Terms & Conditions

Terms & Conditions Welcome to DealPulp! Please carefully review our Terms and Conditions (“Terms of Use,” “Terms,” or “Agreement”). Understanding them is vital to the use of this site and purchase of Promo Codes and products on DealPulp ("DealPulp," “we” and “us”). By using any part of this website (the “Site”), you (“End User” or “you”) agree to be bound by these terms, as well as our Privacy Policy (http://dealpulp.com/info/privacy). If you do not wish to be bound by any part of these terms, please refrain from using the Site.

1. Generally

DealPulp offers exclusive opportunities for you to purchase exciting deals and deeply discounted products from a selection of third party merchants (“Merchants”). The Site provides an interactive online service whereby End Users can make purchases, communicate with each other, and communicate with Merchants. This agreement sets forth the terms and conditions under which you can use the Site and purchase deals and products. You agree to comply with all terms, rules and regulations promulgated and contained in this agreement and the Site’s Privacy Policy (http://dealpulp.com/info/privacy).

You must be 18 years of age or older to use the Site. If you are 13 years of age or older but less than 18 years of age, you may only use the Site if done so in conjunction with a parent or legal guardian who agrees to this Agreement.

In accessing this Site, DealPulp grants you a limited license to access and make personal use of the Site and its services. This license does not, however, authorize you to download, copy, reproduce, cache, distribute, modify, transmit, or otherwise use any information, text, images, videos, or any other materials on or originating from the Site for any other purpose.

2. Modification of Terms

DealPulp reserves the right to discontinue or modify this Agreement, our Privacy Policy, and any and all other Site policies at any time without prior notice. In the event of a substantial material change to this Agreement or Privacy Policy, DealPulp will post those changes to the Site and may notify its subscribers by sending emails to users’ email addresses indicating that changes have been made. This notice may or may not detail the exact nature of the changes. Changes will be effective upon their posting to the Site. Your continued use of this site after a modification of terms constitutes acceptance of and agreement to those modifications. Therefore, you should carefully review this Agreement and our Privacy Policy from time to time to ensure that you are aware of any such changes.

3. Equipment

You shall be responsible for obtaining and maintaining all equipment and services necessary to access this site, including but not limited to computer hardware, telephone service, internet service, and any other equipment or service required. DealPulp shall not be liable for any damage to the End User’s equipment that arises from the use of the Site.

4. User Conduct

While DealPulp encourages interaction by its users, you must agree not to do any of the following: conduct or promote any illegal activity while using this Site; upload or distribute materials, or link to any third-party websites, that contain offensive, harmful, threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable content; and engage in any conduct that may give rise to criminal or civil liability. Furthermore, you agree not to attempt to gain unauthorized access to secured portions of the Site; reverse engineer or otherwise attempt to derive the source code of the software that enables or underlies the Site; engage in any act to undermine or jeopardize the normal functioning of the Site; upload or transmit any form of virus, worm, Trojan horse, or other malicious code; exploit the Site to generate unsolicited emails, advertisements, or spam; use any automated method to harvest information from the Site, including but not limited to deal and user information; and impersonate an employee or representative of DealPulp, another user, or any other individual or entity. You also agree not to use the site to advertise or perform any commercial, religious, political or non-commercial solicitation of any kind, including but not limited to soliciting other users to avail themselves of the services that may be directly or indirectly competitive or potentially competitive with DealPulp.

DealPulp may, but is not obligated to, monitor the conduct of the Site’s users or the communications they make via the Site. You agree that you use the Site at your own risk and are aware that DealPulp cannot exert constant control over the Site’s users’ conduct.

5. User Accounts

To purchase deals and products on the Site, you will need to register with DealPulp and create an account. If you elect to create an account, you agree to provide only accurate and complete registration information, and that you will keep that information up to date if it changes. You will use your email address in conjunction with a password you create (together “Login Credentials”) to sign into the Site. You are the only person authorized to access the Site using those Login Credentials, and you agree not to allow others to use it. You further agree that, insofar as DealPulp can tell, any actions taken or conduct engaged in by an individual logged in with your Login Credentials are taken or engaged in by you. You are solely responsible for any and all conduct of any individual or individuals using your Login Credentials and are responsible for preventing the unauthorized use of your Login Credentials. Therefore, it is vital that you keep your Login Credentials confidential. You agree to notify DealPulp immediately if you become aware that your Login Credentials have been compromised, i.e., that another individual is using or has used your Login Credentials. You agree to create only one set of Login Credentials. If DealPulp believes that an individual has used multiple Login Credentials to purchase more deals than a single user is authorized to purchase, then all purchases made by that individual may be voided at DealPulp’s exclusive election. You may terminate your own account and Login Credentials at any time by sending an email from your registered email address to support@dealpulp.com. DealPulp reserves the right to unilaterally terminate your account and Login Credentials with or without cause at any time. Individuals whose accounts and Login Credentials have been terminated for violations of this Agreement, violations of our Privacy Policy, or any other “for cause” reason may not register a new account or obtain new Login Credentials.

6. Deal Terms for Today’s Deals

Users can purchase “Today’s Deal” deals (“Today’s Deal”) on the Site. Today’s Deals are subject to both the terms contained in this Agreement and the terms described in the “Fine Print” section (“Fine Print”) of the Today’s Deal’s webpage. The terms in the Fine Print supersede the terms of this Agreement insofar as they are inconsistent or conflict, except to the extent such terms are prohibited by law.

The Today’s Deal is an opportunity for you to buy Promotional Codes (“Promo Codes”) that can be used to purchase goods and services at a Merchant’s website. Once you’ve purchased a Promo Code, your credit card will be charged and a confirmation message will appear. All Promo Codes are subject to all terms and conditions of both DealPulp and the Merchant. The following terms apply to all Today’s Deals:

• Promo Codes have no cash value and cannot be redeemed for cash, except where required by law;
• No cash back or credit will be issued for partial redemption of a Promo Code, except as required by law;
• Promo Codes cannot be combined with any other coupons or promotions;
• Promo Codes cannot be used to pay sales tax or prior balances;
• Shipping and handling may or may not be paid for with Promo Codes depending on the terms of the Fine Print;
• Neither DealPulp nor the Merchant is responsible for lost or stolen Promo Codes;
• Duplicate use, sale or trade of a Promo Codes is prohibited, except as required by law;
• Purchases in excess of the maximum number of gifted Promo Codes specified in the Today’s Deal are voidable at DealPulp’s election;
• Purchases in excess of the maximum number of Promo Codes specified in the Today’s Deal are voidable at DealPulp’s election;
• The Today’s Deal’s price does not include sales tax, which may be charged to you separately by the Merchant at the time of Promo Code redemption;
• Instant Codes will be made available to you immediately after your order is placed. For all other Today’s Deals, DealPulp shall make all reasonable efforts to deliver Promo Codes to your email address within 96 hours of purchase;
• DealPulp shall make all reasonable efforts to deliver Promo Codes to your email address within 72 hours of purchase;
• Neither DealPulp nor Merchant guarantee the availability of any specific good or service at the time of the Promo Code’s redemption;
• Merchant may refuse to allow Promo Codes to be used to pay for alcoholic beverages for any reason, including but not limited to laws in your or the Merchant’s locality prohibiting the sale, shipping, or discounting of alcohol;
• Promo Codes are single use;
• Only one Promo Code can be redeemed per order;
• Sale of all Promo Codes is final. Promo Codes cannot be returned for cash, credit, or any other form of compensation;
• Instant Code orders cannot be cancelled at any time. All other Today’s Deal orders can be cancelled within 90 minutes of making the order. You will need to visit the “Purchases” tab under “My Account,” and click the “Cancel” button that appears next to your order. After 90 minutes have elapsed, you cannot cancel an order.

7. Deal Terms for Daily Picks

Users can purchase “Daily Pick” deals (“Daily Pick”) on the Site. Daily Picks are subject to both the terms contained in this Agreement and the terms described in the “Fine Print” section (“Fine Print”) of the Daily Pick’s webpage. The terms in the Fine Print supersede the terms of this Agreement insofar as they are inconsistent or conflict, except to the extent such terms are prohibited by law.

The Daily Pick is an opportunity for you to buy a deeply discounted product from a third-party Merchant. Once you’ve purchased a product, your credit card will be charged and a confirmation message will appear. All products are subject to all terms and conditions of both DealPulp and the Merchant. The following terms apply to all Daily Picks:

• Products may be returned for DealPulp credit within 21 calendar days after the product has been shipped to you. To make a return, log into your DealPulp account and click on “My Account” and then “Purchases;”
• Returns must be shipped directly back to the Merchant, not DealPulp. You must ship the item within 3 business days of first requesting the return. If you fail to do so, you may not be able to return the product or receive DealPulp credit for the return;
• Products that are marked “final sale” cannot be returned at any time. No DealPulp credit or other form of credit will be issued for the return of final sale items;
• Refunds will not be issued in cash. Products can only be returned for DealPulp credit;
• You are responsible for the entirety of shipping costs to return products to Merchants;
• Shipping costs are nonrefundable;
• Damaged or broken products are subject to the same return policy as undamaged products;
• Because most Daily Picks sell out quickly, exchanging products (e.g., for another size, different color) is not possible;
• You may cancel an order within 90 minutes of making the order. You will need to visit the “Purchases” tab under “My Account,” and click the “Cancel” button that appears next to your order. After 90 minutes have elapsed, you cannot cancel an order;
• Sales and use tax will be applied to products purchased by California residents who list a California shipping addresses. DealPulp will collect sales and use tax for products purchased by California residents who list California shipping addresses. Merchants are responsible for collecting sales and use taxes in their states;
• DealPulp is not responsible for products lost or damaged in shipment.

Daily Pick products are purchased from Merchants, not from DealPulp. DealPulp merely provides a venue where Merchants may sell products. Therefore DealPulp has no control over the quality, safety, morality or legality of any aspect of Daily Pick products, including but not limited to the truth or accuracy of the listing. DealPulp does not transfer legal ownership of any product or item to any End User or Merchant. You acknowledge and agree that DealPulp is not responsible or liable, directly or indirectly, for any harm, damages, loss or injuries arising from the purchase or use of any products, goods or services you obtain from Merchants, or from the Merchant’s failure to deliver products, goods or services.

8. Expiration and Partial Redemption of Promo Codes

Today’s Deal deals have expiration dates that are specified in the Fine Print. If you have not redeemed a Promo Code by that date, the Promo Code will no longer function on the Merchant’s website and cannot be redeemed for goods and/or services.

If the expiration of a Promo Code is prohibited or limited by law in either your jurisdiction or that of the Merchant, you agree to the following: for a period of time after the expiration date as required by law, the Merchant will be obligated to allow you to redeem the Promo Code for the amount you actually paid for the Promo Code, not the full amount specified in the Today’s Deal deal. Please contact the Merchant if a Merchant’s website fails to allow you to use your Promo Code. In the event that a Merchant refuses to honor a Promo Code in accordance with this Agreement or the law, please contact us at support@dealpulp.com and provide: (a) the name of the Merchant and the Today’s Deal Deal you purchased, (b) a statement explaining the circumstances and your interaction with the Merchant, including the date and time when the Merchant refused to redeem the Promo Code, and (c) a statement made under penalty of perjury that the Promo Code has never been redeemed with the Merchant. Note that you may choose not to redeem any Promo Code and thus forfeit its use.

Promo codes are single use, meaning if you do not redeem the full value of the Promo Code in a single purchase from a Merchant, you forfeit the remaining value. Where required by law, a merchant may be obligated to offer you only a credit or cash equal to the difference between your partial redemption and the full value of the Promo Code. DealPulp is not responsible for furnishing cash or credit in the case of partial redemption by you.

9. Intellectual Property

Everything located on the Site is property of DealPulp or used with the express permission of a third party. You agree not to copy, distribute, transmit, post, link, deep link, or otherwise modify the Site without the express written permission of DealPulp. Any such violation my constitute copyright and/or trademark infringement, is prohibited, and may subject an End User to civil and/or criminal penalties.

The Site contains copyrighted and trademarked materials, including but not limited to text, images, video, software, graphics, music, and sound. The entire contents of the Site are protected by copyright law as a collective work. Furthermore, DealPulp maintains a copyright in the layout, arrangement, coordination and enhancement of that original content. You are prohibited from modifying, editing, publishing, transmitting, selling, transferring, creating derivative works of, or otherwise exploiting the content, in whole or in part, of the Site. You are, however, permitted to download, print, and save the Site and/or its contents for your personal use only; no other use is permitted. Except to the extent permitted by law, you may not copy, transmit, distribute or otherwise exploit the Site’s contents for any commercial purpose. To the extent that the law does permit such exploitation, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge and agree that you acquire no rights in or title to copyrighted materials you download from the Site. DealPulp trademarks shall be deemed not to be in the public domain but rather the exclusive property of DealPulp. Trademarks of the third-parties appearing on the Site are subject to a license giving DealPulp the right to use and display them.

You agree not to upload to the Site any materials protected by copyright, trademark, or other proprietary right unless you have the express permission of the rights holder to do so. DealPulp is not obligated to assist you in identifying whether materials are copyrighted, trademarked, or otherwise protected. You are solely liable for any damage resulting from uploading materials that infringe upon copyrights, trademarks, and/or other proprietary rights. By submitting material to any public area of the Site, you represent, warrant and guarantee that you have the right to do so. Furthermore, by submitting material to any public area of the Site you expressly grant DealPulp the royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, copy, reproduce, adapt, modify, transmit, publish, translate, and distribute such material, in whole or part, worldwide, and/or incorporate it in other works in any form, media, or technology, whether known now or hereafter developed, for the full term of the copyright that may exist in such material. You also permit other End Users to access, view, store or reproduce the material for that End User’s personal use. You grant DealPulp the right to edit, copy, publish and distribute any material made available on this Site by you.

10. DMCA Policy

If you believe that a copyrighted work has been inappropriately copied to or posted on the Site, you may provide DealPulp with the following information: (a) a signature of the person authorized to act on behalf of the copyright holder; (b) information identifying the allegedly infringing work and its location on the Site; (c) a statement by you explaining why you believe the work is infringing and not duly authorized by the copyright holder, its agent or the law; (d) your name, address, email address and telephone number; and (e) a statement by you under made penalty of perjury that you are the copyright holder or otherwise authorized to act on the copyright holder’s behalf. Please direct the above information to:

DealPulp Attn: DMCA Compliance P.O. Box 2375 Santa Clara, CA 95055 support@dealpulp.com

DealPulp reserves the right to terminate this agreement with any End User who infringes upon third-party copyrights.

End Users are prohibited from using any of DealPulp’s trademarks or any other trademarks appearing on the Site for any purpose, including but not limited to their use in metatags on other websites, without the express written permission of DealPulp or third-party trademark owner.

11. Privacy

You acknowledge that all comments, feedback, postings, and other communications you submit to the Site are not private, but are public and non-confidential. You are aware that other End Users will have access to those communications. You grant DealPulp the right to use any such communication for promotions, advertising, market research, or any other lawful purpose, without territorial limitations, time limitations, or any other limitation. DealPulp does not control the content of those communications and does not endorse the content, messages or information they convey. DealPulp disclaims any liability arising from your participation in making or consuming such communications, including but not limited to the presence of objectionable material. DealPulp may, but is not obligated to, monitor communications made via the Site and may remove, censor, edit, or otherwise alter communications as DealPulp deems appropriate at its own discretion. DealPulp may, but is not obligated to, terminate the account and User ID of any individual as a result of communications made via the Site.

Any communication made to DealPulp, whether via the Site, through email, or in any other medium, in which you offer suggestions or comments for improving or modifying the Site, our services, or our business, will be deemed non-confidential and non-proprietary. DealPulp is entitled to use such information in any lawful way without any limitation whatsoever.

Personal information (e.g., physical address, email address, credit card information) you submit to DealPulp, via the Site or otherwise, may be shared with Merchants for the purpose facilitating the purchase of Promo Codes, products and/or services. Credit card information is maintained with appropriate privacy and security protections. You also agree to receive email communications from DealPulp periodically.

For more information see our Privacy Policy (http://dealpulp.com/info/privacy).

12. Access

The Site is accessible from around the world. However, you understand and acknowledge that not all Merchants are able to sell or ship products and/or services to all countries, jurisdictions and localities. It is your responsibility to determine whether a Merchant can, in fact, sell and ship products and/or services to your desired locality.

A credit card issued by a United States bank is required to make purchases on the Site. DealPulp is working to include banks in other countries; this Agreement will be updated to reflect this expansion as it occurs. Please note not all Merchants featured on DealPulp are based in the United States.

13. Third-Party Content

On the Site, you may find links to other websites, resources, and content on the internet. Some of those links may be posted by DealPulp, others by the Site’s users. DealPulp has no control over the content of such websites or resources. You acknowledge that DealPulp is not responsible for the availability of those third-party external websites or resources, does not endorse any content contained therein, and is not responsible or liable for any content, products or services available through those links. You further acknowledge and agree that DealPulp is not responsible or liable, directly or indirectly, for any harm, damages, loss or injuries arising from any content, products or services available through those links, or your interactions with those websites. You agree that you use and access third-party content at your own risk.

14. Merchants

Merchants are the sellers of both Today’s Deal Promo Codes and Daily Pick products. DealPulp is not the seller of Promo Code, products or services. Merchants are the issuers of Promo Codes and seller of products and services. Accordingly, Merchants are solely and fully responsible for any and all injuries, illnesses, damages, losses, claims, liabilities, and costs incurred by the End User that have arisen, in whole or in part, from the purchase of Merchant’s Promo Codes, goods or services; DealPulp is not in any way responsible or liable for such harm. Similarly, Merchant, and not DealPulp, is solely and fully responsible for any unclaimed property liability arising from unredeemed or partially redeemed Promo Codes.

15. DealPulp Credit

Tell friends about DealPulp deals using your unique referral link or our Facebook, Twitter and Email sharing options, and if they buy a Today’s Deal or Daily Pick using your shared link you’ll earn DealPulp credit worth 10% of their purchase.

• You will only receive credit for purchases originated via your unique link (i.e., the user must click your link and then make a purchase in the same session);
• You will not receive credit for the portion of a purchase made with DealPulp credit;
• You can only have DealPulp credit of up to $1,000.00 United States Dollars (USD) at a time; i.e., if your DealPulp credit balance is $1,000.00, you cannot earn additional credit until some if it has been redeemed or expired.
• DealPulp Credit will not be awarded for referral’s made to individuals in your household or sharing the same shipping and/or billing address as you.
• DealPulp credit earned prior to July 12, 2011, will expire on January 12, 2012.
• DealPulp credit earned on or after July 12, 2011 will expire six (6) months after it is earned.
• DealPulp credit can be redeemed to purchase both Today’s Deal’s and Daily Picks.
• If your DealPulp account and Login Credentials are terminated for any reason, whether by you or DealPulp, your DealPulp credit will be reduced to zero and you will not be entitled to any compensation, credit, cash back or any other type of remuneration.

16. Affiliates

DealPulp’s Affiliates Program allows website and blog operators to earn cash for sharing our deals with their users. To become an affiliate, click on the “Become and Affiliate” link at the bottom of the page, choose a username and give us a link to your website. You’ll be assigned a unique URL that you can post on your website or blog. Every time users click on that link and then purchase a Today’s Deal or Daily Pick from DealPulp during the same browsing session (i.e., without leaving DealPulp.com or closing their internet browser), you will earn ten (10) percent of the amount they spend, excluding taxes, shipping and handling charges. The affiliate program is subject to these Terms and Conditions, including the following terms:

• At the end of each calendar month (“Payment Period”), your affiliate earnings will be calculated. If you have made more than $50.00 USD since your last affiliate earnings payment, you will be mailed a check for the full amount of your earnings. Checks will be mailed within 30 days of the end of the Payment Period;
• You must provide us with your true name and mailing address to receive checks. To do this, click on “edit” next to your unique URL in the Affiliate Dashboard. If you fail to provide DealPulp with your true name and mailing address, you will not receive payments and your affiliate earnings will be forfeited;
• If your DealPulp account is terminated for any reason, by you or DealPulp, your final earnings will be calculated at the end of the Payment Period during which the termination occurred. A check for your final earnings will be mailed to you within 30 days of the end of that Payment Period;
• You are solely and fully responsible for any and all tax liability arising from your Affiliate Earnings. DealPulp will not and cannot give you tax advice;
• Use of the affiliates program requires that you create a DealPulp account as prescribed in Section 5 of this Agreement;
• Affiliate earnings are not considered earned until a check is issued for them. Therefore, you agree that DealPulp does not hold any funds for your benefit or on your behalf in trust or in any other form;
• DealPulp may terminate an affiliate relationship and/or account at any time with or without notice and/or cause.

17. Disclaimer of Warranties

YOU AGREE THAT USE OF THE DEALPULP SITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALPULP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DEALPULP SITE AND ITS SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALPULP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DEALPULP SITE OR ITS SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE DEALPULP SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALPULP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DEALPULP SITE OR SERVICE. In jurisdictions that do not allow or restrict the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

18. Limitation of Liability

IN NO EVENT SHALL DEALPULP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE DEALPULP SITE OR ITS SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DEALPULP SITE OR ITS SERVICES, FROM INABILITY TO USE THE DEALPULP SITE OR ITS SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DEALPULP SITE OR ITS SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEALPULP SITE OR ITS SERVICES OR ANY LINKS ON THE DEALPULP SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEALPULP SITE OR THESE SERVICES OR ANY LINKS ON THE DEALPULP SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Any claim arising out of or relating to this agreement, the use of the Site and/or its services, must be made within one (1) year of the first instance of the alleged injury, harm, loss or damage. Otherwise, the claim shall be deemed waived by Merchant. In jurisdictions where limitations of liability are not permitted or restricted, some of the foregoing limitations of liability may not apply to you.

19. Indemnification

You agree to defend, indemnify and hold harmless DealPulp, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to attorneys’ fees, arising out of or related to any Promo Codes, products or services purchased via the Site. You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted by law, you release DealPulp from any and all claims or liability related to 1) the conduct and/or speech of any other user and 2) any product or service offered or sold by a Merchant and any act, omission to act, or conduct of a Merchant, including but not limited to Merchant’s failure to comply with the law, Merchant’s failure to honor a Promo Code and Merchant’s failure to duly provide or deliver goods or services.

In relation to the foregoing release, you agree to waive California Civil Code Section 1542 (and any other similar provision or law 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

20. Survival

Notwithstanding any other provisions of this Agreement or any general legal principles to the contrary, any provisions imposing or contemplating continuing obligations survive the termination or expiration of this Agreement.

21. Miscellaneous

This Agreement constitutes the entire agreement between you and DealPulp relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. No waiver by either party of a breach or default under this Agreement constitutes a waiver of any previous or future breach or default. The failure by either party to exercise any of its rights under this agreement does not constitute a waiver or forfeiture of its rights or any other rights under this Agreement. The headings of the sections contained in this agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this agreement. In the event that any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. This Agreement shall be governed by the laws of the State of California, without giving effect to any principles that may provide for the application of the laws of another jurisdiction.

22. ARBITRATION

By using this site, you agree that any disputes, controversies, or claims in connection with or arising out of this Agreement, use of the Site and its services, or purchase of Promo Codes, goods or services via the Site, shall be referred to and finally determined by arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator under the rules and procedures of the AAA, from which arbitration there shall be no appeal. (1) Any award rendered by the arbitrator shall be final and binding on all parties, and judgment upon the award rendered by the arbitrator, if any, may be entered in any court of competent jurisdiction. (2) Such arbitration shall be held in a location as determined by the AAA pursuant to their rules and procedures, so long as it is reasonably convenient to the End User, or at a place mutually agreed upon by the parties. (3) The arbitrator shall apply California law consistent with the Federal Arbitration Act, including applicable statues of limitations, and shall honor privileges recognized at law. (4) There shall be no authority or basis to arbitrate any claims on a class or representative basis; the arbitrator may not consolidate or join any parties or claims of other parties that may be similarly situated. (5) In the event that the End User demonstrates the costs of litigation would be less than the costs of arbitration, DealPulp may pay the difference on behalf of the End User such that arbitration is not cost-prohibitive. In the event that any part of this Arbitration clause is found to be invalid, unenforceable, illegal, or otherwise conflicts with AAA’s rules and procedures, the balance of the provisions will remain in effect and the clause construed as if the offending part was never contained herein. However, if section (4) is found to be invalid, unenforceable, illegal, or otherwise conflicts with AAA’s rules and procedures, then the entirety of this Arbitration clause is null and void and neither party shall have the right or ability to arbitrate their claims.

Last modified December 21, 2011.