Google Offers Terms of Service
Welcome to Google Paid Offers!
By using Google Paid Offers and any content accessed from Google Paid Offers, you agree to be bound by our Google Terms of Service (found at http://www.google.com/
1. Introduction
1.1 These Google Paid Offers Terms of Service apply to your use of the Google Paid Offers web site and associated services (the Service) provided by Google in order to browse, locate and purchase daily deals, discounts, coupons and/or vouchers (each a Merchant Offer) offered by participating merchants (each a Merchant) which may be exchanged for goods and services offered by that Merchant.
1.2 If you choose to purchase a Merchant Offer, your purchase transaction will also be subject to the Google Checkout Terms of Service (found at https://checkout.google.com/
1.3 These Terms shall take precedence over the Google Checkout Terms of Service in the event of a conflict between them.
1.4 By accepting these Terms, you represent that you are 18 years or older and capable of entering into a legally binding agreement.
2. Google's Provision of the Service
2.1 Google does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Merchant Offer or product or service purchased from a Merchant pursuant to a Merchant Offer (Product), the truth or accuracy of the description of any Merchant Offer or Product, any Merchant or other third party website referenced or described by or accessible through the Service, or any Merchant or other third party advice, opinion, offer, proposal, statement, data or other information (collectively, Content) displayed or distributed, purchased or paid for through the Service; or (b) the ability of a purchaser of a Merchant Offer (Buyer) to buy a Product or a Merchant to deliver a Product.
2.2 Google reserves the right (but shall have no obligation) to remove any or all Merchant Offers or other Content from Google Offers at any time.
3. Your Use of the Service
3.1 You acknowledge and agree that Merchant Offers are issued solely by the participating Merchants. Google is not offering or selling the Products that are described in or may be purchased through the Merchant Offers.
4. Privacy and Your Personal Information
4.1 Any personal information you provide in connection with the Service will be treated in accordance with Google's privacy policy (found at http://www.google.com/privacy.
5. Purchasing Merchant Offers
5.1 In order to purchase a Merchant Offer, you must establish and maintain an account (Google Account) and a Google Checkout Buyer account. Visit https://www.google.com/
5.2 Payment for Merchant Offers will be processed through Google Checkout. You agree that Google reserves the right to add or remove payment processing methods for Merchant Offers at its sole discretion and without notice to you.
5.3 You agree to comply with any and all applicable tax laws applying to you, including the reporting and payment of any taxes arising in connection with your purchase of Merchant Offers or your use of Merchant Offers to obtain Products, and that the reporting and payment of any such applicable taxes are your responsibility.
5.4 Google acts in a marketing and advertising capacity with respect to the promotion and advertising of Merchant Offers.
6. Merchant Offer Terms
6.1 The Merchant promoting a Merchant Offer through the Service is the sole provider of the Product described in that Merchant Offer. Merchant is solely responsible for setting the terms and conditions of all of its Merchant Offers and for honoring all purchased Merchant Offers that are sold pursuant to the terms of that Merchant Offer.
6.2 You acknowledge and agree that each Merchant Offer is subject to the standard Merchant Offer terms and conditions set forth below in Section 6.3 and Section 6.4, unless otherwise stated in the terms and conditions presented to you at the time you purchase that Merchant Offer.
6.3 Merchant Offers will satisfy the following terms: (a) once purchased, no fee or charge will be imposed by Merchant on Buyer for redemption of the Merchant Offer, other than sales tax required by law; (b) subject to restrictions under applicable law, Merchant may determine whether to permit Merchant Offers to be redeemed for products that are subject to purchase or other legal restrictions, such as alcohol and tobacco products; (c) Google Inc. and its subsidiaries and affiliates disclaim and make no express or implied warranties regarding Merchant Offers or any goods or services purchased pursuant to a Merchant Offer; (d) Merchant Offers are subject to additional terms and conditions, as stated on the specific Merchant Offer, if any; and (e) Purchase or use of a Merchant Offer constitutes acceptance of the Terms, including those in this Section 6.3 and Section 6.4 below, and the terms and conditions stated on the specific Merchant Offer.
6.4 Merchant Offers are provided on the condition that the Buyer will satisfy the following requirements: (a) each purchased Merchant Offer may be redeemed only once unless otherwise stated in the terms and conditions accompanying the Merchant Offer; (b) the Merchant Offer may only be transferred by the Buyer in accordance with applicable law; (c) Merchant Offers cannot be re-sold or aggregated for resale; (d) unless expressly permitted by the terms and conditions accompanying the Merchant Offer, Merchant Offers cannot be applied toward the payment of shipping fees, tips or gratuities, taxes, or outstanding balances owed by Buyer to Merchant; and (e) unless expressly permitted by the terms and conditions accompanying the Merchant Offer, Merchant Offers cannot be combined with other coupons, special offers or special discounts offered by Merchant or a third party.
7. Release
7.1 You agree to release Google and its agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with your dispute with any Merchant, other Buyer, advertiser or other third party in connection with the Service. You agree that you will not involve Google in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Merchant, other Buyer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys fees of Google and shall provide indemnification as set forth in the Terms, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in the Terms. However, nothing in these Terms shall constitute a waiver of any rights, claims or defenses that you may have with respect to a payment transaction under your card issuer agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or Electronic Fund Transfer Act.
If you are a California resident, you hereby expressly waive California Civil Code §1542, 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 not known by him must have materially affected his settlement with the debtor."
8. Redemption Date For Merchant Offers
8.1 The date by which all Merchant Offers must be redeemed with Merchants is October 30, 2013 (the Redemption Date). The benefits of the Merchant Offer are only available from the Merchant until the Redemption Date. You must redeem the promotional value of the Merchant Offer before the end of the Redemption Date. Merchant is not obligated to honor the promotional value of the Merchant Offer after the Redemption Date.
8.2 After the Redemption Date, if you have not already received a refund, whether via the original form of payment or some other method of refund elected by you, you may be entitled to receive a refund for an unredeemed Merchant Offer of only the amount you paid through Google Offers for the Merchant Offer in accordance with the Refund Policy stated in these Terms below.
9. Refund Policy; Expiration of Value Paid for Merchant Offer
9.1 If you request a refund for the amount you paid for an unredeemed Merchant Offer purchased through the Service within five (5) years of your purchase of the Merchant Offer, Google will initiate a refund to you of that amount you paid for your unredeemed Merchant Offer.
9.2 If you request a refund for the amount you paid for an unredeemed Merchant Offer purchased through the Service more than five (5) years after your purchase of the Merchant Offer, Google will initiate a refund to you of that amount you paid for your unredeemed Merchant Offer as required by applicable law or at Google's discretion.
9.3 Sections 9.1 - 9.2 notwithstanding, Google will not issue refunds for unredeemed Merchant Offers that apply only for a specific date (One-time Events) after the date of that One-time Event, unless required by applicable law.
9.4 This Refund Policy is in addition to any rights that you may have under applicable law to request a refund from the Merchant of the value paid for a Merchant Offer that was not redeemed by the Redemption Date. The value paid for a Merchant Offer (as distinguished from the value of the Product that could have been obtained by the Redemption Date) does not expire, unless (a) the expiration date is disclosed to you at the time of your purchase of the Merchant Offer, and (b) the expiration of the value paid associated with the Merchant Offer is permitted under applicable law.
9.5 Purchases of Merchant Offers are refundable by Google solely as set forth in this Refund Policy.
10. Intellectual Property Rights
10.1 You agree that Google and/or third parties own all right, title and interest in and to the Service, including without limitation all applicable Intellectual Property Rights. You agree that Merchants and/or third parties own all right, title and interest in and to the Merchant Offers. Intellectual Property Rights means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or Content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Service, (iii) use the Service to access, copy, transfer, transcode or retransmit Content in violation of any law or third party rights, or (iv) remove, obscure, or alter Google's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service.
11. Termination
11.1 These Terms will continue to apply until terminated by either you or Google as set out below.
11.2 If you want to terminate these Terms, you may do so by ceasing your use of the Service and any purchased Merchant Offers.
11.3 Google may, in its sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Terms or other policies Google may establish from time to time.
11.4 Upon termination of your use of the Service, you remain liable for all payment transactions and any other obligations you have incurred. Upon termination, Google has the right to prohibit your access to the Service and to refuse future access to the Service by you. Sections 7, 10, 11.4, and 12 will survive any termination of these Terms.
12. Indemnification
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its subsidiaries and affiliates and their respective directors, officers, employees and agents (the Google Parties) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from your access or use of, or attempt to access or use, the Service, including any purchase or use of any Merchant Offer, or your violation of these Terms.
2013-09-23