Terms and Conditions
Last Updated May 22, 2020
To access this Website you must be of legal drinking age in the country where you reside. Please exit this Website immediately if you are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to this Website is not permitted. By entering this Website [dealamina.com] you agree to be bound by the Terms and Conditions of Use (“Terms of Use”), which shall take effect immediately on your first visit of the Website. Please read the Terms of Use carefully before accessing and using the Website. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Website.
IMPORTANT NOTICE – PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE (AS DEFINED BELOW). THE SITE IS FOR YOUR PRIVATE AND NON-COMMERCIAL USE ONLY. YOU MAY NOT SELL, AUCTION, ALTER, DUPLICATE, TRANSFER, DISTRIBUTE OR OTHERWISE USE THE SITE (INCLUDING BUT NOT LIMITED TO COUPONS AND OFFERS) IN A COMMERCIAL MANNER. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. DIGITUS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO ALL SUCH CHANGES.
The Site is provided by Digitus Solutions LLC, together with its subsidiaries (collectively, “Digitus”). The “Site” includes, without limitation: (a) all websites, subdomains, microsites, and mobile applications owned or managed directly by Digitus (including designated portions of third party websites and applications that link to or refer to these Terms of Use); (b) all Digitus’s services offered on or through such sites (“Services”); (c) all software offerings and applications owned by Digitus and made available on or through the Site or authorized digital distribution platforms (“Software”); and (d) all data, text, images, photographs, graphics, audio, video, offers, coupons, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available or submitted on or through the Site (“Content”).
PRIVACY
Digitus considers protecting the privacy of your personal data very important, and has developed a Privacy Policy describing Digitus’s data collection policies and practices. These Terms of Use includes the Privacy Policy. You agree that Digitus’s Privacy Policy is applicable to your use of the Site.
CHILDREN
This Site is not intended for children. If you are under 21 years of age, please do not use or access the Site at any time or in any manner, or submit any information to the Site or to Digitus.
OTHER TERMS
Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.
USE OF THE SITE
You agree to comply with the terms and conditions associated with any offers, coupons, coupon codes, and other promotions available on or through the Site. You also agree you will not engage in any fraudulent, deceptive or otherwise improper actions when using the Site. If you print coupons using any of our print technologies, you agree that we may install or store certain authentication and print control technologies on your devices. You agree not to interfere with or circumvent such residual technologies and you agree to comply with print limits and only print coupons for your own personal and non-commercial use. Digitus reserves the right to suspend or disable your printing ability in the event of suspicious activity or violation of these Terms of Use or any other applicable terms and conditions.
Access to and use of password protected or secure areas of the Site is restricted to authorized or registered users only. You agree that you will not share your password(s), account information, access to the Site, or create more than one personal account. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify Digitus immediately of any unauthorized use of your password(s) or account(s). You agree that Digitus will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you would be held liable for losses incurred by Digitus or another due to someone else using your account or password. You may not use anyone else’s account at any time.
You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any Digitus networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Digitus networks or systems, or to interfere or attempt to interfere with any Digitus networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Digitus, networks or systems.
ADDITIONAL RESPONSIBILITIES
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Digitus has reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these Terms of Use, Digitus has the right to suspend or terminate your account and refuse any or all current or future use of the Site (or any portion thereof).
USE OF SOFTWARE
Your use of Software is subject to these Terms of Use and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Site or any other authorized digital distribution platform, and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software, including but not limited to any authentication and print control technologies, or disclose any such method or means to any third party; (d) You may not modify, alter, or create derivative works of the Software; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.
SERVICES
Digitus may change the Services offered on or through the Site at any time without notice. Digitus makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.
CONTENT
All Content, including without limitation, any advice, recommendation or opinion, offer or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by Digitus, nor is there any representation or warranty by Digitus that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
USER CONTENT
Digitus may permit registered users to post content to the Site, including comments, photos, videos, and other materials (“User Content”). You understand and agree that Digitus does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Digitus arising from or relating to User Content.
If you choose to post User Content, please be aware that your User Content and your public account profile (e.g., your name and any photo submitted through the registration process) will be available to the public. If you register with us via a third party account such as Facebook, Google+, Twitter, your Digitus profile may link to your public profile at that account as well. You should therefore only post User Content you are comfortable sharing under these Terms of Use.
You are solely responsible for your User Content and the consequences of posting your User Content to the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post and to grant Digitus the licenses and rights set forth in these Terms of Use.
You retain all rights in and to the User Content you post to the Site. However, by posting User Content to the Site, you hereby grant Digitus a perpetual, nonexclusive, royalty-free, transferable, sub-licenseable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Site and Digitus’s business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Site (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You also hereby grant Digitus a perpetual, nonexclusive, royalty-free, transferable, sub-licenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with your User Content and any derivative works thereof. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.
Digitus may use User Content to promote or advertise the Sites or Services or the products and services of affiliates, advertisers and other third parties (collectively “Promotions”). By posting User Content, you agree that Digitus shall have the perpetual, nonexclusive, royalty-free, transferable, sub-licenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with such Promotions. You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote the products and services of Digitus or any other company or product that is addressed in your User Content.
You agree not to post any User Content that:
• violates a third party’s copyrights, trade secrets, trademarks, privacy rights, publicity rights, or other intellectual or proprietary rights;
• you do not have the right to disclose under any law, contractual obligation, or fiduciary relationship;
• violates, or encourages conduct that violates, laws or regulations;
• is fraudulent, false, misleading, or deceptive;
• is sexually explicit, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, discriminatory, racially or ethnically offensive, abusive, violent, humiliating to or bullying of other people, or otherwise inappropriate, as deemed by Digitus in its sole discretion;
• may create a risk of harm, loss, emotional distress, or physical or mental injury to yourself, any other person, or any animal;
• is harmful to or exploitive of children, or that includes images or videos of children without first obtaining the consent of their parent or guardian;
• contains advertisements or solicitation of business;
• sends spam, surveys, unsolicited advertising or promotional materials, or chain letters;
• contains or links to any material that contains software viruses, corrupted files or any other similar software, files, or programs that may damage or adversely affect the operation of the Site, the Services, or the computer or systems of another user;
• impersonates another person or entity.
Digitus reserves the right but not the obligation to remove any User Content and/or to terminate, deactivate or suspend a user account without notice for any reason or no reason, including without limitation our belief that User Content violates these Terms of Use.
THIRD PARTY CONTENT
As a convenience to users, the Site contains links to third-party web sites (“Third Party Sites”). You understand and agree that Digitus makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites.
FEEDBACK
All comments or materials submitted by you to Digitus through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by Digitus on a non-confidential and unrestricted basis. Further, Digitus shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”. Digitus may, in its sole discretion, remove any Feedback you submit to the Site that in its opinion breaches these Terms of Use or any applicable law, or is otherwise objectionable.
OWNERSHIP
The Site contains copyrighted material, trademarks, service marks, and other proprietary information and the Content is protected by copyright, trademark, and other intellectual property laws. Except for User Content, all right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of Content, are and shall remain the intellectual property and copyrighted works of Digitus and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any Digitus name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without Digitus’s express prior written consent. Except as expressly stated in these Terms of Use, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Digitus. Notwithstanding the foregoing, Digitus may permit users to share specific Content by making a button, widget or other such tool available for the express purpose of sharing such Content on a social media channel such as Pinterest, Google+, or Facebook.
SYNCING
If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location or shopping list data, you understand and accept that by activating the applicable Software feature, it will require that Digitus capture, collect, transmit, store, and use such content and/or data.
DISCLAIMER
THE SITE (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIGITUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, DIGITUS MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. DIGITUS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITUS OR THROUGH OR FROM THE SITE, SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. DIGITUS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE, SERVICES OR SOFTWARE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DIGITUS AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF DIGITUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF DIGITUS AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. IF ANY OF THE PROVISIONS OF THESE TERMS OF USE ARE HELD BY A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION TO BE VOID OR UNENFORCEABLE, SUCH PROVISIONS SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY AND REPLACED WITH A VALID PROVISION THAT BEST EMBODIES THE INTENT OF THESE TERMS OF USE, SO THAT THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT.
INDEMNITY
You agree to defend, indemnify and hold Digitus and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.
TERMINATION
Digitus has the right, but not the obligation, to monitor any activity on the Site. Digitus may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies, to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Site; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.
GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or state courts located in or serving Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Use. You and Digitus each agree to waive any right to a jury trial.
You and Digitus each agree that any claim or dispute against the other party in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. Any claim or cause of action You may have arising out of or relating to these Terms of User or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
The parties specifically exclude from application to these Terms of Use the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If you reside outside the United States, nothing in these Terms of Use shall, to the extent required by applicable law that cannot be excluded by agreement, affect any rights you may have under existing consumer protection laws, unfair competition laws or other applicable laws of the country in which you reside, including any right you have to bring a claim in the courts of your home country.
COMPLIANCE WITH LAWS
You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States or your country of residence.
GENERAL
These Terms of Use and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Use is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Use. No waiver by Digitus of any breach or default of these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use represent the complete agreement between Digitus and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between Digitus and you.
COPYRIGHT & TRADEMARK INFRINGEMENT REPORTING PROCEDURES
Digitus’s policy is to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act and to respond to allegations of trademark infringement in accordance with our trademark policy.
CONTACT INFORMATION
If you have any questions regarding these Terms of Use, please contact Digitus Solutions LLC at www.digitussolutions.net