MeanBuy - Terms and Service!

PRIVACY POLICY

PRIVACY POLICY

Last Updated: April 2, 2015

This Privacy Policy (“Privacy Policy”) explains how MeanBuy, a Delaware limited liability company (“MeanBuy,” “us,” “our,” and “we”) uses your information and applies to all who use our Web site, mobile applications, electronic services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific Web sites we offer that link to or reference this Privacy Policy (collectively, the “Site”) and when you receive electronic communications from us. Please read this Privacy Policy carefully and review it periodically for the latest information about our privacy practices. By using the Site, you agree to the terms of this Privacy Policy. If you do not agree with the practices described in this Privacy Policy, please do not provide us with your personal information or interact with the Site. We will routinely update this Privacy Policy to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective. You can determine when this Privacy Policy was last revised by referring to the date it was “Last Updated” above. You can review the last version of this Privacy Policy here once it becomes available. This Privacy Policy is organized as follows:

  1. Types of Information We Collect
  2. Your Choices
  3. How MeanBuy Uses Information
  4. When and Why MeanBuy Discloses Personal Information
  5. How MeanBuy Collects Information
  6. Security of Personal Information
  7. Accessing and Correcting Personal Information
  8. Social Networks
  9. Privacy Practices of Third Parties
  10. Children’s Privacy
  11. Contact Us; California Privacy Rights and Other Countries
  12. Glossary of Terms

1. Types of Information We Collect

We will collect information, including Personal Information and Non-Identifying Information, when you interact with us and the Site, for example when you:

  • access or use the Site;
  • register, subscribe, or create an account with MeanBuy;
  • open or respond to our e-mails;
  • provide information to enroll or participate in programs provided on behalf of, or together with, Business Partners;
  • visit any page online that displays our ads or content;
  • purchase products or services on or through the Site;
  • connect or link to any Site via social networking sites;
  • post comments to Online Communities; and
  • provide information to our Vendors.

This Privacy Policy does not apply to the collection of information in any way other than as listed above.

2. Your Choices

We respect your privacy, and are committed to reasonable measures to safeguard personally identifying information you may share with us. We think that you benefit from a more personalized experience when we know more about you and what you like. However, you can limit the information you provide to MeanBuy, and you can limit the communications that MeanBuy sends to you. You can manage your email and notice preferences by MeanBuy through the contact section of the MeanBuy website. You can also manage your subscriptions by following subscription management instructions contained in the commercial e-mails that we send you. You may choose to subscribe to some types of messages, and may choose to unsubscribe from others. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your account and your purchases. For example, even if you have unsubscribed from our promotional email messages, we will still send you confirmations when you make purchases on the Site. You may manage how your browser handles Cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain Third-Party Ad-Servers online using the National Advertising Initiative’s Opt-Out Tool, or on TRUSTe’s site. You may manage how your mobile device and mobile browser share certain Device Data with MeanBuy, as well as how your mobile browser handles Cookies by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. You may also manage the sharing of certain Personal Information with us when you connect with us through social networking platforms or applications. Please refer to the privacy policy and settings of the social networking website or application to determine how you may adjust our permissions and manage the interactivity between MeanBuy and your social networking account or your mobile device. If you wish to opt out of receiving offers directly from our Business Partners, you can follow the opt-out instructions in the emails that they send you.

3. How MeanBuy Uses Information

We (or our Vendors on our behalf), use information collected as described in this Privacy Policy to:

  • Operate, maintain and improve the Site and our services;
  • Provide you with personalized ads and offers for products and services from us and participating Business Partners;
  • Facilitate and fulfill orders placed on the Site – for example, for MeanBuy vouchers and other goods and services, including tracking redemption;
  • Evaluate your eligibility for certain types of offers, products or services that may be of interest to you, and analyze advertising effectiveness;
  • Answer your questions and respond to your requests;
  • Perform analytics and conduct customer research;
  • Communicate and provide additional information that may be of interest to you about MeanBuy and our Business Partners, sometimes by combining your information with information from Other Sources;
  • Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of Business Partners;
  • Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our Business Partners;
  • Manage our everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use, or to comply with the law;
  • Allow you to apply for a job, post a video or sign up for special offers from merchants, Business Partners, or third parties through the Site, and to
  • Enhance other information we have about you directly or from Other Sources to help us better understand you and determine your interests.

We also may use information collected as described in this Privacy Policy with your consent or as otherwise required or permitted by law.

4. When and Why MeanBuy Discloses Information

We (or our Vendors on our behalf) may share your Personal Information as required or permitted by law:

  • with any MeanBuy Affiliate who may only use the Personal Information for the purposes described in this Privacy Policy;
  • with our Vendors to provide services for us and who are required to protect the Personal Information;
  • to report or collect on debts owed to us or our Business Partners;
  • with relevant Business Partners:
  • with whom we jointly offer products and services;
  • to facilitate a direct relationship with you, including in connection with any program we administer on behalf of the Business Partner;
  • to enable electronic communications with you as part of purchase, a sponsored reward, offer, contest, program, or other activity in which you have elected to participate;
  • to the extent you have purchased or redeemed a MeanBuy voucher, goods or services offered by a Business Partner or participated in an offer, rewards, contest or other activity or program sponsored or offered through MeanBuy on behalf of that Business Partner;
  • with a purchaser of MeanBuy or any of the MeanBuy Affiliates (or their assets);
  • to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions;
  • to combat fraud or criminal activity, and to protect our rights or those of our Affiliates, users, and Business Partners, or as part of legal proceedings affecting MeanBuy;
  • in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate; or
  • with your consent.
  • We encourage Business Partners to adopt and post privacy policies. However, their use of Personal Information obtained through MeanBuy is governed by their privacy policies and is not subject to our control. We may also disclose Non-Identifiable Information:

    • for the same reasons we might share Personal Information;
    • with Business Partners for their own analysis and research;
    • to facilitate targeted content and ads; or
    • with Third-Party Ad-Servers to place our ads and/or ads of our merchants or Business Partners on the Site and on third-party sites, and to analyze the effectiveness of those ads.

    We do not share Personal Information with Third-Party Ad-Servers; however, Third-Party Ad-Servers may automatically collect Non-Identifying Information about your visit to the Site and other websites, your device address, your Internet Service Provider and the browser you use to visit the Site. They do this by using Cookies, clear gifs and other technologies. Information collected may be used, among other things, to deliver advertisings targeted to your interests and to better understand the usage and visits to the Site and the other websites tracked by these third parties. This Privacy Policy does not cover the collection methods or use of the information collected by Third-Party Ad-Servers, and MeanBuy is not responsible for Cookies or clear gifs in third party ads. We encourage you to review the privacy policies or statements of these third party advertising companies to learn more about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by third party advertisers, please visit http://www.networkadvertising.org.

    5. How MeanBuy Collects Information

    You provide us with your Personal Information when you register, subscribe, create an account, purchase or redeem MeanBuy vouchers, or otherwise when you provide us with your Personal Information during your interaction with the Site. We also collect Personal Information when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting to an Online Community. We also receive Personal Information and other online and offline information from Other Sources. MeanBuy will use such information in accordance with applicable laws. Such information, when combined with Personal Information collected as provided in this Privacy Policy, will also be handled in accordance with this Privacy Policy. We also use or may use cookies, tags, web beacons, local shared objects, files, tools and programs to keep records, store your preferences, improve our advertising, and collect Non-Identifying Information, including Device Data and your interaction with the Site and our Business Partners' web sites. We use Cookies that contain serial numbers that allow us to connect your Site activity with other information we store about you in your profile or as related to your interactions with the Site. We use session cookies on a temporary basis, such as to manage your view of pages on the Site. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (for example, your user id if you asked to be remembered), and storing your preferences (for example, the cities for which you want to be shown MeanBuy vouchers). Information from Cookies also tells us about the website you were visiting before you came to the Site and the website you visit after you leave the Site. When you access these pages or open email messages, we may use Pixel Tags and Web Beacons to generate a notice of that action to us, or our Vendors. These tools allow us to measure response to our communications and improve the Site’ pages and promotions. Device Data may be collected when your device interacts with the Site and MeanBuy, even if you are not logged into the Site using your device. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

    6. Security of Personal Information

    MeanBuy has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information. For example, we use 128 bit BCRYPT for information on the Website & Braintree for all Financial Account Information. If you want to know more about the security of Financial Account Information you should review Braintree’s policies here.

    7. Accessing and Correcting Personal Information

    You can access, update and delete your, Financial Account Information, and the other information you provided to us in your profile by logging into your account and contacting us in the “Contact Us” section of the Site or sending us an email at privacy@MeanBuy.com. Keeping your Personal Information current helps ensure that we, our Affiliates and Business Partners offer you the offers that are most relevant to you. If you want to close your MeanBuy account or have other questions or requests, please contact us. While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases on the Site for financial reporting and compliance reasons. We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services contact us at privacy@MeanBuy.com. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    8. Social Networks

    Social Community Areas

    The Site may be accessible through or contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and submit media content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post may be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a public review, you may receive unsolicited messages from other parties. You should avoid publicly posting Personal Information or identifying information about third parties.

    Connecting through Social Networks

    MeanBuy offers social networking users the opportunity to interact with friends and to share on social networks. If you are logged into both MeanBuy and a social network such as Facebook, Twitter or Google+, when you use the Site’ social networking connection functions, we may link your social network account with your MeanBuy account if the email addresses match. If the email addresses do not match, we ask you if you want to link them and you must validate that you control the accounts. If you are already logged into MeanBuy but not logged into your social network site, when you use the Site’ social network connection functions, you will be prompted to enter your social network web site credentials or to sign up for the social network. If you are not currently registered as a MeanBuy user and you use the Site’s social network connection functions, you will first be asked to enter your social network credentials and then be given the option to register and join MeanBuy. Once you register with MeanBuy and connect with the social network, you will be able to automatically post recent MeanBuy activity back to your social network. Please refer to the privacy settings in your social network account to manage the data that is shared through your account. By proceeding through any of the above steps, you grant MeanBuy permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Policy.

    9. Privacy Practices of Third Parties

    This Privacy Policy only addresses the use and disclosure of information by MeanBuy through your interaction with the Site. Other websites that may be accessible through links from the Site may have their own Privacy Policy and personal information collection, use, and disclosure practices. Our Business Partners may also have their own Privacy Policy. We encourage you to familiarize yourself with the Privacy Policy provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.

    10. Children’s Privacy

    MeanBuy does not intend that any portion of the Site will be accessed or used by children under the age of thirteen, and such use is prohibited. The Site is designed and intended for adults. By using MeanBuy, you represent that you are at least eighteen years old and understand that you must be at least eighteen years old in order to create an account and purchase the goods or services advertised through the Site. We will promptly delete information associated with any account be obtain actual knowledge is associated with a registered user who is not at least eighteen years old.

    11. Contact Us; California Privacy Rights and Other Countries

    Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at privacy@MeanBuy.com. You can reach us via postal mail at the following address: MeanBuy LLC. Attention: Privacy 222 Merchandise Mart Plaza, Floor 12 Chicago, Illinois 60654 If you reside in Canada, you may have the right to be provided with access to Personal Information that we have collected about you and written information about our policies and practices with respect to the transfer of your personal information to Vendors outside Canada. E-mail us at privacy@MeanBuy.com with questions. Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by MeanBuy pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or address stated above. Please allow 30 days for a response.

    12. Glossary of Terms

    • Affiliate means a company owned and/or controlled by MeanBuy, LLC.
    • Business Partners means, collectively, third parties with whom we conduct business, such as merchants, co-marketers, distributors, and resellers.
    • Cookie means a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the Site. Some cookies are temporary, whereas others may be configured to last longer. “Session cookies” are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent cookies” are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser.
    • Device Data means information concerning a device you use to access, use, or interact with the Site, such as operating system type or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geo-location, unique device identifier or other device identifier, mobile phone carrier identification, and device software platform and firmware information.
    • Non-Identifying Information means information that alone cannot identify you, including data from Cookies, Pixel Tags and Web Beacons, and Device Data. Non-Identifying Information may be derived from Personal Information.
    • Online Communities means, collectively, our social networking pages or accounts, forums, bulletin boards, discussion groups, chat rooms or other methods of communication that may be offered on or linked through the Site.
    • Other Sources means sources of information that legally provide MeanBuy with your information, and which are outside the scope of this Privacy Policy at the time of collection.
    • Personal Information means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. This includes the following types of information:
    • Contact Information: your name, postal addresses, email addresses, social networking website user account names, telephone numbers, or other addresses at which you are able to receive communications.
    • Relationship Information: information you provide that enables us to determine lifestyle, interests, and activities, including location information related to your state/province, city, or neighborhood; areas of interest, the types of deals that interest you, information collected through your interactions with social networks, demographic information (e.g., birth date, age, gender); information about persons for whom you have purchased MeanBuy vouchers as gifts or who have bought MeanBuy vouchers as gifts for you; and information about friends who refer you or whom you have referred;
    • Transaction Information: information you provide when you interact with us and the Site, such as the MeanBuy vouchers you are interested in, purchase and redeem; email and other communications; and how you interact with Business Partners and our Vendors; and
    • Financial Information: information collected from you as needed to process payments for MeanBuy vouchers or other products or services that you buy, or as provided by you to administer your participation in optional services and programs, such as your payment card number, expiration date, and card verification number.
    • Pixel Tags and Web Beacons means tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions.
    • Third-Party Ad-Servers means Vendors and other third parties that provide the technology to place ads on websites and track ad performance.
    • Vendors means, collectively, third parties that perform business operations on behalf of MeanBuy, such as transaction processing, billing, mailing, communications services (e-mail, direct mail, etc.), marketing, data processing and analytics, servicing, collections, or ad management.

    TERMS OF SERVICE

    TERMS OF SERVICE

    Welcome to the MeanBuy Site (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us here. These Terms of Use were last updated on October 22, 2014.

    ACCEPTANCE OF TERMS OF USE

    MeanBuy, LLC (“MeanBuy” "we" or “us” or “our”) owns and operates the website, www.MeanBuy.com, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, "Site"). By using the Site and MeanBuy’s services through the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Policy, located on top of this page, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.

    IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY MEANBUY SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

    1. About the Site
    2. Ownership of the Site
    3. Use of the Site
    4. Access to the Site
    5. Modification
    6. Your Account
    7. Your Conduct
    8. Your Privacy
    9. Terms of Sale
    10. Special Programs
    11. Copyright and Trademarks
    12. User Content
    13. Unsolicited Ideas
    14. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
    15. Disclaimer of Warranty
    16. Limitation of Liability
    17. Electronic Communications
    18. Websites of Others
    19. Indemnification/Release
    20. Force Majeure
    21. Assignment
    22. Entire Agreement
    23. Choice of Law
    24. Dispute Resolution
    25. Additional Disclosures

    1. About the Site

    The Site is a platform through which certain merchants (“Merchants”) sell goods, vouchers for services or experiences (“Vouchers”), and may from time to time make available other Offerings (collectively, “Offerings” meaning the goods and/or services provided by a Merchant, stated on the Offering Platform as presented by MeanBuy. Value’s determined by Merchant). Merchants are the sellers and issuers of Goods & Vouchers. The Merchant is solely responsible to you for the care and quality of the goods and services it provides. In addition, the Site also provides a platform through which you can purchase products from MeanBuy (“Products”) and participate in other available programs.

    All Offerings, Products, other available programs and pricing on the Site may change at any time in MeanBuy’s discretion, without notice.

    2. Ownership of the Site

    The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, Merchants and other content providers. By using the Site and accepting these Terms of Use: (a) MeanBuy grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by MeanBuy; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of MeanBuy.

    3. Use of the Site

    As a condition of your use of the Site, you agree that:

    • You are at least 18 years of age;
    • You are able to create a binding legal obligation;
    • You are not barred from receiving products or services under applicable law;
    • You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
    • Your use of the Site will at all times comply with these Terms of Use;
    • You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
    • You will only make purchases on the Site for your own use and enjoyment or, as a gift for another person;
    • You have the right to provide any and all information you submit to the Site, the information and all such information is accurate, true, current and complete;
    • You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
    • You will only purchase an Offering, Product or participate in other available programs through the Site by creating an account on the Site, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Use.

    4. Access to the Site

    MeanBuy retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

    5. Modification

    We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Site. If you have an account on the Site, any changes to these Terms of Use will be effective upon our notice of the changes on the Site; provided that these changes will not apply to Offerings or Products purchased prior to the effective date of such changes. If you do not agree to the changes, you may close your account without penalty and you should not use the Site or any services offered through the Site after the effective date of the changes. If you do not have an account, any changes will be effective immediately for new and existing users of the Site and for all Vouchers or Products purchased after the effective date of the change. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

    6. Your Account

    You may only create and hold one account on the Site for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, payment data; and (b) opt-out of persistent login. You understand and agree that MeanBuy shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. Your account will expire and you will lose any Promotions and/or other discounts earned through a Promotional Activity if your account is not maintained with current information. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current or future promotional account credits and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, but not limited to, requirements for use.

    7. Your Conduct

    All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies.

    The following activities are prohibited on the Site and constitute express violations of these Terms of Use:

    • Submitting any content to the Site that:
      • Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
      • Contains personal information, except when we expressly ask you to provide such information;
      • Contains viruses or malware;
      • Offers unauthorized downloads of any copyrighted, confidential or private information;
      • Has the effect of impersonating others;
      • Contains messages by non-spokesperson employees of MeanBuy purporting to speak on behalf of MeanBuy or provides confidential information concerning MeanBuy;
      • Contains chain letters of any kind;
      • Is purposely inaccurate, commits fraud or falsifies information in connection with your MeanBuy account or to create multiple MeanBuy accounts; or
      • Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
    • Attempting to do or actually doing any of the following:
      • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
      • Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
      • Scanning or testing the security or configuration of the Site or to breach security or authentication measures; or
      • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.
    • Using any of the following:
      • Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
      • Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
      • The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with MeanBuy; or
      • The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with MeanBuy, including, without limitation, aggregating current or previously offered deals.
    • Collecting any of the following:
      • Content from the Site, including, but not limited to, in connection with current or previous offerings, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
      • Personal Information (defined in our Privacy Policy), User Content (defined in Section 12 below) or content of any consumers or Merchants.
    • Engaging in any of the following:
      • Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by MeanBuy;
      • Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
      • Reselling or repurposing your access to the Site or any purchases made through the Site;
      • Exceeding or attempting to exceed quantity limits when purchasing Offerings or otherwise using any MeanBuy account to purchase Offerings for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;
      • Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
      • Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
      • Aggregating any current or previous offerings or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
      • Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Product) may be allowed, however, MeanBuy may deny, reject, delete, and/or forbid any such linking at its discretion;
      • Hyperlinking to the Site from any other website without our initial and ongoing consent; or
      • Acting illegally or maliciously against the business interests or reputation of MeanBuy, our Merchants or our services.

    8. Your Privacy

    We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in these Terms of Use, and is available on top of this page.

    9. Terms of Sale

    By purchasing or obtaining any Offering via the Site, you agree to these Terms of Use, including the Terms of Sale, available on the bottom of this page.

    10. Special Programs

    Keep in mind, should MeanBuy offer Special Programs, by participating in special programs, you agree to these Terms of Use and will be required to agree to any additional terms each program will carry with it and be provided to you at time of enrollment.

    11. Copyright and Trademarks

    The Site contains 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, trademark and other intellectual property laws of the United States. MeanBuy owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of MeanBuy or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. You will not upload, post or otherwise make available on the 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. MeanBuy does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. MeanBuy owns trademarks, registered and unregistered, in many countries and "MEANBUY," "CROWD BASED PRICING," "PAY YOUR OWN PRICE," the MeanBuy logos and variations thereof found on the Site are trademarks owned by MeanBuy, LLC or its related entities and all use of these marks inures to the benefit of MeanBuy. Other marks on the site not owned by MeanBuy may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of MeanBuy unless otherwise stated, or may be the property of their respective owners. You may not use MeanBuy's name, logos, trademarks or brands without MeanBuy's express permission.

    12. User Content

    The Site may now or in the future provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a MeanBuy account to submit User Content. If you contribute any User Content, you represent and warrant that: (a) you are the creator the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; or if User Content contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment. MeanBuy shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by MeanBuy, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MeanBuy shall have the right to remove any material from the Communities or any other MeanBuy controlled sites, in its sole and absolute discretion. MeanBuy assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. MeanBuy has no obligation to use User Content and may not use it at all. In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. MeanBuy makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

    Public Nature of Your User Content.

    • You understand and agree that User Content may be public. Any person (whether or not a user of MeanBuy’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. MeanBuy is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
    • Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by MeanBuy. Other users may post User Content that is inaccurate, misleading or deceptive. MeanBuy does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of MeanBuy. MeanBuy does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including any objectionable User Content.

    License Grants.

    • Some User Content you submit to MeanBuy may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant MeanBuy a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, MeanBuy shall have no obligation to use your Personal Information in connection with any User Content.
    • As between you and MeanBuy, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant MeanBuy a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. MeanBuy’s license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
    • As detailed in Section 3, contributing User Content or other information on or through the Site, is limited to individuals over 18 years old. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over 18 years old. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least 18 years old. If you are under 18 years old, please notify us and we will take action.

    13. Unsolicited Ideas

    We do not accept or consider, directly or through any MeanBuy employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

    • MeanBuy has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
    • MeanBuy will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

    14. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

    MeanBuy reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. MeanBuy may, under appropriate circumstances and at its discretion, terminate your or any third-party’s right to access to the Site, if MeanBuy determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to MeanBuy's attention, you must provide MeanBuy's DMCA Agent identified below 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 of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement 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, including telephone number and email 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. The contact information for MeanBuy’s DMCA Agent for notice of claims of copyright infringement is: MeanBuy, LLC Attn: Copyright Agent, 1 N LaSalle St #1450, Chicago, IL 60602, email: dmca@MeanBuy.com.

    15. Disclaimer of Warranty

    YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF MEANBUY, ITS SUBSIDIARIES OR AFFILIATES OR 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 WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION OFFERINGS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF OFFERINGS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, OFFERINGS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, MEANBUY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE OFFERINGS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

    16. Limitation of Liability

    IN NO EVENT SHALL MEANBUY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; OR (E) THESE TERMS OF USE. IN NO EVENT WILL MEANBUY’S LIABILITY IN CONNECTION WITH A OFFERING AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED (I) THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR (II) FIVE HUNDRED DOLLARS, WHICHEVER IS LESS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    17. Electronic Communications

    When you use the Site or send emails to MeanBuy, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

    18. Websites of Others

    The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.

    19. Indemnification / Release

    You agree to defend, indemnify and hold harmless, MeanBuy, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any Offerings purchased by you through the Site; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third-party. You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release MeanBuy from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Offering and any conduct, speech or User Content, whether online or offline, of any other third-party.

    20. Force Majeure

    MeanBuy shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of MeanBuy.

    21. Assignment

    You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of MeanBuy. Any attempted assignment that does not comply with these Terms of Use shall be null and void. MeanBuy may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

    22. Entire Agreement

    The Terms of Use, including the incorporated Terms of Sale, Privacy Policy and other terms incorporated by reference, constitutes the entire agreement and understanding between you and MeanBuy with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and MeanBuy with respect to such subject matter.

    23. Choice of Law

    Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or MeanBuy’s services shall be governed by the laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles. If you reside in Canada, any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or MeanBuy’s services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles. MeanBuy and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

    24. Dispute Resolution

    • (a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and MeanBuy arising out of, or relating in any way to, the Terms of Use, the Site or your use of the Site, Offerings or services offered or distributed through the Site (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Cook County, Illinois. By virtue of this Agreement (defined below), you and MeanBuy are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 24(a) or Section 24(d)). The provisions of this Section 24 shall constitute your and MeanBuy’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Agreement”). Any modification to this Agreement shall be in writing and signed by you and MeanBuy. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 24(e) and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: Harvard Business Services, Inc. 16192 Coastal Hwy, Lewes, DE 19958. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. MeanBuy will reimburse those fees for Disputes totaling less than $5,000 unless the arbitrator determines the Dispute is frivolous. Likewise, MeanBuy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Chicago, Illinois, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside.
    • (b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
    • (c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in Cook County, Illinois; (ii) you and MeanBuy irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and MeanBuy agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) you and MeanBuy agree to waive any right to a trial by jury.
    • (d) Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 7 (“Your Conduct”) of the Terms of Use.
    • (e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
    • (f) Severability. With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

    25. Additional Disclosures

    No waiver by either you or MeanBuy of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Agreement shall continue in full force and effect.

    You are contracting with MeanBuy, LLC Correspondence should be directed to: MeanBuy, LLC, 222 Merchandise Mart Plaza, Floor 12, Chicago, IL 60654;CONTACT US

    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.

    The provisions of these Terms of Use apply equally to and are for the benefit of MeanBuy, 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.

    TERMS OF SALE

    TERMS OF SALE

    By purchasing or obtaining any Offering or participating in other available programs via the Site, you agree to the Terms of Use, including the Terms of Sale specified below.

    (a) In General

    Descriptions of the Offerings advertised on the Site are provided by the Merchant or other referenced third parties. MeanBuy may, but does not guarantee that it investigates or vets Merchants, and MeanBuy is not responsible for any performance or quality claims associated with the description of the Offerings. Pricing relating to Offerings on the Site may change at any time in MeanBuy’s or Merchant’s discretion without notice.

    A Merchant may as its Offering advertise goods, services or experiences on the Site, or with respect to Products, supply Products to MeanBuy, that require Merchant to have an up-to-date regulatory authorization, license, or certification. MeanBuy does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including but not limited to, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing any Offering to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.

    MeanBuy is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, Products or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.

    MeanBuy may, in its sole discretion, verify a user’s identity prior to processing a purchase. MeanBuy may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use. Refunds for cancelled orders may be issued where appropriate.

    If an Offering becomes unavailable between ordering and processing, MeanBuy will either cancel or not process the order and will notify you by email.

    MeanBuy does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. MeanBuy reserves the right, in its sole discretion, to not process or to cancel any orders placed, if the price was incorrectly posted on the Site. If this occurs, MeanBuy will notify you by email. In addition, MeanBuy reserves the right, in its sole discretion, to correct any error in the stated retail price of the Offering.

    (b) Vouchers

    Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) 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. You waive and release MeanBuy 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 goods, services or experiences a Merchant provides in connection with the Voucher.

    By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase (the “fine print” regardless of how labeled), the Terms of Use and these Terms of Sale. These rules apply to all Vouchers that we make available, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms of Use (including the Terms of Sale) will render the Voucher void.

    The Merchant is the sole issuer of the Voucher. If a Merchant or venue refuses to honor any Voucher, MeanBuy will refund the amount paid upon request in the original form of payment. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Vouchers is prohibited. Pricing relating to Offerings on the Site may change at any time in MeanBuy’s discretion, without notice.

    The Merchant is solely responsible for the sale and shipment of alcoholic beverages. Any offer that features alcohol will contain information about shipping and other restrictions. For more Buying questions and MeanBuy’s tax policies please email at info@meanbuy.com Frequently asked questions about MeanBuy’s shipping policies are available here.

    • Additional terms applicable to traditional Vouchers. A traditional Voucher is any Voucher other than a Coupon, ticket, a Local Pick-Up Voucher (described below), or a Voucher redeemable for ticketed events (e.g., MeanBuyLive and other ticketed event vouchers). A traditional Voucher has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $20 for a Voucher that entitles you to $50 of goods, services or experiences from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded) and the promotional value is $30 (this amount expires on the date stated on the Voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the Voucher for at least the amount paid, even after the promotional value has expired. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Vouchers are not reloadable, meaning that the amount paid of the Voucher cannot be increased, but are fully transferrable.
    • Additional terms for MB-Pass Tickets and Vouchers.
      • Tickets and Vouchers. Some Vouchers are MeanBuy-brand tickets or Vouchers redeemable for a ticket for admission to a specific ticketed event at a named venue, sometimes branded as “MB-Pass.” MB-Pass Tickets, MeanBuyLive Vouchers and certain other Vouchers redeemable for tickets or admission to events (“MB-Pass Tickets and Vouchers”) have no value once the event date and time has passed. Unless otherwise stated, MB-Pass Tickets and Vouchers are refundable to the purchaser in the original form of payment ONLY: (i) upon request until midnight on the day of purchase, (ii) automatically if the event is canceled and not rescheduled, and (iii) upon request if the event is rescheduled. MB-Pass Tickets and Vouchers are sold inclusive of all taxes and additional fees unless otherwise noted and may not be combined with other offers. MB-Pass Tickets and Vouchers do not include any applicable gratuity. Unless a specific exception is made, MB-Pass Tickets and Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. MB-Pass Tickets and Vouchers obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
      • Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission, ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any MB-Pass Tickets and Voucher are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against MeanBuy, the venue, the issuer of the tickets and all of their respective affiliates, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture or reproduction of any event for which you purchase MB-Pass Tickets and Vouchers. You agree that any event for which you purchase MB-Pass Tickets and Vouchers are public events, that your appearance and actions inside and outside the venue where the event occurs are public in nature and that you have no expectation of privacy with regard to your actions or conduct at the event.
    • Additional terms for MeanBuy Local Products ("Local Pick-up" and "Local Shipping"). For some deals, MeanBuy will provide you with two options for receipt of your goods: Local Pick-up and Local Shipping. Options may vary based on a specific deal. The local Merchant selling these goods retains all legal title for the goods sold. All deals are subject to the local Merchant’s related terms and conditions, including the applicable return policy. Taxes and fees are included in the purchase price.
      • Local Pick-up. When you opt to purchase a Voucher with Local Pick-up you agree to pick-up the good at the local store listed on the Voucher and deal page. Information about store hours, locations, and contact information is available on the Voucher. A Voucher for Local Pick-up is different than a traditional MeanBuy Voucher, a ticket, or a Voucher redeemable for a ticketed event, in each case, a Voucher that is redeemable for a specific good or service. Local Pick-up Vouchers are redeemable at the physical store location for in store pick-up as identified on the Local Pick-up Voucher and expire on a date certain when the goods are no longer available for pick-up. MeanBuy will not refund you if you are unable to redeem your Voucher before the expiration date. However, if you are unable to use a Voucher before it’s expiration date, you can use the Voucher for the Winning Offer Rate as credit with the Merchant.
      • Local Shipping. When you purchase a deal with Local Shipping you agree to receive goods by shipment to the address you provide. Following your purchase, no further action is required. The local Merchant selling the goods will ship the goods directly to you.

    (c) Products

    Products that you purchase through the Site are subject to the terms below:

    • Orders.
      • When you purchase an item sold by MeanBuy LLC or any other MeanBuy entity that sells Products (“MeanBuy Goods”), clicking the "SUBMIT YOUR PRICE” button constitutes an offer to buy the Products at that price. Your purchase is not complete until we notify you if your offer was accepted. We reserve the right to reject your offer and not conclude a contract with you.
      • If you wish to cancel your Offer during the Auction, you must request cancellation by MeanBuy and MeanBuy may, but is not required to, cancel your offer in its discretion.
      • If you wish to cancel your order after the Auction, before delivery or change the quantity of items purchased or the delivery address, please contact us within 2 hours of your Winning Offer for consideration. Once that window closes, we cannot make changes to your order, although you may be eligible to make returns as outlined in these Terms of Sale or the offer’s fine print.
    • Shipping and Delivery.
      • Shipping is in most cases FREE. If different, shipment and tracking options and applicable charges will be stated in the fine print and will vary by Offering. Shipment may be limited to specific geographic locations.
      • Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such. We may have to cancel an order before your Products are delivered; if this happens, we will promptly contact you at the email address that is registered with your account.
      • When Products are delivered to the delivery address provided at checkout, legal title to those Products will transfer to the recipient (i.e. the Products will become the recipient's personal property).
    • Returns.
      • Most items sold by MeanBuy Goods may be returned to us, subject to the MeanBuy Goods Return Policy, but certain items are final sale and may not be returned unless defective, as set forth in the Return Policy and the offer’s fine print. Once offered upon and payment is made final, MeanBuy may negotiate with Merchant’s on behalf of the User when a return is requested.
      • MeanBuy Goods takes legal title to returned items only after the items arrive and are processed at the designated returns destination. MeanBuy Goods reserves the right, but has no obligation, to issue a refund without requiring a return. In this situation, MeanBuy Goods does not take title to the returned Goods.
      • For purchases that qualify for a refund, MeanBuy Goods will issue a refund within 14 days after processing of a properly returned shipment. Applicable shipping charges and restocking fees will be deducted from your refund, products with defects caused by manufacturing or handling before delivery to you will not be charged any restocking or shipping fees.
      • We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any items you return: (i) are not eligible for return, in accordance with our Return Policy or the offer’s fine print, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the Product directions or instructions.
    • Pricing.
      • Items sold by MeanBuy Goods and shipped within the U.S. are subject to applicable sales taxes, which will be added at checkout.
      • Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be disclosed in the fine print and added at checkout.
      • Advertised “list prices” may be based on a survey of other online merchants, tied to a particular merchant’s current or former price or suggested by either the manufacturer or our supplier; they are not necessarily representative of current prices of other online merchants or the prevailing retail price in every area.
      • Occasionally there may be an error or omission related to the pricing or description of advertised Offerings. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already made a winning Offer on an Offering, we hold the right to cancel your order at any time.
      • Warranties and Other Information.
      • All Products are sold AS IS. See the Disclaimer of Warranty section. At the time of purchase, a protection plan for some Products may be available for purchase on the Site. Any such protection plan is sold and administered by a third-party provider.
      • We are not the manufacturer of the Products sold on the Site. To inquire about a manufacturer's warranty, please contact the manufacturer directly.
      • While we work to ensure that the product information on the Site is correct, we cannot guarantee that Product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions that accompany the items before use.
      • We have taken reasonable steps to display as accurately as possible the colors and other details of Products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual items.

    (d) Coupons

    Coupons are offered by Merchants to consumers for a certain percentage off of a purchase as specified on the face of the Coupon and subject to the terms and conditions as specified by the Merchant and are in no way offered by MeanBuy. By obtaining or purchasing a Coupon through the Site, you acquire the right to redeem the Coupon with the Merchant. Any service fee retained by MeanBuy from the sale of a Coupon is compensation to MeanBuy for marketing, promoting, advertising and distributing the Coupons on behalf of the Merchant. As the issuer of the Coupon, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. MeanBuy does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. MeanBuy is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon.

    (e) Merchant Gift Cards

    Merchant Gift Cards may be offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the Site, you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by MeanBuy from the sale of a Merchant Gift Card is compensation to MeanBuy for marketing, promoting, advertising and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. MeanBuy does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. MeanBuy is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.