Terms Of Use

Terms

YIPPEEO, LLC.

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you”, “yours”, or the “Buyer”, or the “Vendor”) agree to the terms and conditions that we (“we”, or “us” or “YippeeO LLC”, or “YipDeals.com”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement” or “Offer Requirements Agreement” or ORA”), please do not use this Site.

I.TERMS OF USE

1. General           

This Site provides a venue for local businesses to promote discounted goods and services to local buyers. The YipDeals.com venue (“Service”) is operated by YippeeO LLC on the World Wide Web or the Internet (the “Web”) and provides transaction capabilities which are facilitated through YippeeO LLC, YipDeals.com, or affiliates of YippeeO LLC. This service is intended to bring together buyers of local products and services (“Buyers”) and sellers of local products and services (“Vendors”). Vendors provide us with certain promotional deals or offers (each an “Offer” or “Deal”), usually conveying a discount. If enough Buyers purchase an offer within a specific time period the Deal Goes Live and every Buyer can then purchase at the Current Price. We make these Offers available through the Site. When enough Buyers agree to purchase the product or service promoted in the Offer, the Vendor is bound to fulfill it. YippeeO LLC oversees collection of payment on behalf of the Vendor from the Buyer. Upon confirmation of payment, YippeeO LLC, on behalf of the Vendor, issues the Buyer a voucher (“Voucher”) redeemable for the applicable product or service.

These Terms incorporate the Privacy Policy and details in the FAQ’s which taken together describe the rules that must be followed by any person or business who establishes a connection for access to and use of the Site. You may not use or access the Site or the Service if you do not agree to these Terms. Further, this Agreement sets forth the terms and conditions that apply to the use of this Site by you. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use this Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any. You acknowledge that, although the Internet is often a secure environment, there are interruptions in service or events that are beyond the control of YippeeO LLC, and YippeeO LLC shall not be responsible for any data lost while transmitting information on the Internet. While it is YippeeO LLC’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of YippeeO LLC, access to the Site may be interrupted, suspended or terminated from time to time.

 

YippeeO LLC 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, YippeeO LLC 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. Any use by you subsequent to these changes will constitute your acceptance of such changes. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current Terms. As a sole exception to this, for any Vendor where we have countersigned an Offer schedule, the Terms will not be deemed changed as to that Offer.

2. Intellectual Property

2.1. All content and software on the Site is the property of YippeeO LLC, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you receive specific permission to do so in a separate written agreement from YippeeO LLC or the owners of the content. Unauthorized use of any content displayed by YippeeO LLC is a violation of United States and international copyright laws.

2.2. User acknowledges and agrees that YippeeO LLC is the sole owner of the Brand marks “YipDeals.com”, “YipDeals”, “YippeeO.com”, and  “YippeeO”, and that its ownership extends to all rights affiliated with ownership, including but not limited to any and all copyright and trademark rights, all rights of possession and all rights of use of the Brand.

3. Terms Applicable Only to Vendors

 

3.1. Each Vendor is required to submit a signed Agreement for each Offer the Vendor wishes YippeeO LLC to publish on their behalf on the Site, (an “Offer Requirements Agreement”, or “ORA”). Specific Terms and conditions contained in an ORA, and signed by both parties, shall override and take precedence over any general provisions included herein. In the absence of any conflicting specification, these Terms remain in full force and effect and will govern the relationship between YippeeO LLC and the Vendor.

3.2. Vendor hereby appoints YippeeO LLC as its limited agent, for the purpose of (i) promoting all Offer’s where a cosigned ORA is in place, (ii) issuing Vouchers consistent with the terms of the ORA to Buyers after collecting  payment from Buyers on behalf of the Vendor, and only after the Minimum Purchases Limit has been reached, in accordance with the ORA

3.3. Vendor expressly agrees to grant YippeeO LLC a limited use license to use the Vendor’s name and brand information in connection with marketing the Offer on the Site. Vendor will provide promotional support adequate to support these

3.4. Vendor represents and warrants that: (i) it will honor the terms of all purchased Offers in a professional manner, (ii) it will not impose any term on any Offer which is in violation of applicable law, (iii) it will have and grant sufficient intellectual property rights in any content which it provides to YippeeO LLC (including, without limitation any logo or photograph) to allow YippeeO LLC to copy, publish, disclose and display such content on the Site and as otherwise necessary to promote and fulfill the Offer, and (iv) it shall collect and use personal information from Buyers only in accordance with applicable law and the terms and conditions of the Privacy Policy.

 

3.5. YippeeO LLC and Vendor will pay one another any applicable fees as set forth in the ORA. Each party shall otherwise bear any and all of its own costs in performing or receiving the Services and fulfilling any Offer

3.6. With the sole exception of taxes on YippeeO LLC’s net income, Vendor is responsible for collecting from Buyer and paying any and all taxes and fees, including, without limitation, sales, use, gross income and value added taxes, associated with the Services or the fulfillment of any Offer.

3.7. The Vendor acknowledges that the availability of Services shall be on a first-come, first-serve basis. YippeeO LLC shall not, under any circumstance, be liable to the Vendor for lack of availability of the Site. Vendor further acknowledges that YippeeO LLC is under no obligation to display or keep open any Offer.

Section 4. Terms Applicable Only to Buyers

 

4.1. All offers have limitations. Buyers need to read the applicable terms of the relevant Offer. All Offers are purchased at discount prices and are subject to time limits and/or other restrictions which may require the Buyer to complete the transaction within a certain timeframe or in a certain manner in order to receive the benefit of the Offer. All purchases are available for redemption on the day following purchase, unless expressly stated otherwise. The Vendor and YippeeO LLC will make a reasonable effort to convey limitations to you when the Offer is posted. You will not be able to redeem any Voucher in violation of the restrictions governing the Offer, and funds paid for such a Voucher will be non-refundable.

4.2. YippeeO LLC does not knowingly collect any information from persons under the age of 13. If we determine that any content has been uploaded to the Site by someone under the age of 13, it will be removed. If you are between the ages of 13 and 18, please ask your parent’s permission before using the Site and the Service. Some Offers may be subject to further age limitations.

4.3. Unless expressly stated otherwise in the Offer, (i) there is a limit of one Voucher per person per Offer and (ii) Vouchers are not redeemable in partial amounts. To the extent allowed by law, Vouchers may be gifted or sold. However, Users purchasing multiple Vouchers for the purpose of reselling may have their accounts frozen and may be banned from participating in future Offers. Each Voucher authentication number is only usable once. You are responsible for keeping your Voucher number secure. Neither the Vendor nor YippeeO LLC will be liable if your Voucher is lost or stolen.

4.4. State or federal laws may limit the ability of a Vendor to set expiration dates or charge fees against a Voucher. To the extent that you are purchasing a Voucher in a jurisdiction which so limits the rights of the Vendor, the Voucher will be limited to the maximum extent permitted by applicable law, but no more. The value of each Voucher is the amount the Buyer actually paid for it. It is NOT the face value of the services specified by the Voucher. Amounts paid are non-refundable except to the extent may be required by applicable law.

4.5. YippeeO LLC is an intermediary and agent of the Vendor. If the Buyer has problems with the Voucher or the products or services, we will use reasonable efforts to assist the Buyer in dealing with the Vendor. However, we cannot and will not guarantee any issuance of refunds or credits. Buyers will have to obtain those from the Vendor, if applicable.

4.6. YippeeO LLC will determine Buyer’s compliance with these Terms in its sole discretion. YippeeO LLC reserves the right to restrict, suspend, deny or terminate access to all or part of the Site or Service by any Buyer and to deny access to any Buyer in its sole discretion without notice or liability of any kind.

5. Conduct and Site Usage

This Site and any YippeeO.com sites or Vendor-specific, city-specific, or state-specific sites are private property. All interactions on this Site and/or the YippeeO.com sites must comply with these Terms of Use. We require that you use this Ste or any YippeeO.com sites in accordance with any and all applicable laws.  Any conduct by you that in YippeeO LLC’s sole and exclusive discretion restricts or inhibits any other User from using or enjoying this Site and/or any of the YippeeO.com sites is strictly prohibited. You shall not use this Site or any of the YippeeO.com sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the YippeeO.com sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with YippeeO LLC. You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without YippeeO LLC’s express prior, written approval, contains advertising or any solicitation with respect to products or services.

 YippeeO LLC, its subsidiaries, affiliates, Vendors and its third-party content providers and licensors, shall each have the right to assert and enforce such provisions directly or on its own behalf, as these to those entities as well.

6. Copyright and Trademarks

Everything located on or in this Site, and on YippeeO.com, is the exclusive property of YippeeO LLC, it affiliates or owners, or used with the 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 YIPPEEO.COM SITESWITHOUT THE EXPRESS WRITTEN PERMISSION OF YIPPEEO LLC, IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. YippeeO LLC 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 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 submitting material to any public area of this Site or any YippeeO.com site, you warrant that the owner of such material has expressly granted YippeeO LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for their personal use. You hereby grant YippeeO LLC the right to edit, copy, publish and distribute any material made available on this Site or any YippeeO.com site by you.

The foregoing provisions of Section 4 apply equally to and are for the benefit of YippeeO LLC, its subsidiaries, affiliates, Vendors 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.

7. Copyright Policy

YippeeO LLC reserves the right to terminate its agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to YippeeO LLC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any YippeeO.com site in a way that constitutes copyright infringement, you shall provide YippeeO LLC 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 YippeeO.com site 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 YippeeO LLC’s Copyright Agent for notice of claims of copyright infringement is as follows:

YippeeO  LLC, Inc.
PO Box 456 , Purcellville, VA 20134

8. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND THE YIPPEEO.COM SITES IS AT YOUR SOLE RISK. NEITHER YIPPEEO LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, VENDORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY YIPPEEO.COM SITE 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, OR ANY YIPPEEO.COM, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE YIPPEEO.COM SITES.

THIS SITE AND THE YIPPEEO.COM SITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YIPPEEO LLC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, VENDORABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

8.1. WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, YIPPEEO LLC OR YIPDEALS.COM FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE AS SET FORTH BELOW:

8.1.1. UNDER NO CIRCUMSTANCES SHALL YIPPEEO LLC OR YIPDEALS.COM, ITS SUBSIDIARIES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “YIPPEEO LLC OR YIPDEALS.COM ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SITE OR THE SERVICE OR ANY OFFER; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (3) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, YIPPEEO LLC OR YIPDEALS.COM’S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO YIPPEEO LLC OR YIPDEALS.COM IN CONJUNCTION WITH THE OFFER UNDER WHICH SUCH CLAIM FIRST AROSE. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES YIPPEEO LLC OR YIPDEALS.COM’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY TO THE EXTENT IT CANNOT BE LIMITED OR EXCLUDED BY LAW.

8.1.2. YIPPEEO LLC OR YIPDEALS.COM ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

8.1.3. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND THE SERVICES.

8.1.4. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF YIPPEEO LLC OR YIPDEALS.COM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR THE SERVICE.

 

10. Monitoring

YippeeO LLC shall have the right, but not the obligation, to monitor the content of the Site and any YippeeO.com sites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by YippeeO LLC, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, YippeeO LLC shall have the right, but not the obligation, to remove any material that YippeeO LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

11. Privacy

You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. YippeeO LLC does not control or endorse the content, messages or information found in any Community, and, therefore, YippeeO LLC specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you post to YippeeO LLC (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by YippeeO LLC as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any YippeeO.com Site, you grant YippeeO LLC the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see YippeeO LLC’s Privacy Policy.

12. License Grant

By posting communications on or through this Site or any YippeeO.com Site, you shall be deemed to have granted to YippeeO LLC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

13. Indemnification - Release

You agree to defend, indemnify and hold harmless YippeeO LLC, its 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 any products or services purchased by you in connection with the Site or any YippeeO.com Sites.

You are solely responsible for interactions with Vendors and other users of the Site or YippeeO.com Sites. To the extent permitted under applicable laws, You hereby release YippeeO LLC from any and all claims or liability related to any product or service of a Vendor, any action or in-action by Vendor, including Vendor’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 user.

In connection with the foregoing release, you hereby waive 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.”

14. Termination

YippeeO LLC may terminate this Agreement at any time. Without limiting the foregoing, YippeeO LLC shall have the right to immediately terminate any passwords or accounts of yours in the event of any conduct by you which YippeeO LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of all Sections will survive termination of this Agreement.

15. Trademarks

YippeeO, YippeeO.com and YipDeals.com are trademarks of YippeeO LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on YippeeO LLC are the property of their respective owners.

16. Third-Party Content

YippeeO LLC, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and you. Accordingly, YippeeO LLC 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 entity other than you are those of the respective author(s) or distributor(s) and not of YippeeO LLC.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, you, or other user not under contract with YippeeO LLC. YippeeO LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on YippeeO LLC by anyone other than authorized YippeeO LLC employee spokespersons while acting in official capacities. Under no circumstances will YippeeO LLC be liable for any loss or damage caused by an users reliance on information obtained through YippeeO LLC. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through YippeeO LLC.

YippeeO LLC 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 YippeeO LLC of the contents on such third-party sites, and YippeeO LLC hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Unless you have executed a written agreement with YippeeO LLC expressly permitting you to do so, you may not provide a hyperlink to the Site or any YippeeO.com site from any other website. YippeeO LLC reserves the right to revoke its consent to any link at any time in its sole discretion.

17. Miscellaneous.

This Agreement, including the Terms of Sale (which are incorporated into this Agreement), and any operating rules for YippeeO LLC established by YippeeO LLC, 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.

18. Arbitration

By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against YippeeO LLC arising out of, relating to, or connected in any way with this Agreement, this Site, or any YippeeO.com Site, 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 you), or at such other location as may be mutually agreed upon by you and YippeeO LLC; (3) the arbitrator shall apply Virginia 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 yours and/or YippeeO LLC’s 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 you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, YippeeO LLC may pay as much of your 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 you nor YippeeO LLC shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, you may visit the AAA website at http://www.adr.org.

II.TERMS OF SALE

All vouchers printed from the Site, or any other website associated with YippeeO LLC (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating Vendors (“Vendors”) through YipDeals or YippeeO LLC,  to be used in exchange for products and services at a discount from their customary listed price. By placing an order for a Voucher from a Vendor through YippeeO LLC, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.

The Voucher you purchase through YippeeO LLC is redeemable for products or services by the Vendor. The Vendor, not YippeeO LLC, is the seller of the Voucher and the products and services and is solely responsible for redeeming any Voucher you purchase. YippeeO LLC sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Vendor.

1. Terms and Conditions for Vouchers

·         Vouchers may be applied only to merchandise or services sold by Vendor, and may not be applied to shipping, handling charges, tips or taxes.

·         Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Vendor.

·         The issuing of credit is at the sole discretion of the Vendor unless otherwise required by law.

·         Neither YippeeO LLC nor the Vendor 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 Vendor.

·         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 Vendor 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 Vendor (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 [43] 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 Vendor. YippeeO LLC’s sole role in the transaction is as a marketing agent for the Vendor Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Vendor, and YippeeO LLC has no role in such determination or action on the part of the Vendor.

 

 

Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.

According to applicable law, the Vendor 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 Vendor, 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 Vendor for the promotional offer stated on the YippeeO LLC, applicable law may provide that the Vendor 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 Vendor. Once again, the Vendor should allow such redemption if applicable law requires it, and we have instructed the Vendor to do so. If you have gone to the Vendor and the Vendor has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact YippeeO LLC [and explain your situation in writing] and YippeeO LLC will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from YippeeO LLC .