eligible for a refund. Please contact a Consumer Advocate by 5 p.m. ET on the last day that you are eligible to cancel to request a refund. After seven (7) days, you will not receive a refund of the monthly membership fee, but you will keep any awarded Deal Bucks in your account until they expire. If we issue you a refund, your membership awarded Deal Bucks will be removed from your Account.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial memberships cannot be canceled, but trial members can at any time (through Your Account) choose not to upgrade to regular annual membership at the end of the trial period.
Restrictions and Limitations
THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN LIVINGSOCIAL'S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO LIVINGSOCIAL PLUS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR LIVINGSOCIAL PLUS MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
This Agreement is between you and LivingSocial, Inc. Communications may be directed to: LivingSocial, 1445 New York Ave, NW Suite 200, Washington, DC 20005; firstname.lastname@example.org; 877-521-4191. The laws of the District of Columbia 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 LivingSocial that arises out of or relates to this Agreement shall be resolved by binding arbitration pursuant to the Conditions of Use. You hereby agree to waive any right to trial by jury in any dispute. All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein
Terms and Conditions
LivingSocial Adventures (“Adventures”) are unique events produced and coordinated by LivingSocial, not Merchants, which may range from sky diving to pizza-making classes and everything in between. We do use service providers or other merchants to help us facilitate the Adventure.
Each Adventure is paid in-full at the time of purchase through the Sites. If the Adventure requires additional state, local, federal taxes and/or fees, you are responsible for paying the full amount due to the merchant, service provider or governing authority before joining the Adventure. The Fine Print will provide additional terms that are relevant to the applicable Adventure, including expiration dates and additional financial obligations, if any.
Each Voucher is only valid on the specific event date you chose at the time of purchase. Since Vouchers for Adventures are date and time specific, you may not reschedule an Adventure for a different date or time for any reason. If the Voucher is not used on specified date, the entire value is forfeited where permissible by law.
Generally, if you decide within 24-hours of your purchase that you do not want to participate in the Adventure, we will give you a full refund of the amount you paid for the Adventure. However, some Deals have a different refund timeframe. If a different refund timeframe is stated in the Fine Print, the Fine Print will control. No full or partial refunds are given to customers who miss an event date. Purchasers will be notified prior to canceled or rescheduled events. Canceled events will be fully refunded. If you are unable to make the new date of a rescheduled event, you are entitled to a refund upon request.
You are always welcome to transfer your voucher to a friend provided your friend is over the age of 21 if the Adventure requires a purchaser to be over the age of 21. To do this, just add your friend’s name and email address on your event page and make sure your friend shows up to the Adventure with the appropriate waivers, the Voucher and any other materials or documentation they need to participate in the Adventure. You can find all the relevant information and forms on the event page for the applicable Adventure.
In order to participate in an Adventure, you must be 18 years of age or older. Additionally, for any Adventure that includes alcohol, you must be 21 years of age or older, unless superseded by applicable laws. The age requirement is enforced at the discretion of LivingSocial and we reserve the right to change the requirements at anytime. All participants will be required to sign a LivingSocial Event Waiver and LivingSocial Adventures Code of Conduct. All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein by reference.
Terms and Conditions
LivingSocial Escapes are similar to our regular Deals, but Escapes Deals are generally travel deals to destinations domestically and internationally. An average Escape could be a long weekend at a nearby bed and breakfast, while some are week-long journeys to distant destinations around the world.
Escapes Deal Terms vary from the standard Deal Terms as follows:
Refunds for Escapes that are not date-specific: Our regular Escapes do not require that you select a specific date (e.g. January 1, 2012) on which to redeem the Voucher. However, some of our regular Escapes may only be available during certain windows of time (e.g. January through April, or Sunday through Thursday). In most cases, for our regular Escapes, you can return an unredeemed Escape Voucher within 30 days of your purchase for a full refund. Thereafter, your purchase will be final and we will not grant any refunds unless otherwise stated in the LivingSocial Conditions of Use.
Refunds for date-specific Escapes: We may offer Escapes that require you to pick a specific date or range of dates on which to redeem the Voucher. This may include requirements that you book your travel and/or stay at a location by a specific date. The period of time in which these Escapes are redeemable may vary and may be shorter than the period of time for redemption that we offer for our regular Escapes. For these date-specific Escapes, you may generally return an unredeemed Voucher within 24 hours of your purchase for a full refund. Thereafter, your purchase will be final and we will not grant any refunds unless otherwise stated in the LivingSocial Conditions of Use.
In connection with some of our Escapes, you might be required to pay certain fees directly to third parties. These fees will be disclosed to you in the Fine Print of the relevant Escapes. These third-party fees such as resort fees or immigration fees may not be refunded depending on the relevant third-party’s policies. Since we do not collect these fees from you, and instead you pay the third party directly, we are not responsible for refunding payment of any such third-party fees to you.
All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein by reference.
LivingSocial Shop provides consumers with opportunities to purchase great products, which are available for a finite period and usually for a discounted price (each a “LivingSocial Product”).
All promotions are limited in terms of time and stock and all orders are subject to availability. LivingSocial Products are not available for resale.
These terms and conditions (together with the Fine Print on each LivingSocial Product page) tell you the terms and conditions on which we supply any of the LivingSocial Products listed on our Site to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any LivingSocial Products from our Site. You should understand that, by ordering any of our LivingSocial Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. How It Works
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a LivingSocial Product. All orders are subject to acceptance by us and availability of the LivingSocial Product, and we will confirm such acceptance to you by sending you an e-mail that confirms that the LivingSocial Product has been shipped (Shipping Confirmation). LivingSocial is not obligated to supply any items until we confirm with you by this Shipping Confirmation.
In the event that the LivingSocial Product you have ordered is out of stock, we will try to inform you as soon as we are made aware by our supplier.
2. Product Descriptions
LivingSocial attempts to be as accurate as possible. However, LivingSocial does not warrant that product descriptions or any other content of this site is accurate, complete, reliable, current, or error-free. If a LivingSocial Product is not as described, your sole remedy is to return it in unused condition.
3. Refund Policy
- Unless indicated in the Fine Print as Final Sale or otherwise ineligible for returns, You may return a LivingSocial Product within 14 days following delivery. In the event of a “Final Sale” promotion, you are able to apply for a refund only if the LivingSocial Product you received is different from what you ordered or is damaged or defective. For any return, you must place a return authorization request at help.livingsocial.com. A Consumer Advocate will send you a return merchandise authorization (RMA), which must be included in your return package with the LivingSocial Product. Only items returned with an RMA will be accepted for return. You must return the LivingSocial Product to us as soon as reasonably practicable and within 14 days following delivery of the LivingSocial Product. You have a legal obligation to take reasonable care of the LivingSocial Product while it is in your possession. The LivingSocial Product must be returned unused and unopened. Except in the case of damaged or defective LivingSocial Product, LivingSocial reserves the right not to refund you for any LivingSocial Product returned by you that is incomplete, damaged or in an otherwise unsellable condition. For more information about Returns, click here.
- If you return a LivingSocial Product to us:
- For any reason during the 14-day return period, we will try to process the refund due to you as soon as possible and no later than 30 days from the day when the return is received by our returns receipt facility, in which case, we will refund the price of the LivingSocial Product in full minus the shipping fee indicated in the Fine Print plus a returns-processing fee of $7.99 per item.
- Because the LivingSocial Product is damaged or defective, we will examine the returned LivingSocial Product and if we agree that the LivingSocial Product is damaged or defective we will issue a refund, in which case, we will notify you of your refund via e-mail within a reasonable period of time. We will try to process the refund due to you as soon as possible and no later than 30 days from the day we confirmed to you via e-mail that you were entitled to a refund. We will refund you all amounts paid by you for the defective LivingSocial Product, including shipping.
LivingSocial will usually refund any money received from you in the same method originally used by you to pay for your purchase.
4. Delivery and Shipping
We try to ship all LivingSocial Products by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within 30 days of the date of the Shipping Confirmation, unless there are exceptional circumstances. You agree and acknowledge that your shipping information provided may be shared with third parties, including our Merchants, suppliers or fulfillment vendors, to facilitate shipping. If the shipping information in your Shipping Confirmation is incorrect, you may change your shipping address only if you request the change within twenty four hours from the time of your order by contacting our Consumer Advocates directly by emailing email@example.com or calling 1-866-578-2110.
5. Failed Delivery
Due to its supply process, LivingSocial is normally unable to provide replacements for incorrect or defective LivingSocial Products or undertake repairs for failed delivery. Subject to a full investigation by us with our supplier and with our distributor, LivingSocial will provide a full refund for a defective, incorrect or missing LivingSocial Product.
6. Risk And Title
All items purchased from LivingSocial are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. LivingSocial does not take title to returned items until the item arrives at our designated return receipt facility. At our discretion, a refund may be issued without requiring a return. In this situation, LivingSocial does not take title to the refunded item.
7. Price And Payment
The price of the LivingSocial Products and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error. LivingSocial strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. LivingSocial reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, LivingSocial will notify you by email. In addition, LivingSocial reserves the right, at its sole discretion, to correct any error in the stated full retail price.
LivingSocial Product prices and delivery or returns fee charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
8. LivingSocial Products Available For Sale
The Site can be accessed from countries around the world. You understand that some or all LivingSocial Products provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. LivingSocial reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a LivingSocial Product to a person residing in any jurisdiction or geographical area. LivingSocial does not represent or warrant that any LivingSocial Product promoted on the Site will be available for purchase by any particular person.
- All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein by reference.
Last updated: 3 October 2012
Terms and Conditions
Onosys Services. Our web-based remote ordering services (the “Onosys Services”) allow you to place orders through the internet, mobile devices, and other "remote" methods (your “Orders”) with our client restaurants (“Restaurants”). The Onosys Services do not require Vouchers and allow you to directly transact with the Restaurants.
Ordering Marketplace. THE ONOSYS SERVICES ARE INTENDED TO FACILITATE YOUR ORDERING AND TRANSACTIONS WITH THIRD PARTY RESTAURANTS. THE ONOSYS SERVICE IS ONLY A VENUE - IT IS AN ONLINE MARKETPLACE FOR YOU TO INTERACT WITH RESTAURANTS AND OTHER FOOD PROVIDERS. LIVINGSOCIAL DOES NOT OWN OR OPERATE THE RESTAURANTS OR FOOD PROVIDERS YOU INTERACT WITH ON THIS WEBSITE. YOUR ORDERS ARE PLACED DIRECTLY WITH THE APPLICABLE RESTAURANT AND ALL FULFILLMENT AND TERMS FOR SUCH ORDER ARE SOLELY THE RESPONSIBILITY OF THE RESTAURANT. LIVINGSOCIAL IS NOT RESPONSIBLE FOR THE QUALITY OF GOODS OR SERVICES OFFERED BY RESTAURANTS OR FOOD PROVIDERS THROUGH THIS WEBSITE OR FOR THE FULFILLMENT OF ANY ORDER YOU PLACE. LISTING OF A RESTAURANT ON THE ONOSYS SERVICE IS NOT AN ENDORSEMENT BY LIVINGSOCIAL, AND LIVINGSOCIAL HEREBY DISCLAIMS ANY RESPONSIBILITY FOR THE RESTAURANTS OR SERVICES THEY PROVIDER.
Pricing. Information regarding menu items, price, availability and product descriptions contained on this website has been provided by member restaurants and food providers who are solely responsible for the content and accuracy of such information. If the checkout price and the price posted on the website are different, the checkout price will prevail in every case. If you become aware that the website contains inaccurate information, please let us know at firstname.lastname@example.org.
Refunds. Once you have placed an Order, it is non-refundable and non-cancellable. You must contact the Restaurant directly to make any changes or requests regarding your Orders.
We may make available on behalf of advertisers or Merchants a type of free Vouchers called “Offers” which will usually entitle the recipient to an amount or a percentage off on their purchases and ordinarily do not involve a specific value of Goods or Services. Offers are available to you at no charge, and accordingly Offers, unlike most Vouchers, contain only a Promotional Portion and no Paid Portion. Rather, Offers are made available by the Merchants as a reward to encourage you to visit their places of business (including websites) or purchase their Goods or Services during the period prior to the Expiration Date stated on the Offer Confirmation sent to you. These Offers expire on the date stated on the Offers Confirmation, and after the Expiration Date, the Offers will be of no value and will not be redeemable in any form or matter.
Like all Vouchers, Merchants are the sellers of the associated goods and services promoted in the Offer and are solely responsible for providing them, their quality, compliance with law, including laws with respect to Expiration Dates and the service of alcoholic beverages, and for redeeming Offers. Offers may be used only once. After receiving an Offer you must contact the Merchant to make a purchase. Availability may be limited and there is no guaranty that it will be sufficient to meet all Offers issued. Offers are subject to terms, conditions, limitations and restrictions stated on the Offer as Fine Print. LivingSocial is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Merchants on Offers. In the event that a Merchant refuses to honor an Offer without cause or contrary to law or these terms and conditions, your only recourse is only against the Merchant and LivingSocial will not have any responsibility. LivingSocial reserves the right to cancel, terminate or alter any Offers at any time. Offers are not exchangeable, refundable or redeemable in cash unless required by law.
All capitalized terms not defined herein shall have the same meaning as in the LivingSocial Conditions of Use. The LivingSocial Conditions of Use are incorporated herein by reference.
Certain of our Sites or Services may post free directory listings and links (including links that allow prepopulation of certain promo code information) to third party sites and offers, coupons, rebates, discounts, etc. made available therefrom (each “Coupon”). All Coupons are third party offers, and are not endorsed or recommended by LivingSocial. Without limitation of Section 12 of these Terms:
- LivingSocial makes no representation or warranty as to the accuracy or fitness for use of any Coupon posted via the Services or that any third party will honor or acknowledge any Coupon posted via the Services.
- You understand that LivingSocial does not and cannot review all material made available in our Coupon listings, and you are knowingly and voluntarily assuming all risks of using Coupons listed on the Site. LivingSocial and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them.
Last updated: August 22, 2013
Conditions of Use in effect prior to June 22, 2012 can be found here.