Dealster, which is sometimes referred to as “we,” “us,” or “our,” is an online service where persons can purchase goods and services, blog, interact with others, and earn rewards; and where affiliates of Dealster, merchants or other third parties (“Merchants”) offer goods and services (“Deals”) which are purchased online and redeemed through physical or electronic vouchers (“Vouchers”). The activities and services provided online (the “Services”) are found on our website (www.dealster.com) and other areas owned or operated by us such as our mobile phone application (the “Site”).

By using the Site or any Services, you are agreeing to these terms of use (the “Agreement”) and all these terms will govern your use of the Site and our Services. The term “you” refers to the person accessing or using the Site or Services, or the company or organization on whose behalf that person accesses the Site or Services.

If you do not agree to the Agreement, you must cease use of the Site and Services.

You must be at least 18 years of age to use the Site and purchase Deals. If you are at least 13 years old but not yet 18, you may use the Site, but only with the approval and supervision of your parent or guardian who also agrees to this Agreement. No one under age 13 may use the Site.

You will provide accurate information when creating an account, using Services, and/or purchasing Deals.

You are solely responsible for any activity that occurs on your account while signed in to the account. Access to the Site, using Services and/or the purchase of Deals is not authorized for any other person or entity using your account.

Dealster shall have the right at any time to modify or discontinue any aspect or feature of the Site and or Agreement for whatever reason. Such changes may include, among other things, the adding of fees, charges, restrictions, eliminating or restricting a Deal’s badge and reward point eligibility, and eliminating or restricting the amount of reward points that can be used toward a specific deal.

From time to time, access to the Site or the ability to purchase Deals may be interrupted, suspended or terminated. In such circumstances, we shall not be held liable for any inconvenience or loss you suffer as a result of such service interruption, suspension or termination.

You are responsible for obtaining and maintaining all the hardware (e.g., telephone, computer, etc.) needed to access and use the Site. You are also responsible for any costs and fees associated with the hardware, connecting to the Site, using Services and/or purchasing Deals.

Dealster has the right to terminate your account for whatever reason with or without prior notice.

You will use this Site for lawful purposes only. You will not post or transmit through this Site any material which Dealster deems, in its sole discretion, to be unlawful, threatening, abusive, defamatory, violates the rights of others, vulgar, obscene, profane, or otherwise objectionable.

While we endeavor to maintain and enforce these policies, you may be exposed to language or content which violates our standards or which you find to be objectionable. In such cases we may, but are not obligated to, remove the offending content or terminate the account of the offending party. In no case do we take or bear any responsibility for your exposure to such content.

You will not attempt to reverse engineer or jeopardize the proper functioning of the Site or Services, or otherwise attempt to derive the source code of the software that enables or underlies the Site.

Dealster has no control over websites to which we link, and will not be held responsible for their content. Similarly, we cannot and will not censor or edit the content of any third party. By using Dealster’s Site and Services you expressly relieve us from any and all liability arising from your use of any third party site.

This Site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound.

Except as otherwise expressly stated under copyright law, you are not permitted without the express written permission of the copyright owner to: (i) copy, redistribute, retransmit, publish or commercially exploit downloaded material; or (ii) upload, post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right.

If you are a copyright owner or an owner's agent and find content that infringes upon your copyrights, you may submit a notification to info@dealster.com according to the Digital Millennium Copyright Act (“DMCA”). When notifying us, please provide the following information (see 17 U.S.C 512(c)(3) for further details) in writing: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) your name and contact information including address, telephone number, and, if available, an electronic mail address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of the notification, your DMCA notice may not be valid.

Dealster acts as an agent in marketing and selling Deals on behalf of a Merchant. The Merchant is the issuer of the Voucher.

The Merchant establishes the terms by which each Deal is offered. The terms are noted in the description of the Deal and on the Voucher. Unless superseded by applicable law, the terms of the Deal must be followed to redeem the Voucher.

The Merchant shall be fully responsible for any and all illnesses, damages, claims, liabilities and costs suffered by you or in respect of a customer, whether caused in whole or in part by the Merchant or its products and services.

By purchasing a Deal, you acquire the right to use the Voucher in accordance with the terms of the Deal. Whether you choose to redeem the Voucher is within your sole control and at your sole discretion. Dealster shall not be responsible for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.

Dealster does not represent or warrant that any product or service promoted on the Site will be available for purchase.

Each Dealster Voucher has two components. The first, the “Paid Component,” is the amount you paid for the deal. The second, the “Promotional Component,” is equal to the difference between the Paid Component and the value of the deal (i.e., the original price) prior to the discount. For example, if you purchased a deal worth seventy dollars ($70) for thirty dollars ($30), the Paid Component would be thirty dollars ($30), and the Promotional Component would be forty dollars ($40).

The Paid Component of the Voucher is similar to a paid gift certificate. The Promotional Component is offered to you at no additional charge if you use the Voucher by the expiration date printed on the Voucher. Together the Paid Component and Promotional Component comprise the Voucher.

Unless otherwise stated on the Voucher or required by law, the following are the general terms which apply to all Vouchers:

• Vouchers have no cash value
• With partial redemptions; (i) no cash back will be issued for the Paid Component of a Voucher except as required by law, and (ii) no cash back or credit will be issued for the Promotional Component of a Voucher,
• Vouchers cannot be combined with any other coupons or promotions.
• Neither Dealster nor the Merchant is responsible for lost or stolen Vouchers.
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling fees.
• Voucher use for the purchase of alcoholic beverages is at the sole discretion of the Merchant who may be restricted due to regulatory requirements.
• The Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.

In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the Paid Component until it has a balance of zero dollars ($0.00) and then against the Promotional Component that is remaining.

Dealster will provide a full refund of the Paid Component of the Voucher within thirty (30) of the purchase date, provided the Voucher has not been redeemed, lost or stolen. After thirty (30) days, the Merchant is obligated to honor the Voucher in compliance with law.

If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then Dealster shall refund the Paid Component of your Voucher in the form of a credit for future Deals. In order to receive the credit, you must provide the following information in writing to help@dealster.com: (a) identification of the Voucher’s redemption code number, (b) the name of the Merchant with whom you sought to redeem the Voucher, (c) a statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (d) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.

The expiration date for a Voucher is as printed on the Voucher and refers to the expiration date of the Promotional Component of the Voucher.

If the expiration of the Paid Component of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the Promotional Component of the Voucher shall expire on the date printed on the Voucher, and the Paid Component of the Voucher shall expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed.

In addition to Deals that can be redeemed at local and online Merchants, Dealster sells on the Site products obtained through special third-party relationships with distributors and wholesalers (the “Products”).

Most orders for Products are usually processed and shipped within five (5) business days and are charged a flat rate of five dollars ($5.00) unless otherwise noted in the description of the Deal. Once the Product is shipped to you, you will receive an email with the shipping information, carrier name, and tracking number.

In no case do we offer refunds on Products. We do, however, honor free replacement of any defective Product purchased from us, including Products that are visibly broken in the box or package, provided you report the defective Product within seven (7) days of receipt and you pay shipping charges to the send the Product back to us.

After seven (7) days, the Product’s factory warranty will be in effect and any defect has to be reported to the manufacturer and/or warranty provider.

To report and return a defective Product, please follow the following steps:

• Please email us at support@dealster.zendesk.com or info@dealster.com and we will email you a return form for you to complete and return to us.
• We will review your return request and once it is approved we will email you a Return Merchandize Authorization (RMA) number along with the address to return the Product.
• Please make sure to send the Product back in the packaging in which it was sent to you or repackaged in such a way as to prevent further damage to the Product. We suggest you ship the Product by a method that offers a tracking number by the carrier so you have proof of the Product being shipped.

As soon as we receive the Product you will be contacted and your return will be processed.

We reward our loyal customers through our rewards program and the issuance of Badges. Badges are virtual rewards you earn whenever you complete a reward worthy action. Badges are a fun way to get bragging rights and earn credits (“Badge Credits”) that may be used to reduce the cost of subsequent Deal purchases.

With respect to our loyalty program, Badges, and Badge Credits, the following apply:

• Badge Credits can only be used to purchase Deals.
• Badges and Badge Credits cannot be redeemed for cash.
• For each Deal, we reserve the right, at our sole discretion, to limit the number of Badge Credits that may be used to a specific Badge Credit value, or prohibit the use of Badge Credits entirely.
• If there is a dispute between how many Badge Credits you say you have and how many Badge Credits we say you have – are decision is final.
• We reserve the right to modify the terms of this program, at our sole discretion for any or no reason, including but not limited to; the number of Badge Credits earned for a specific Badge or Badges, and the addition, modification and elimination of a specific Badge or Badges.
• Anyone who violates the Terms of Use will have his or her Badges and Badge Credits revoked.

You understand that certain information you submit to us (such as blogs and reviews) Is done for the purpose of disclosure and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. Other than your credit card information, information provided to us in connection with the purchase of a Deal may be disclosed by us to the Merchant for their commercial purposes including to provide you with the Deal and process the Voucher.

For information on how we collect, use and disclose information pertaining to you privacy, please refer to our Privacy Policy (http://www.dealster.com/privacy-policy). The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference.

We will consider any communications between you and Dealster in which you comment on or offer suggestions for improving or modifying our Services to be non-confidential and non- proprietary. You also agree that such information may be used by us without any limitation whatsoever including promotional and advertising purposes.

YOU AGREE THAT THE USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. NEITHER DEALSTER, ITS PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, MERCHANTS, AFFILIATES, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE OR SERVICES WILL BE ERROR FREE, MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON- INFRINGING.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF DEALSTER SHALL CREATE A WARRANTY.

YOUR SOLE AND EXCLUSIVE REDMEDY FOR ANY DISPUTE WITH DEALSTER IS TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES. IN NO EVENT SHALL DEALSTER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL DEALSTER’S LIABILITY IN CONNECTION WITH A DEAL AND/OR THE PURCHASE OF A VOUCHER EXCEED THE AMOUNT PAID FOR THE VOUCHER, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF A CLAIM.

You agree to defend, indemnify and hold harmless, Dealster, its parent company, officers, directors, employees and agents, from and against any and all claims damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fess) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any use by you of the Site or Services causes damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Dealster Site and Services.

In the event a controversy or claim between Dealster and you arises from or in connection with this Agreement whether based on contract, tort, common law, equity, statute, regulation, order or otherwise (a “Dispute”), you and we agree to reasonably discuss and make good faith efforts to negotiate an amicable settlement of such Dispute without the necessity of any formal proceedings.

If you and we are unable to resolve any Dispute in the manner set forth in Dispute Resolution above, such Dispute shall be submitted to arbitration. The you and we agree that, except as otherwise provided above, any Dispute shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in Chicago, Illinois, with judgment upon the award rendered by the arbitrator to be entered in any court of competent jurisdiction. Notwithstanding the foregoing or the then-current specified Commercial Arbitration Rules, the following shall apply with respect to the arbitration proceeding: (i) the existence, subject, evidence, proceedings, and ruling resulting from the arbitration proceedings shall be deemed confidential information, and shall not be disclosed by you or us, either of our representatives, or the arbitrator (except: (a) to the professional advisers of you or Dealster; (b) in connection with an offering of securities by you or us; (c) as ordered by any court of competent jurisdiction; or (d) as required to comply with any applicable governmental statute or regulation); (ii) the arbitrator shall be required to prepare written findings of fact; and (iii) the arbitrator may grant any relief or remedy which the arbitrator deems just and equitable.

The preferred method of communication between you and us is via electronic means. For contractual purposes, you (i) consent to receive communications from us in electronic form (such as email); and (ii) agree that all term and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

You and we acknowledge that our relationship is that of independent contractors and that nothing contained in this Agreement shall be construed to place either of us in the relationship of principal and agent, master and servant, employer and employee, partners or joint venturers. Neither you nor we shall have, expressly or by implication, or represent each of us as having, any authority to make contracts or enter into any agreement in the name of the other, or to obligate or bind the other in any manner.

This Agreement constitutes the entire agreement between Dealster and you with respect to the subject matter contained in this Agreement. No waiver by either you or us of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.s

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DEALSTER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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 effect 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 you or us to exercise any of either of our rights under this Agreement shall not be deemed a waver or forfeiture of such rights or any other rights provided hereunder.