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Terms and conditions

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (Bellamara LLC dba "LKNSavings.com”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Service” or “Agreement”), please refrain from using the Site.

Our Services

LKNSavings.com is an online information provider that features a community events calendar and highlights coupons, sales, discounts, events and promotions offered by local businesses (the "Services") through our website located at http://www.LKNSavings.com and other online areas owned or operated by us, such as our RSS Feed, Facebook, Twitter, YouTube and Email Newsletter applications (the "Site"). The Services also include the opportunity for you to purchase special Deals (as described below) for the products and services of third party merchants. The Services and Site are collectively referred to here as "LKNSavings.com."

Conditional Use Terms

Your permission to use LKNSavings.com is conditioned upon your agreement that you:

• are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site. You must be 18 years old or older to purchase a Deal
• will comply with these Terms of Service;
• will provide accurate information when registering for our Services, including information to purchase a deal or subscribe to our Newsletter and other services;
• agree that although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of LKNSavings.com, and LKNSavings.com shall not be responsible for any data lost while transmitting information on the Internet. While it is LKNSavings.com’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.

Security and Privacy

Credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the LKNSavings.com Merchant for their commercial purposes including to provision the Deal.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at http://lknsavings.com/privacy_statement.htm.

“Deal of the Day” Specific Terms

LKNSavings.com provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotional in order to reach LKNSavings.com end users.

Purchasing a Deal

By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card or Pay Pal account will be charged for the amount of the Deal. NOTE: IF YOU DO NOT RECEIVE A CONFIRMATION EMAIL, IT MOST LIKELY MEANS THAT YOUR PURCHASE DID NOT GO THROUGH. PLEASE CONTACT US AT LKN@LKNSAVINGS.COM IMMEDIATELY so that we can look into the problem. Within 2 business days, you will receive a Voucher via email that can be used to obtain the Deal from the issuing Merchant with the terms, restrictions and conditions associated with the Deal.

Expiration Dates

The expiration date for a Voucher is as printed on the Voucher.

All Merchants offering Deals through LKNSavings.com are located in the State of North Carolina, and North Carolina law regarding expiration dates applies. All Vouchers shall expire as of the expiration date printed on the Voucher. The Merchant is obligated to honor the Voucher in compliance with law.

Deal Specific Terms

Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

Other Terms

Unless otherwise stated in the Voucher, the following additional terms apply to all Vouchers:

• no cash value for any Voucher,
• no cash back will be issued for partial redemption of a Voucher,
• the issuing of credit when Vouchers are redeemed for less than the face value is at the sole discretion of the Merchant,
• use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant, unless otherwise noted on the Voucher,
• Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
• neither LKNSavings.com nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers,
• duplicate use, sale or trade of a Voucher is prohibited,
• unless otherwise stated at the time a Voucher is purchased, 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.

Merchant Responsibility

LKNSavings.com markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible 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 or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.

Refunds

LKNSavings.com will provide a refund of the purchase price paid by you for any Deal within 3 calendar days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After 3 days, we do not provide refunds.

Rules Regarding Information and Other Content

When you use the Site, you can obtain access to various kinds of information and materials, all of which we call "Content." You agree not use any Content in any manner that:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
• violates the privacy, publicity, or other rights of third parties,
• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by LKNSavings.com in its sole discretion,
• is false or inaccurate, or
• could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

You may use the Site and Services at your own risk. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.

Equipment

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. LKNSavings.com shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

General Rules of User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:

• conduct or promote any illegal activities while using the Site or Services;
• upload, distribute or print anything that may be harmful to minors;
• attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Site or Services to generate unsolicited email advertisements or spam;
• use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
• impersonate another user.

Links to Third Party Content

LKNSavings.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, LKNSavings.com has no editorial control over such content. 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 LKNSavings.com. LKNSavings.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on LKNSavings.com by anyone other than authorized LKNSavings.com officials. Under no circumstances will LKNSavings.com be liable for any loss or damage caused by an end user’s reliance on information obtained through LKNSavings.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through LKNSavings.com.

We don't have control over websites that LKNSavings.com may link to. Additionally, we cannot and will not censor or edit the content of any third party site. By using LKNSavings.com you expressly relieve us from any and all liability arising from your use of any third party website. There maybe sections on the LKNSavings.com web site that are hosted by various partners of LKNSavings.com. Some of these partners may maintain the look and feel of our web site or a segment of our web site, and sometimes it may not be evident when a user is on one of these sections. These pages are governed by the partner's privacy policy and terms and conditions of use.

Termination

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 Site 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.

Disclaimers of Warranty

We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT LKNSAVINGS.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LKNSAVINGS.COM, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN LKNSAVINGS.COM REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

Limitations of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF LKNSAVINGS.COM. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS SIX-MONTH PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless LKNSavings.com, 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 fees) arising from: (i) your use of and access to LKNSavings.com; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of LKNSavings.com.

Monitoring & Reservation of Rights and Release

LKNSavings.com shall have the right, but not the obligation, to monitor the content of the Site, including any forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by LKNSavings.com as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, LKNSavings.com shall have the right, but not the obligation, to remove any material that LKNSavings.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

LKNSavings.com reserves the right, but has no obligation, to monitor, or take any action LKNSavings.com deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such 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."

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “LKNSavings” is our trademark. Other product and company names that are mentioned on the Site 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 this Agreement. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR WITHOUT THE EXPRESS WRITTEN PERMISSION OF LKNSAVINGS.COM IS STRICTLY PROHIBITED.

Electronic Communications

The communications between you and LKNSavings.com use electronic means, whether you visit the Site or send us emails, or whether LKNSavings.com posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from LKNSavings.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LKNSavings.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Entire Agreement, Changes to this Agreement and Waivers

These Terms of Service, together with the Privacy Policy at http://lknsavings.com/privacy_statement.html and any other legal notices published by LKNSavings.com on the Site or any Deal Voucher, shall constitute the entire agreement between you and LKNSavings.com concerning LKNSavings.com. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of LKNSavings.com’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an owner of LKNSavings.com. No purported waiver or modification of this Agreement by LKNSavings.com via telephonic or email communications shall be valid.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. 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 LKNSAVINGS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LKNSAVINGS.COM MUST COMMENCE WITHIN SIX MONTHS 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 in the Conditional Use Terms, 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 LKNSavings.com.

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.