Terms of Use

TERMS OF USE

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE DAILY DEAL “WIDGET” OR USING ANY PART OF THE WIDGET. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU WILL NOT HAVE ANY RIGHT TO USE THE WIDGET.

Acceptance of Terms

The following terms and conditions govern all use of the Morgan’s Deals Daily Deal Widget (the Widget). The Widget is owned and operated by Adkins Publishing Inc. dba Morgan’s Deals (Morgan’s Deals). The Widget will publish offers (Offers) each day that can be purchased in exchange for an offer voucher (Voucher). The Widget is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Widget by Morgan’s Deals (collectively, the Terms of Use).

If you do not agree to all of these Terms of Use, then do not access, USE, OR MAKE A PURCHASE THROUGH the WIDGET.

Offers

Morgan’s Deals takes no responsibility for the services or products for which Vouchers may be redeemed – Morgan’s Deals makes no warranty to the End Users for the quality, safety, usability, or other aspect of the product or service for which the Voucher is redeemed. Some services for which Vouchers can be redeemed are activities that involve potential bodily harm (such as skydiving, etc), and for those activities, Morgan’s Deals takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing the services for which the Voucher can be redeemed. See, below, for more information on this limitation of Morgan’s Deals liability.

Purchases

By making a purchase, you agree to abide by the restrictions included in the offer details stated by the merchant for the Voucher.

The Voucher you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as “Merchant.” The Merchant, not Morgan’s Deals, is the seller of the goods and services. Morgan’s Deals sells a voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

Your purchase is subject, but not limited, to the following conditions. Additional conditions outlined by the Merchant apply to the Voucher.

  1. Vouchers are offered at below face-value. As a result, they are redeemable only for one visit not incrementally unless otherwise noted.
  2. Limit of one (1) Voucher per customer unless explicitly stated otherwise by the Merchant.
  3. If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law.
  4. The End User is responsible for paying sales tax, tip, or shipping and handling if applicable.
  5. The Merchant is responsible for following state tax, gift certificate, and consumer laws.
  6. The Merchant has the discretion to require advanced reservation, appointment, or to limit redemption over a period time based on the Merchants capacity.
  7. Redemption of the Voucher for alcohol if applicable and at the discretion of the Merchant and is subject to state laws governing the Merchant.
  8. Unless clearly stated, the Voucher is not able to be combined with other offers, discounts, or specials offered by the Merchant.
  9. The Voucher if not fully redeemed is not good for cash. A credit for unused Voucher value is at the discretion of the Merchant.
  10. Reproduction, re-sales, gifts, or trade of the voucher is prohibited unless allowed by state law.
  11. The Voucher is void to the extent prohibited by law.
  12. The Voucher expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash value you paid for the Voucher to the extent required by applicable law.
  13. Neither Morgan’s Deals, the seller, nor the Merchant is responsible for stolen or lost Vouchers.
  14. Vouchers bought with referral points are limited to one per Deal.
  15. Unless a deal's fine print states otherwise, any unredeemed Morgan's Deals voucher may be returned within the first 7 days after purchase. No refunds after 7 days of purchase.
  16. No refunds on gift cards and gift certificates.  
  17. No more than 50% Morgan's Deals Dollars will be issued after 30 days of purchase.  

 

Changes

Morgan’s Deals reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Widget following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy

Morgan’s Deals current privacy policy is available at www.MorgansDeals.com (the Privacy Statement) , which is incorporated by this reference. We strongly urge you to review the Privacy Statement.

Third Party Sites

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Widget. These other websites are not under Morgan’s Deals control, and you acknowledge that Morgan’s Deals is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Morgan’s Deals or any association with its operators.

Proprietary Rights

You agree that all content and materials delivered via the Widget or otherwise made available by Morgan’s Deals on the Widget are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Morgan’s Deals in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Systematic retrieval of data or other content from this Widget to create or compile, directly or indirectly, a collection, database or directory without written permission from Morgan’s Deals is prohibited. Reproducing, copying or distributing any content, materials or design elements on the Widget for any other purpose is strictly prohibited without the express prior written permission of Morgan’s Deals. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

No Warranties

 

THE WIDGET (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE WIDGET) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MORGAN’S DEALS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE WIDGET WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WIDGET IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WIDGET WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability IN NO EVENT SHALL MORGAN’S DEALS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Morgan’s Deals, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys’ fees that arise from your use or misuse of the Widget. Morgan’s Deals reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Morgan’s Deals in asserting any available defenses.

International Use

Morgan’s Deals makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Widget is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Morgan’s Deals agree that any cause of action arising out of or related to the Widget must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Widget shall be filed only in the state or federal courts located in Austin, Texas, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Widget is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability

These Terms of Use are the entire agreement between you and Morgan’s Deals with respect to the Widget, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Morgan’s Deals with respect to this Widget (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous

These Terms of Use and the Widget contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Morgan’s Deals prior written consent. Morgan’s Deals may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Unless otherwise indicated, these Terms of Use, Morgan’s Deals, and all Content provided by Morgan’s Deals are copyright © 2010 Adkins Publishing, Inc. All rights reserved.

“Morgan’s Deals” as well as page headers, custom graphics, buttons, images and other content on the Widget, is subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Adkins Publishing, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Widget are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Widget is strictly prohibited.

Contact

Morgan’s Deals 8900 Business Park Drive Suite 200 Austin, TX 78759, 512-451-0367.