Conditions of Sale
Sale and Purchase of Goods and Services
We (“Merchant”) hereby agree to sell and You (“Buyer”) hereby agree to purchase the products and/or services of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) in the terms and conditions set forth in these Conditions of Sale (“Conditions of Sale”).
Buyer agrees to pay the Purchase Price (Cash Value) of the Goods as posted on this website attached hereto. The Face Value of the Offer minus the applicable Discount is the Cash Value.
The total amount of the Purchase Price (Cash Value) shall be payable in full by Buyer at this Site by use of PayPal, eCheck or a credit or debit card as stated at Checkout. The sale shall be considered final upon our acceptance of the Transaction Approval Receipt from this Site.
Upon our acceptance of the Transaction Approval Receipt from this Site, Buyer shall be sent an email from this Site. The email shall contain a Voucher for the Goods purchased by Buyer which is redeemable from Merchant after a 24 hour period from date and time of purchase.
Voucher Redemption and Expiration Date
Vouchers purchased through this Site will be valid for redemption at Face Value from Merchant upon receipt of Voucher after a period of 24 hours from date and time of purchase through and including the Expiration Date listed on the Voucher. After the Expiration Date, Vouchers will be valid for redemption for at least the Purchase Price (Cash Value) from Merchant according to Merchant policies and any applicable law. Contact Merchant for details.
Disclaimer of Warranty/Limitation of Liability
Warranties provided for herein shall be governed by the Merchant’s warranty policy in effect on the date of purchase. Merchant agrees to abide by and honor all terms and conditions as set forth in the Site, Voucher and these Conditions of Sale. Merchant does not assume any responsibility that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in these Conditions of Sale. Except for those listed in these Conditions of Sale, on Site and on Voucher, Merchant hereby disclaims all other warranties and conditions, expressed or implied. THE MERCHANT (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF THE MERCHANT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL THE MERCHANT OR ITS AFFILIATES BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE CONDITIONS OF SALE IN EXCESS OF THE PURCHASE PRICE (CASH VALUE) OF THE VOUCHER FOR GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER. THE MERCHANT AND ITS AFFILIATES DISCLAIM ANY WARRANTIES OF NONINFRINGEMENT WITH RESPECT TO THE GOODS, AND NEITHER THE MERCHANT OR ITS AFFILIATES SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
Merchant shall not be held responsible for any failure of performance to make timely availability of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Merchant, which causes delays or hinders the manufacture or delivery of Goods. Merchant shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
If there is any inconsistency between these Conditions of Sale and any other agreement included with or relating to the Goods, these Conditions of Sale shall govern. These Conditions of Sale may not be modified, altered or amended without the written agreement of Merchant. Any additional or altered Conditions of Sale attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Merchant. If any provision in these Conditions of Sale is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. These Conditions of Sale shall be interpreted under the laws of the State of Arizona, without giving effect to conflicts-of-law rules; and in the event of a dispute under these Conditions of Sale, Buyer submits to the exclusive jurisdiction and venue of the courts of Arizona and hereby waives any objection to such jurisdiction and venue.
If there are any questions regarding the Conditions of Sale, please feel free to contact Administration at DOadmin@DailyOffertunity.com or the following address and phone number:
16845 North 29th Avenue, 647
Phoenix, Arizona 85053