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KENTUCKIANA DEALS TERMS OF SERVICE

Last Updated Date: 11/21/2019

Connoisseur Media d/b/a Kentuckiana Deals (“Kentuckiana Deals”, “our” or “we”) provides an online service, which enables its users to purchase vouchers for a variety of products and services from a variety of Merchants (defined below)(collectively, the “Services”) through our website, accessible at http://www.KentuckianaDeals.com/ (the “Site”).  Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which is available at https://kentuckianadeals.com/privacy-policy. These Terms govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Services (“Content”) and constitute a binding legal agreement between you and KentuckianaDeals. As used herein, a “Merchant” is a third-party seller or provider of goods and services; and a “Restaurant Merchant” is a Merchant which offers food and beverages for sale as part its regular business operations.

Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.  If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU.  PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIAL OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.  YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT USE THIS WEBSITE, ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH KentuckianaDeals, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

Modification and Termination

KentuckianaDeals reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services, or to terminate any sale of Vouchers through the Site or Services, or to modify these Terms, at any time and without prior notice.  If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms and the home page of the Site. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.  If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

Account Registration

In order to access certain features of the Site and Services, you must register to create an account (“Account”) and become a “Member.”  During the registration process, you will be required to provide certain information and you will establish a username and a password.  You authorize us, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to your purchases via the Site and Services, which may include providing your information to such third-parties. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  KentuckianaDeals reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third-party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify KentuckianaDeals of any unauthorized use of your Account.

Only one account may be held by one single individual. Multiple accounts will be given one warning and can be terminated. KentuckianaDeals will attempt to contact suspected violators by email. If there is not a response KentuckianaDeals will suspend suspected accounts.

Privacy

See KentuckianaDeals’s Privacy Policy at https://www.KentuckianaDeals.com/privacy-policy for information and notices concerning KentuckianaDeals’s collection and use of your personal information.

Purchasing Vouchers

Through the Site and Services, Members can make offers to purchase vouchers offered by Merchants that can be used in exchange for goods and services provided by Merchants (“Vouchers”) at a promotional rate. By placing an order for a Voucher, Members make an offer to purchase the Voucher which they have selected on the terms, restrictions and conditions associated with the Voucher.  If a certain minimum number of Members offer to purchase a Voucher from a specific Merchant within a specific timeframe, we will process your payment and send you an email confirming your purchase of a Voucher.  If not enough Members offer to purchase a Voucher within the appropriate timeframe, such Voucher will not be available for purchase through the Site and Services, and you will not be charged for such Voucher.

Any Voucher purchased through the Site and Services is only redeemable for goods or services by the applicable Merchant.  The Merchant, not KentuckianaDeals, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher purchased through the Site and Services. If you, as a Member, choose to enter into a transaction with a Merchant through the Site and Services and offer to purchase a Voucher from the Merchant via your KentuckianaDeals Account, you are agreeing to any terms, conditions and restrictions associated with such Voucher. In connection with your purchase, you will be asked to provide customary billing information such as name, billing address and credit card information either to KentuckianaDeals or its third-party payment processor.   You agree to pay KentuckianaDeals for all purchases of Vouchers in connection with your KentuckianaDeals Account and you hereby authorize the collection of such amounts on behalf of the Merchant by charging the credit card provided as part of your order, either directly by KentuckianaDeals or indirectly, via a third-party online payment processor. If you are directed to KentuckianaDeals’s third-party payment processor, you may be subject to terms and conditions governing use of that third-party’s service and that third-party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. All fees are payable in United States dollars. Once your transaction is complete you will receive a confirmation email including your Voucher which you can print for use. You will also be able to print the Voucher by accessing your KentuckianaDeals Account. Except as set forth in our “Refund Policy” set forth below, all amounts paid for Vouchers are non-refundable.  Credits will not be given for any unused Vouchers.

Terms Applicable to all Vouchers

All Vouchers are subject to the terms and conditions of the participating Merchant. The holder and issuer of the Voucher is the Merchant and KentuckianaDeals is not responsible for, nor will KentuckianaDeals have any liability with respect to: (i) any goods or services offered or provided by a Merchant in connection with a Voucher or otherwise, including, but not limited to, any unclaimed property liability arising from unredeemed Vouchers; or (ii) any third-party claims in connection with, or arising out of any such goods or services, or a Member’s use or possession thereof.  Compliance with state statutes, codes or laws applicable to the Vouchers is the responsibility of the Merchants. KentuckianaDeals’s sole role in transactions relating to the Vouchers is as a marketing agent for the Merchant Voucher. The applicability and compliance with any relevant statutes, codes or laws is solely determined and consummated by the Merchant, and KentuckianaDeals has no responsibility in this regard. By way of example, the Merchant, not KentuckianaDeals, is responsible for compliance with all applicable laws with respect to the expiration and redemption of Vouchers; (iii) KentuckianaDeals is not responsible for closure of any businesses, or refund of purchase price due to a business closure.

All Vouchers are made up of two separate parts, the “Paid Value” and the “Promotional Value”.  The “Paid Value” of a Voucher is the amount that you actually pay to purchase a Voucher, and the “Promotional Value” of a Voucher is the portion of the Voucher’s value for which you did not pay. For example, if you paid $10 for a Voucher which gives you $30 of value at the Merchant’s business, the Paid Value of the Voucher is $10 and the Promotional Value of the Voucher is $20. The combination of the Paid Value and Promotional Value of the Voucher is referred to herein as the Voucher’s “Full Voucher Value”.  While the expiration date printed on the Voucher generally dictates the last date on which you can use the Voucher at the Merchant’s business for the Full Voucher Value stated on the Voucher, applicable law may provide that the Merchant is responsible for honoring the Paid Value of the Voucher for a period of time beyond the expiration date that is printed on the Voucher.  If the expiration date of the Paid Value of the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher will expire as follows: The Promotional Value of the Voucher will expire on the date printed on the Voucher, and the Paid Value of the Voucher will expire in accordance with the minimum length of time permitted by applicable law in which a Voucher can be redeemed.  The Merchant is obligated to honor the Voucher in compliance with applicable law. Accordingly, please contact the applicable Merchant if you would like to redeem the Paid Value of a Voucher after its stated expiration date.

You, as a Member, are solely responsible for your use and redemption of Vouchers, including making any reservations with the Merchant, if applicable. Further, you will be responsible for, and will promptly pay, all applicable taxes and duties of any kind (including but not limited to sales, use and/or transaction taxes) associated with your purchase of goods and services using a Voucher.

Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers purchased through the Site and Services:

• Any attempted redemption of a Voucher inconsistent with applicable terms and conditions provided on or in connection with a Voucher will render such Voucher void;
• Unless otherwise specified by a Merchant, there is a limit of one (1) Voucher per redemption;
• Vouchers cannot be redeemed by the applicable Merchant before the effective date listed on the Voucher;
• Neither KentuckianaDeals nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers;
• Vouchers must be used in one (1) visit to the Merchant and Vouchers cannot be combined with any other coupons or promotions;
• Vouchers may be applied only to merchandise or services sold by the Merchant, and may not be applied to shipping or handling charges, if applicable;
• Duplicate use, sale or trade of a Voucher is prohibited;
• Unless otherwise stated at the time a Voucher is purchased, the listed price for a Voucher does not include tax, gratuity or prior balances you may have with a Merchant;
• At the sole discretion of the Restaurant Merchant, Vouchers may be used for alcoholic beverages and the Restaurant Merchant agrees to comply with all state alcohol laws; and
• Other terms and conditions or restrictions may be provided on each Voucher. We recommend that you check with the Merchant for any additional terms and conditions that may apply to your use of a Voucher.

Void to the extent prohibited by law

Unless prohibited by law, you agree that any violation of any Merchant’s terms and conditions may result in: (i) forfeiture of any amounts paid for such Voucher; and (ii) denial of access to or use of the applicable product, service or Merchant property or removal therefrom.

Refund Policy

If after your experience with a Merchant you are unsatisfied for any reason, or if the Merchant refuses to redeem a Voucher which  you as a Member purchased and applicable law entitles you to such a redemption, you may be eligible to receive a refund of the amount paid to KentuckianaDeals for the Voucher, as determined by KentuckianaDeals in its sole discretion, provided you (i) contact KentuckianaDeals at  [email protected] within seven (7) days of the date you redeemed or attempted to redeem your Voucher (“Request Period”); and (ii) provide us with an description of the issue and/or comments regarding your experience. At the end of the Request Period, requests will no longer be eligible for refund.

Ownership

The Site, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  Except as expressly provided in these Terms, KentuckianaDeals and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.

Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, KentuckianaDeals grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, KentuckianaDeals grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content (other than Member Content submitted by you) solely for your personal and non-commercial purposes.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Content or Member Content, except as expressly permitted in these Terms.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by KentuckianaDeals or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

Members may post, upload, publish, submit or transmit text, graphics, images, audio, video, information or other materials to be made available through the Site and Services (“Member Content”).  By making available any Member Content through the Site and Services, you hereby grant to KentuckianaDeals a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site and the Services.  KentuckianaDeals does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services.  Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to KentuckianaDeals the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or KentuckianaDeals’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”).  You may submit Feedback by emailing us at [email protected] or through the “Contact Us” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of KentuckianaDeals and you hereby irrevocably assign to KentuckianaDeals and agree to irrevocably assign to KentuckianaDeals all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.  At KentuckianaDeals’s request and expense, you will execute documents and take such further acts as KentuckianaDeals may reasonably request to assist KentuckianaDeals to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Site, or any individual element within the Site, KentuckianaDeals’s name, any KentuckianaDeals trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without KentuckianaDeals’s express written consent;
• Access, tamper with, or use non-public areas of the Site, KentuckianaDeals’s computer systems, or the technical delivery systems of KentuckianaDeals’s providers;
• Attempt to probe, scan, or test the vulnerability of any KentuckianaDeals system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by KentuckianaDeals or any of KentuckianaDeals’s providers or any other third party (including another user) to protect the Site, Services or Content;
• Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by KentuckianaDeals or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a KentuckianaDeals trademark, logo URL or product name without KentuckianaDeals’s express written consent;
• Use the Site, Services or Content for any commercial purpose or the benefit of any third-party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

KentuckianaDeals will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  KentuckianaDeals may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that KentuckianaDeals has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  KentuckianaDeals reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Member Content, that KentuckianaDeals, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

Copyright Policy

KentuckianaDeals respects copyright law and expects its users to do the same.  KentuckianaDeals has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.  

Links

The Site may contain links to third-party websites or resources, including those of the Merchants.  You acknowledge and agree that KentuckianaDeals is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by KentuckianaDeals of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, KentuckianaDeals will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. KentuckianaDeals reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause.  In the event KentuckianaDeals terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to [email protected]. Any suspension, termination or cancellation will not affect your obligations to KentuckianaDeals under these Terms (including, without limitation, terms and conditions applicable to Vouchers, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Disclaimers

THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, KENTUCKIANA DEALS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KENTUCKIANA DEALS ALSO DISCLAIMS ANY LIABILITY RELATING TO YOUR USE OF ANY GOODS OR SERVICES PROVIDED BY A MERCHANT RELATING TO A VOUCHER. KENTUCKIANA DEALS MAKES NO WARRANTY THAT THE SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KENTUCKIANA DEALS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES RECEIVED IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES, YOUR USE OF ANY VOUCHERS, INFORMATION OR CONTENT PROVIDED BY OR OBTAINED THROUGH THE SITE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICES. KENTUCKIANA DEALS DOES NOT GUARANTEE THAT YOU WILL BE ABLE ACCESS OR USE THE SITE OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KENTUCKIANA DEALS OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.  YOU UNDERSTAND THAT KENTUCKIANA DEALS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES OR THE MERCHANTS, NOR DOES KENTUCKIANA DEALS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR THE MERCHANTS, INCLUDING, BUT NOT LIMITED TO, STATEMENTS MADE ON OR RELATING TO THE VOUCHERS.  KENTUCKIANA DEALS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity and Release

You agree to release, defend, indemnify, and hold KentuckianaDeals and its  officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services or Content or your violation of these Terms; and (b) your interaction with any Merchant, redemption of a Voucher or acceptance or use of a Voucher or parts thereof, including without limitation (i) any condition caused by events beyond KentuckianaDeals’s control that may cause the Voucher to be void or unusable, including any action or omission of a Merchant; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Voucher, or  your acceptance, possession, or use of a Voucher, or from participation in the service or activity for which the Voucher is redeemable.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, CONTENT, AND VOUCHERS REMAINS WITH YOU.  UNDER NO CIRCUMSTANCES WILL KENTUCKIANA DEALS OR ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES,  CONTENT, OR VOUCHERS MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, CONTENT, OR VOUCHERS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KENTUCKIANA DEALS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL KENTUCKIANA DEALS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, CONTENT, OR VOUCHERS (A) EXCEED THE AMOUNTS YOU HAVE PAID TO KENTUCKIANA DEALS DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO ANY LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO KENTUCKIANA DEALS, OR (B) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO KENTUCKIANA DEALS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KENTUCKIANA DEALS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of KentuckianaDeals used herein are trademarks or registered trademarks of KentuckianaDeals. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Dispute Resolution and Binding Arbitration

YOU AND KENTUCKIANA DEALS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section.  The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid.  The arbitrator will be empowered to grant whatever relief would be available in court under law or equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between KentuckianaDeals and you regarding the Site, Services, Content, and Vouchers, and these Terms supersede and replace any and all prior oral or written understandings or agreements between KentuckianaDeals and you regarding the Site, Services, Content, and Vouchers.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without KentuckianaDeals’s prior written consent.  Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. KentuckianaDeals may assign or transfer these Terms, at its sole discretion, without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by KentuckianaDeals via email (in each case to the address that you provide) or by posting to the Site and by you via email at [email protected].  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of KentuckianaDeals to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of KentuckianaDeals. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting KentuckianaDeals

If you have any questions about these Terms, please contact KentuckianaDeals at [email protected].