This Website and any communications service, including the use of the Daily Hookup’s services (collectively, the “Services”) are provided to you as a member of an online community to enjoy the information services, content and transaction capabilities facilitated through the Daily Hookup, affiliates of the Daily Hookup and/or third party merchants (the “Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for the products and services offered by Merchants."
Conditional Use of Our Site and Services
- are at least 18 years old. However, if you are at least 13 years old but not yet 18, you may use the Website in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Website;
- will comply with these Terms and Conditions;
- will not copy or distribute any part of TheDailyHookup.com in any medium without our prior written authorization;
- will provide true, accurate, current and complete information when creating an account or registering for our Services. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription and refuse any and all current or future use of the Services;
- are solely responsible for your user identification and the activity that occurs while signed in. The right to use this Website is personal to you and is not transferable to any other person or entity;
- are solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Website;
- will not act in a manner that negatively affects other users' ability to engage in the Website or Service;
- will not post any material which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Daily Hookup’s express prior, written approval, contains advertising or any solicitation with respect to products or services.
- will not engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names; and
- will not use TheDailyHookup.com to collect any personally identifiable information, such as names, email addresses, phone numbers, or other such information, for commercial purposes.
Third Party Content
The Daily Hookup is a distributor of content supplied by third parties and has no to little editorial control over such content and any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of the Daily Hookup. Under no circumstances will the Daily Hookup be liable for any loss or damage caused by your reliance on information obtained through the Daily Hookup. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Website.
From time to time we may offer promotions, contests and/or sweepstakes in order to create an exciting environment and to provide you with another incentive to purchase Vouchers. Whenever we have such a promotion, contest or sweepstakes, we will post the applicable rules on the Website near the description of such promotion. We reserve the right to interpret these rules in our sole discretion.
Intellectual Property Rights
All content contained in this Website is the copyrighted property of the Daily Hookup and its affiliates or licensors. The Daily Hookup is the sole owner of all content on the Website including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto but excluding intellectual property of other sites obtained by way of linking and content posted by our customers. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website or any portion thereof, for any purpose although you may print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. We reserve the right to terminate this Agreement with anyone who repeatedly infringes third-party intellectual property rights upon prompt notification to the Daily Hookup by the intellectual property owner or the intellectual property owner's legal agent.
The Daily Hookup and the eye with the yellow pupil are our trademarks. Other product and company names that are referred to on the Website or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in these Terms and Conditions.
Our Copyright Policy
We respect the intellectual property of others and require that guests who use our Website do the same. If you are a copyright owner or an owner's agent and you believe that any content on our Website infringes upon any of your copyrights please provide to us the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (ii) an identification and location on the Website of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for The Daily Hookup's copyright agent for notice of claims of copyright infringement is as follows:
The Daily Hookup
Attn: General Counsel
633 Pennsylvania Ave NW
6th Floor, Washington, DC 20004
This Website is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. The Daily Hookup may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and the Daily Hookup may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DAILY HOOKUP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. THE DAILY HOOKUP DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. You may have additional consumer rights under your applicable local laws that this Agreement cannot change.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE DAILY HOOKUP. IN NO EVENT SHALL THE DAILY HOOKUP BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF THE DAILY HOOKUP OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL THE DAILY HOOKUP'S LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE AND SERVICES EXCEED THE AMOUNTS PAID FOR SUCH SERVICES AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
You agree to defend, indemnify and hold the Daily Hookup, and its affiliates, officers, directors, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. The Daily Hookup reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Daily Hookup in asserting any available defense.
You are solely responsible for interactions with Merchant. To the extent permitted by applicable law, you hereby waive and release the Daily Hookup and its affiliates, officers, directors, employees and agents from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, whether online or offline, or any other use. To the extent permitted by applicable law, you hereby waive and release the Daily Hookup and its affiliates, officers, directors, employees and agents from any claim, liabilities, damages or injury arising from or related to any claim, liability, damages or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods/experiences provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Website and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.
By using this Website, you agree that: (1) any claim, dispute, or controversy you may have against the Daily Hookup arising out of, relating to, or connected in any way with this Agreement or the Website, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and us; (3) the arbitrator shall apply District of Columbia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and Daily Hookup's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, you may visit the AAA website at http://www.adr.org.
You and the Daily Hookup are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency between us. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND THE DAILY HOOKUP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DAILY HOOKUP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of the Daily Hookup.
For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If you a resident of another state, you may report complaints to your state consumer affairs office.
How the Hookup Works
How does the Hookup Work?
The Daily Hookup provides you with exclusive offers from local and national Merchants in the Daily Hookup community (the "Hookup").
You are required to create an account in order to purchase a Voucher so that we can collect information to allow you to pay for your Hookup. Once you see a handpicked Hookup you want to buy, you will place an order for a Voucher from the Merchant on the terms, restrictions and conditions associated with the Hookup. Once you've placed your order, you will receive a confirmation of the Hookup and your credit card will be charged for the amount of the Hookup. We will notify you by email when the Voucher for the Hookup is ready to be used.
How does the Voucher Work?
The Voucher you purchase through the Daily Hookup is redeemable for goods, services or experiences offered by the Merchant. The Merchant, not the Daily Hookup is the seller of the Voucher and is solely responsible for redeeming any Voucher you purchase. There are two separate components that make up the Hookup: (i) a paid portion equal to the amount you pay for the Voucher, similar to a paid gift certificate (the "Paid Piece") and (ii) a promotional portion for the balance of the value of the Hookup (the "Promotional Piece") (as long as that Promotional Piece is used prior to the expiration date on the Voucher as described below). In the event you only partially redeem your Voucher with the Merchant, your purchase will be allocated first against the Paid Piece until it has a balance of zero dollars and then against any Promotional Piece remaining.
What are the Terms and Conditions of the Voucher?
- Vouchers cannot be combined with any other voucher, third party certificates, coupons or promotions, unless otherwise agreed to by the Merchant.
- Vouchers cannot be used for taxes, tips or prior balances, unless otherwise agreed to by the Merchant.Neither The Daily Hookup nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
- Neither The Daily Hookup nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
- Reproducing, selling or trading of the Voucher is prohibited unless allowed by applicable law.
- Any redemption or attempted redemption not consistent with these Terms and Conditions renders the Voucher void.
- The holder and issuer of the Voucher is the Merchant and the Merchant bares full responsibility for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof.
- Vouchers are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally, unless otherwise required by applicable law.
Are there any Restaurant-Specific Terms and Conditions?
Yes. Any Vouchers for food and/or beverage has the following special terms that apply to those Vouchers.
- It is up to the restaurant Merchant if the Voucher can be used for alcoholic beverages in compliance with applicable law. Certain states may impose limits on the use of Vouchers for alcoholic beverages (such as what percentage of a Voucher may be redeemed for alcoholic beverages and/or the number of alcoholic beverages that may be purchased using a Voucher). The Daily Hookup's sole role in the Hookup is as a marketer for the Merchant Voucher so it is the sole responsibility of the Merchant to comply with applicable laws, statutes and codes.
- Vouchers are valid for dine-in only, unless otherwise agreed to by the Merchant.
- Any issuance of restaurant credit is at the sole discretion of the Merchant, unless otherwise required by applicable law.
When is the Expiration Date?
Each Voucher has an expiration date that is printed on the Voucher. If applicable law of the jurisdiction in which the Merchant is located specifies an expiration date different than what is printed on the Voucher, the Voucher shall expire on the following dates: (i) the Promotional Piece will expire on the date printed on the Voucher and (ii) the Paid Piece will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires the Merchant to extend the period in which the Voucher be redeemed. As an example, you will only be entitled to a continuing redemption value if the Paid Piece exceeds the amount you have redeemed. In other words, if you have paid for a Voucher and have made a partial redemption with a Merchant prior to the expiration date, your Voucher will not have any continuing redemption value if the expiration date on the Voucher has passed and if the amount you redeemed is equal to or greater than the Paid Piece.
Any Problems Redeeming?
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, please contact us at email@example.com so that we can resolve the situation. Please include the following information in your email: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.
If you have any questions about this policy or our Website in general, please contact us.
Last updated: June 20, 2011