Deals and Vouchers
This website allows you to, among other things, purchase group promotions at discounted prices for redemption at participating merchants near you. We call these promotions “Deals.” You will receive a voucher for any Deals that you purchase (a “Voucher”). The Voucher will represent: (i) a paid portion equal to the amount you are charged for it (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion"). If you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.
You may keep your Vouchers for yourself or give them to someone else to use, but if you purchase multiple Vouchers for the purpose of reselling them, we may restrict you from purchasing future offers.
General Restrictions and Limitations
Opportunities to purchase Deals, and to redeem the associated Vouchers, are available for a limited time only. The deadline for your purchase will be indicated on our site, and the expiration date of a Voucher will be indicated on the Voucher itself.
While the expiration date on a Voucher dictates the last date that you can use the Voucher, applicable law may provide that the participating merchant is responsible for honoring the paid portion of the Voucher for a period of time beyond the expiration date. For example, if you paid $20 for a Voucher that gives you $50 of value to spend at the participating merchant, the merchant may be required by law to allow you to redeem the Voucher at a value of $20 (which is the paid portion of the Voucher) even after the stated expiration date has passed. If you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the applicable merchant. If you have contacted the merchant and the merchant has refused to allow you to redeem the paid value of your expired Voucher, and if applicable law entitles you to such redemption, please contact us by mail or email and explain your situation and we will provide you with cash or a site credit equal to the unused paid portion of the Voucher.
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. If you redeem a Voucher for less than its paid value, you may be entitled under applicable law to a credit or cash from the participating merchant equal to the difference between the paid value and the amount redeemed, depending on the laws of your jurisdiction. If you redeem a Voucher for more than the paid value but less than the face value (i.e. the paid value and promotional portion), then you will only be entitled to a credit or cash from the merchant if required by applicable law.
Vouchers cannot be combined with other offers unless otherwise specified by the participating merchant.
For Florida residents purchasing Deals 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.
Terms Specific to Restaurant Vouchers
For Vouchers that are redeemable at restaurants: (i) redemption frequency is determined by the restaurant; (ii) use of the Vouchers for alcoholic beverages is at the sole discretion of the restaurant and is subject to compliance with applicable law; (iii) the Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the restaurant; and (iv) the Vouchers are valid for dine-in only unless otherwise stated.
Terms Specific to Non-Restaurant Vouchers
For Vouchers that are redeemable at merchants other than restaurants: (i) the Vouchers may be applied only to merchandise sold by the participating merchant, and may not be applied to shipping or handling charges; (ii) only one Voucher may be used per visit / per redemption unless otherwise specified by participating merchant.
Lost or Stolen Vouchers
Neither we nor any participating merchant will be responsible for lost or stolen Vouchers.
Fraudulent Use Prohibited
In some cases a Deal may contain a restriction that prohibits you from making multiple purchases of the same Deal. If you attempt to purchase more than the permitted number by using multiple or different identities, payment forms or other means, your purchase will be void. We will determine in our sole discretion whether purchase characteristics indicate a violation of such restrictions.
We may offer you free promotional credits (“ClickedIn Cash”) that you can use to purchase Vouchers on our site. In some cases, we will issue ClickedIn Cash to you when you do certain things, such as refer your friends to us. Your ClickedIn Cash will expire 36 months after it is issued to you, unless a different expiration period is stated when the ClickedIn Cash is offered or issued to you, and except as otherwise required by applicable law. To find out how much ClickedIn Cash is in your account, log into the “My Account” section on the ClickedIn homepage and check your account information. ClickedIn Cash is not transferrable. ClickedIn Cash can not be redeemed for cash, and you will lose your ClickedIn Cash if your account is terminated or we discontinue making Deals available.
We may make available coupons on our website that can be used at merchants near you (“Coupons”). To use them, you may either print them out or send them to your mobile device by following the instructions that we present to you with the Coupon. Coupons have their own terms and conditions, such as expiration dates, which are presented to you with the Coupon. We are not responsible for Coupons, or for their compliance with applicable laws, or for making sure that they are honored by merchants. We provide you with access to them free of charge, with no guarantees. Neither we nor any merchant will be responsible for lost or stolen Coupons, although you may be able to access them again on our website if they are still available.
We may publish on this site information about events in your area that you may desire to attend. In some cases, the venue hosting an event may offer an incentive for you to attend, such as a free product or service (a “Promotion”). We are not responsible for these offers, or for making sure that they are honored by the venues that offer them. We provide you with access to them free of charge, with no guarantees.
Merchant Solely Responsible for Redemption
Our participating merchants provide the Deals, Vouchers, Coupons and Promotions that are available on this website, and provide any goods and services that you choose to obtain using such offers. Although we make such Deals, Coupons and Promotions available via this site, we are not endorsing them, and it is the responsibility of the participating merchant, not us, to honor them.
If you experience a problem redeeming a Voucher, Coupon or Promotion that you obtained via our site, or if you suffer harm as a result of a product or service that you have purchased from a participating merchant, please contact that merchant directly. The participating merchant, and not ClickedIn.com, is responsible for any injuries, illnesses, damages, claims, liabilities and costs suffered by you in relation to that merchant or the product or services that you have purchased, including any unclaimed property or refund rights that may be available to you under applicable law.
YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH MERCHANTS AND OTHER USERS VIA OUR SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, AND RELEASE US AND OUR AFFILIATES, AND OUR AND OUR AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM, ANY AND ALL CLAIMS, LIABILITIES, LOSSES AND/OR DAMAGES (INCLUDING PERSONAL INJURIES AND/OR DEATH) ARISING FROM OR RELATED TO (I) THE DEALS, VOUCHERS, COUPONS AND/OR PROMOTIONS MADE AVAILABLE VIA THIS SITE, (II) ANY ACT OR OMMISSION, OR ACTION OR INACTION, OF A SITE USER OR A PARTICIPATING MERCHANT (INCLUDING A MERCHANT’S FAILURE TO ABIDE BY THE TERMS OF A VOUCHER, COUPON OR PROMOTION), (III) ANY PRODUCT(S) OR SERVICE(S) OF A PARTICIPATING MERCHANT, AND/OR (IV) A PARTICIPATING MERCHANT’S COMPLIANCE WITH, OR FAILURE TO COMPLY WITH, APPLICABLE LAW (INCLUDING ANY CLAIMS RELATING TO compliance with applicable unclaimed property laws or other laws relating to the redemption of Vouchers, COUPONS, PROMOTIONS or any portion thereof).
You understand and agree that the release set forth above extends to any and all claims related to the matters described above, of every nature and kind, whether such claims are known or unknown, or suspected or unsuspected, and you agree that any and all rights under Section 1542 of the California Civil Code ("Section 1542") within the scope of this release set forth above are expressly waived. You acknowledge that you have read Section 1542, which provides as follows: “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.”
If you have a complaint about a participating merchant, let us know by sending an email to firstname.lastname@example.org.
You are required to create an account in order to take advantage of the offers on our site. You agree to provide true, accurate, current and complete information about yourself as prompted by the site's account registration form, and you are responsible for keeping your account information up-to-date (this includes your contact information, so that we can reliably contact you). Your registration, profile and account information must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when this site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. If you think your password or account has been used by an unauthorized person, let us know by emailing us at email@example.com, and change your password immediately. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Contests and Sweepstakes
Rules of Conduct
There are a few rules of conduct that you are required to follow when you use this website:
- Do not “harvest” (or collect) information from the site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the site and information about the offerings, products, services and promotions available on the site.
- Do not use automated means to access the site, or gain unauthorized access to the site or to any account or computer system connected to the site.
- Do not obtain, or attempt to obtain, access to areas of the site or our systems that are not intended for access by you.
- Do not “flood” the site with requests or otherwise overburden, disrupt or harm the site or its systems.
- Do not circumvent or reverse engineer the site or its systems.
- Do not restrict or inhibit another user or users from using and enjoying this site.
- If you post something to this site, such as comments or other content, do not post anything that:
- infringes any third party intellectual property right (such as copyrights),
- is defamatory (i.e., something that is negative and untrue about another person or entity),
- divulges another person’s or entity’s confidential or private information or trade secret,
- is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
- encourages criminal conduct,
- advertises or solicits business for products or services other than those that are offered and promoted on this site, or
- contains any virus, malware, spyware or other harmful content or code.
You also must comply with all applicable laws and contractual obligations when you use this site.
Ownership of Site Content and Submissions
We or our licensors or partners own the intellectual property rights in the content and materials displayed on this website. You may use this site (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes.
If you submit or post any materials or content to this site, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sublicensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the site is original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
Responsibility for Public Postings
Responsibility for what is posted in public areas of our website lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of our site. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so.
The communications between you and us via this site use electronic means, whether you visit this site or send us an email, or whether we post notices on this site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide 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.
Copyright Infringement Notices
Changes to This Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this site or any portion of this site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We welcome links to this site so long as: (i) this site opens in a new browser window which displays the full version of a page of this site (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on this site), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this site; and (iii) this site is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on this site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this site upon notice. If you receive such a notice from us, you agree to discontinue your link to the site.
We control and operate this website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this site are appropriate or available for use in other locations. If you choose to access this site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Applicable Law; No Waiver; Severability
Unless you opt out, you are agreeing to resolve certain disputes through arbitration.
- Our goal is to resolve Disputes fairly and quickly. (A “Dispute” means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us.) However, if we cannot resolve a Dispute with you, then, except as described elsewhere below, each of us agrees to submit the Dispute to the American Arbitration Association for resolution under its Commercial Arbitration Rules or, by separate mutual agreement, to another arbitration institution. As an alternative, you may bring your claim in your local “small claims” court, if its rules permit it.
- You may bring claims only on your own behalf, and not on behalf of any official or other person, or any class of people. Only claims for money damages may be submitted to arbitration; claims for injunctive orders or similar relief must be brought in a court. You may not combine a claim that is subject to arbitration under these terms and conditions with a claim that is not eligible for arbitration under these terms and conditions. The arbitrator will decide whether a dispute can be arbitrated.
- The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or we request one. Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institution that rendered the original award. Any such appeal must be filed within 30 days and the appeal will be decided, based on that institution’s appeal rules, within 120 days of filing.
- Before you initiate an arbitration proceeding, you may request that we advance on your behalf (1) the arbitration filing fees (but only to the extent they exceed your local small claims court filing fees) and (2) the portion of the arbitrator’s costs for which you would normally be responsible. If we win the arbitration, you will reimburse us for these advances. We will, of course, pay any fees or costs required under the law where you live.
- You may opt out of this arbitration provision. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use one of these addresses to opt out:
Time Warner Cable
Attn: Director, Compliance and Legal Affairs
60 Columbus Circle, Rm 16-329
New York, NY 10023
Attn: Arbitration Opt-out
You must include your name, address, the URL of this arbitration provision, and a clear statement that you wish to opt out of this arbitration provision in these terms and conditions.
Disclaimer of Warranties
WE PROVIDE THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
- THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS,
- THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
- THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
- THAT INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS SITE WILL BE RETREIVABLE (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
- THAT THE SITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY DEALS, VOUCHERS, COUPONS, PROMOTIONS, PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS SITE. ANY DEALS, VOUCHERS, COUPONS, PROMOTIONS, PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS SITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY MERCHANT OR SUPPLIER.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND PARTICIPATING MERCHANTS.
Limitations of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE LIABILITY OF US AND OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, FOR DIRECT DAMAGES FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THIS SITE WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO CLICKEDIN.COM IN CONJUNCTION WITH THE DEAL OR OFFER UNDER WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Last Updated: JUNE, 2011