Terms of Service
ACCEPTANCE OF TERMS AND CONDITIONS
The Site provides an interactive online service operated by DatingInGroups, LLC, a Delaware Limited Liability Company (“DatingInGroups”) on the World Wide Web of the Internet (the “Internet”), consisting of information services, dating services, and transaction capabilities facilitated through DatingInGroups, affiliates of DatingInGroups and/or merchants (“Merchants”), offering vouchers for sale (“Vouchers” or “Coupons”) which may be exchanged for goods/services at Merchants and other third parties (collectively, the “Services”).
DatingInGroups shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, DatingInGroups may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form this binding Agreement. You must be at least 18 years old to be eligible to use the Site.
2. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. DatingInGroups shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
In order to use many of the Services you must register with DatingInGroups. When and if you register to become an End User, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current, and complete. You agree that we may rely on your Registration Data (including everything from uploaded photos to informational content) as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate your account and your use of the Site.
By becoming an End User, you represent and warrant that you are at least 18 years old, which is the minimum required age to become an End User and be eligible to use the Site. You also warrant and represent that you are not prohibited or prevented by any applicable law in the jurisdiction where you are located. We do not accept responsibility or liability for any content, communication, or other use or access of the Site by persons under the age of 18 who are in violation of this Agreement.
5. End User Conduct.
You hereby confirm that as of the date of your registration for DatingInGroups, you do not have any objection to receiving emails, messages and calls from DatingInGroups and other End Users of DatingInGroups as long as you are a registered End User. This consent shall supersede any preferences set by you or registration done with the CANSPAM Act, Do Not Disturb (DND Register)/National Customer Preference Register (NCPR) or similar registrations in applicable jurisdictions.
Multiple profiles of the same person are not allowed on the Site. DatingInGroups reserves the right to deactivate multiple profiles.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of DatingInGroups, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Non-Commercial Use by End Users.
The Site is for the personal use of individual End Users only, and cannot be used in connection with any commercial endeavors. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with DatingInGroups. Organizations, companies, and/or businesses cannot become End Users of DatingInGroups and should not use the Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized scraping, e-“crawling”, e-“spidering”, framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
7. Content Posted on the Site.
DatingInGroups reserves the right, in its sole discretion, to review the activity of each account and block the account of an End User based on such review. Additionally, DatingInGroups reserves the right, but does not have the obligation, to screen communications that you may send to other End Users and also regulate the same by deleting any content, communications, photos or profiles (collectively, “Content”) at any time, in its sole discretion, without prior notice to any End User. Reasons for deletion include, but are not limited to, Content that violates this Agreement or which might be offensive, illegal, hateful, or that might violate the rights, harm, or threaten the safety of either the DatingInGroups Site and/or its End Users as required under the applicable laws in the jurisdiction in which you are located.
You understand and hereby agree that all information, data, text, photographs, graphics, messages, tags, or other Content, whether publicly posted or privately transmitted or otherwise made available to and through the Site, are the sole responsibility of the person from whom such Content originated and shall be at the End User's/person's sole risk and consequence. This means that you (and not DatingInGroups) are solely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. DatingInGroups does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will DatingInGroups be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site or its Services.
Notwithstanding the foregoing, DatingInGroups reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, DatingInGroups may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, DatingInGroups may, in its sole discretion, terminate your account without a refund.
By submitting Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content. For clarity, the foregoing license granted to DatingInGroups and our users does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to your Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
8. Copyright and Trademarks.
DatingInGroups is a trademark of DatingInGroups, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on DatingInGroups are the property of their respective owners and used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF DATINGINGROUPS OR THE COPYRIGHT OWNER IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under United States copyright law. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with DatingInGroups shall not be deemed to be in the public domain but rather the exclusive property of DatingInGroups, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of DatingInGroups unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. DatingInGroups does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By posting Content on or through this Site or any Microsite, End User warrants that the owner of such material has expressly granted DatingInGroups a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed without territorial or time limitations, for the full term of any copyright that may exist in such Content. End User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants DatingInGroups the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide DatingInGroups with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for DatingInGroups’ Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Jeff Hubbard
904 Massachusetts Ave. NE
Washington, DC 20002
The foregoing provisions of Section 8 apply equally to and are for the benefit of DatingInGroups, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
9. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER DATINGINGROUPS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE AND ITS SERVICES, OR FROM ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
DATINGINGROUPS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY INDIVIDUAL ARISING OUT OF, OR SUBSEQUENT TO, ANY RELATIONS ESTABLISHED PURSUANT TO THE USE OF THE DATINGINGROUPS SITE. DATINGINGROUPS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THEIR SITE AND/OR SERVICES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATINGINGROUPS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability.
IN NO EVENT SHALL DATINGINGROUPS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR PUNITIVE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR CONDUCT IN CONNECTION WITH THE USE OF OUR SITE AND SERVICES, EVEN IF DATINGINGROUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL DATINGINGROUPS’S LIABILITY TO YOU EXCEED THE AMOUNTS PAID, IF ANY, BY YOU TO DATINGINGROUPS, FOR THE SERVICES THAT CAUSED SUCH DAMAGE.
11. Your Interactions with Other End Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER END USERS. YOU UNDERSTAND THAT DATINGINGROUPS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS ON ITS END USERS, NOR DOES IT ATTEMPT TO VERIFY THE STATEMENTS OF ITS END USERS. DATINGINGROUPS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF END USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE END USERS. NOTWITHSTANDING THE FOREGOING, DATINGINGROUPS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
YOU AGREE TO TAKE REASONABLE PRECUATIONS IN ALL INTERACTIONS WITH OTHER END USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. DATINGINGROUPS IS NOT LIABLE FOR ANY SUCH MEETING. YOU UNDERSTAND THAT DATINGINGROUPS MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER END USERS.
12. Third-Party Content.
DatingInGroups, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, DatingInGroups has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of DatingInGroups.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with DatingInGroups. DatingInGroups neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on DatingInGroups by anyone other than authorized DatingInGroups employee spokespersons while acting in official capacities. Under no circumstances will DatingInGroups be liable for any loss or damage caused by an end user’s reliance on information obtained through DatingInGroups. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through DatingInGroups.
DatingInGroups contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by DatingInGroups of the contents on such third-party sites, and DatingInGroups hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with DatingInGroups expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. DatingInGroups reserves the right to revoke its consent to any link at any time in its sole discretion.
End User agrees to defend, indemnify and hold harmless DatingInGroups, its affiliates and their respective directors, officers, employees, agents and Merchants from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases DatingInGroups from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other End User.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other 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.”
You understand and agree that you have no ownership rights to your DatingInGroups account. DatingInGroups may terminate this Agreement and/or your account at any time. Without limiting the foregoing, DatingInGroups shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User which DatingInGroups, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. In the event End User does not login to the Site for one hundred eight consecutive days, we reserve the right to deactivate End User’s account without any other cause.
15. Entire Agreement.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for DatingInGroups established by DatingInGroups, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against DatingInGroups arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and DatingInGroups; (3) the arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or DatingInGroups’ individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DatingInGroups will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor DatingInGroups shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.
II. TERMS OF SALE
The Voucher you purchase through DatingInGroups is redeemable for goods or services by the Merchant. The Merchant, not DatingInGroups, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. DatingInGroups sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Restaurant-Specific Vouchers.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
- Redemption frequency is determined by Restaurants, and shall be contained in the offer on the Site. >
- Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law
- Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
- Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine in only unless otherwise stated.
- The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
- Neither DatingInGroups nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.
- Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
- Void to the extent prohibited by law.
- If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
- All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. DatingInGroups’ sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and DatingInGroups has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers.
- Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Neither DatingInGroups nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
- Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
- Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
- Void to the extent prohibited by law.
- If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
3. Additional Terms and Conditions for All DatingInGroups Vouchers.
All Vouchers shall be subject to the terms and conditions of DatingInGroups and the participating Restaurant or Merchant. The Merchant or Restaurant is the seller of the goods or services that you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release DatingInGroups and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the DatingInGroups, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact DatingInGroups, explain your situation in writing, and DatingInGroups will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from DatingInGroups.