Please read this in its entirety before using this site and/or making a purchase.
B. Option to Decline: IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, YOU MUST NOT PROCEED FURTHER ON THIS SITE, DO NOT CLICK A BUTTON OR CHECKMARK NOTING YOUR ACCEPTANCE OR AGREEMENT TO SUCH TERMS AND CONDITIONS, AND YOU MUST NOT USE THIS SITE OR MAKE ANY PURCHASE.
As used herein:
This “Website” is one of the "Dining Deals/Fun Deals Sites" owned and operated by Blu Water Ventures, LLC. As such, this Website provides an interactive promotional online service and website on the Internet, consisting of content, promotional information and transaction capabilities provided by BWV, to purchase dining and/or entertainment Deals, and/or other products and services, made available by Merchants contracting with BWV.
“Deal” shall refer to a deal displayed on the Website for end users of the Website to purchase. A Deal may be: 1) a voucher to be redeemed to receive a discount off of the full price of a meal, entertainment, or other product/service, 2) a voucher of a certain value to be applied toward the purchase of a meal, entertainment, or other product/service, 3) a unique (or uniquely bundled) offering, or 4) other product/service that BWV feels its users would be interested in purchasing.
“Merchants” shall refer to parties making Deals available through the Website, and include restaurants, entertainment venue providers, and other providers of products and services.
III. FULFILLMENT/REDEMPTION PROCESS
All fulfillment procedures and requirements must be read in conjunction with the next Section IV, “Conditions for Purchase of Deal Vouchers/Validation Codes,” which is incorporated herein by reference.
- A. Acquisition and Use of Validation Code
Every customer order generates a Validation Code as a result of the order. The Validation Code is necessary for redemption of the Deal Voucher. The customer may provide the Validation Code to the Restaurant, Entertainment Venue, or Online Merchant via the following methods unless otherwise specified in the Specific Terms: presenting a printed Deal Voucher, showing a display of an iPhone or other phone showing email confirmation and Validation Code, and/or by identifying the Validation Code orally or in writing.
- B. Checking the Status of Your Account
Customers may check the status of their accounts by registering and logging in online and providing the requested identifying information as well as the Validation Code(s). This will allow them to see whether and which Validation Codes they purchased have not yet been redeemed. In the alternative or in addition, BWV may provide a mechanism for accessing this information by telephone, texting, or by other means, at its option.
IV. CONDITIONS FOR PURCHASE OF DEAL VOUCHERS/VALIDATION CODES
C. Deal Pricing and Availability. BWV does not guarantee availability or exclusivity of deals or Deal Vouchers/Validation Codes on our Website, and reserves the right to modify or discontinue deals and/or offerings at any time, or to add fees at any time. All deals are subject to change, and pricing and participation of Restaurants, Entertainment Venues, and Online Merchants may vary. Limited quantities of certain Deal Vouchers/Validation Codes may be available and any offers are good only while supplies on the Website, or through any third party, last.
D. Use of Deal Vouchers/Validation Codes.
1. All Deal Vouchers/Validation Codes are subject to the following additional terms and conditions, as well as any conditions listed under “Specific Terms” on the Deal Voucher itself. The “Specific Terms” are listed prior to or at time of purchase on the individual microsites, transaction pages, description of Deal pages, and/or through a link to the Merchant sites. In the event of a conflict between the terms listed in this Section, and a Specific Term on a Deal Voucher, the Specific Term controls. Please review both these terms and the Specific Terms prior to purchase.
Unless otherwise specified on the Deal Voucher:
- Only one (1) Restaurant Deal Voucher/Validation Code may be redeemed per party, per month, per restaurant, even if the party is seated at separate tables and/or receives more than one check, unless otherwise expressly stated in the Deal Voucher.
- Only one (1) Entertainment Venue Deal Voucher/Validation Code may be redeemed per party, per month, per venue visit, even if all members of the party are not participating together in the entertainment activity.
- At restaurants, a 15%-20% gratuity based on the original (nondiscounted) value of the deal (meal or other offering by the restaurant) is automatically added to the check, the exact percentage being at the discretion of the Restaurant.
- At restaurants, the voucher/code is valid for dine-in only unless otherwise stated.
- At restaurants/entertainment venues, the Deal Voucher/Validation Code is not valid for purchase of merchandise/other services.
- The Validation Code must be presented to the Restaurant/Merchant prior to the meal/entertainment activity/service commencing and/or product being provided by Restaurant/Merchant, in accordance with one of the permitted methods set forth in Section III (A), above.
- For purchases through Online Merchants, only one (1) Deal Voucher/Validation Code may be redeemed per order, unless otherwise expressly authorized.
- For purchases through Online Merchants, unless otherwise stated, may only be redeemed at the Online Merchant’s website.
- No Deal Vouchers/Validation Codes are valid for taxes, tips, merchandise or prior balances.
- Cannot be combined with any other Merchant certificates or gift cards, third party certificates, Dining Deals/Fun Deals Deal Vouchers or other coupons or deals.
2. The redemption of a Restaurant/Entertainment Venue Deal Voucher/Validation Code may require additional consideration paid to the Merchant.
3. Neither BWV nor the Merchant is responsible for lost or stolen Deal Vouchers or validation codes.
4. The issuing of credit is at the sole discretion of the Merchant, unless prohibited/required by law.
5. The Merchant is solely responsible for complying with all state and local laws pertaining to the distribution and sale of alcoholic beverages and for all liability for the sale/distribution of alcohol, and you agree not to hold BWV responsible for same.
6. Shipping and/or handling charges are at the discretion of Merchants where products or other items (e.g., tickets) need to be shipped, and the Customer is responsible for checking these prior to finalizing the purchase. If they are deemed excessive by or otherwise objectionable to you and you wish not to place the order, you need to refrain from finalizing the order. The customer is encouraged to report excessive shipping/handling/gratuity, etc. charges to BWV as soon as possible, so that we can determine our options especially with respect to continuing to display such Deal.
7. By purchasing a Deal Voucher, a customer acquires the right to print or access a Validation Code, issued for use at one of the participating Restaurants/Entertainment Venues and Online Merchants. Upon completion of such purchase, the customer acquires that right and has that right delivered to him or her.
8. Deal Vouchers/Validation Codes have no inherent value other than providing the specific discount or deal purchased by the Customer, and may not be redeemed for cash or substitute goods/services. Deal Vouchers/Validation Codes are redeemable in their entirety only and may not be redeemed incrementally. That is, no balance will remain on a voucher nor shall another voucher/code be issued in the event only part of the value of the Deal Voucher is used. The Deal Vouchers/Validation Codes are only valid for a single use. If the customer does not use the full value of the Voucher, then the remaining portion is surrendered. They are not reusable.
9. Vouchers are not transferable, except where expressly permitted to give as a gift. Gift recipient names may be required by us at any time. Customer agrees not to sell, barter, or otherwise provide or make available Vouchers or Codes to others. The reproduction, resale, modification, or trade of a Deal Voucher or Validation Code is prohibited. Use of a Deal Voucher or Validation Code that has not been purchased from BWV for agreed-upon consideration is prohibited, as is re-use or distribution of a Deal Voucher or Validation Code that was so purchased. If you purchase a Deal Voucher/Validation Code, you must use it yourself or give it as a gift for no consideration (i.e., no money, no services, no trade of any kind) and provide the voucher and/or code to your recipient without disclosing the code or voucher to others or making it accessible to them. If you receive and use a Deal Voucher/Validation Code, you must not have paid or provided any consideration to anyone for same, other than BWV, and you must use it yourself and not disclose or make accessible the voucher/code to any third party. Any attempted redemption that violates these Terms & Conditions may render the Deal Voucher and Validation Code void.
10. The Merchants make available to Customer the Deals that become the subject of Deal Vouchers and Validation Codes, and therefore the applicable Merchant is responsible for the fulfillment of the deal and any discount offering, rather than BWV. As the Deals are made available by the Restaurants, Entertainment Venues, and Online Merchants, they (and not BWV) 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 restaurant or the Online Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers.
E. Survey. The customer is automatically emailed or texted a survey, upon redemption of the Validation Code. Results and information provided in survey responses may be shared with third parties, including but not limited to participating Restaurants, Entertainment Venues, and Online Merchants.
V. CONDITIONS FOR USE of WEBSITE
B. Changes to Site. BWV shall have the right at any time to change or discontinue any aspect or feature of the Dining Deals and/or Fun Deals Sites, including, but not limited to, Deals, Merchants making Deals available, validation/redemption process, reservations capability, transaction process/capability, content, hours of availability and equipment needed for access or use. Further, BWV may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
C. Equipment and Expenses. End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. BWV shall not be liable for any damages to the End User's equipment resulting from the use of this Website. End User agrees to be responsible for any charges incurred in accessing the Website, texting, phone charges, etc., even if BWV does not warn End User that such fees/expenses will be incurred.
E. Copyright and Trademarks. Everything located on or in this Website, including the Microsites, is the exclusive property of BWV or is used with express permission of the copyright and/or trademark owner, or is used as otherwise permitted by law. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BWV IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Website are protected by copyright as a collective work under the United States copyright laws. BWV owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of BWV and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
This Website, Blu Water Ventures, The Dining Deals and Fun Deals Sites, the names of each of the websites, and any and all logos are trademarks of Blu Water Ventures, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website (such as restaurants, entertainment venues, and Online Merchants) are the property of their respective owners and are not to be used by End User or others without prior written permission of the owner.
End User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. BWV does not have any responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, End User warrants that the owner of such material has expressly granted BWV the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants BWV the right to edit, copy, publish and distribute any material made available on this Website by End User.
F. Disclaimer of Warranty; Limitation of Liability. END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND THE MICROSITES AND ANY SITES LINKED TO IS AT END USER'S SOLE RISK. BWV DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MICROSITES OR SITES LINKED TO.
THIS WEBSITE AND THE MICROSITES, DEAL VOUCHERS AND VALIDATION CODES, AND THE GOODS AND SERVICES UNDERLYING THEM, ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT BWV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL BWV, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY PURCHASES OR ATTEMPTED PURCHASES THROUGH THIS WEBSITE, AND/OR REDEMPTION OR FAILURE THEREOF. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, BWV SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
BWV SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
BWV IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY BWV. MOREOVER, BWV RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, BWV, DEEMS UNSUITABLE.
G. Monitoring. BWV shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms, forums, surveys, posts, comments, etc. that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by BWV, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, BWV shall have the right to remove any material that BWV, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable in its sole discretion.
I. License Grant. By posting communications on or through this Website, End User shall be deemed to have granted to BWV a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
J. Indemnification. You agree that to the fullest extent permitted by law You shall defend, indemnify and hold harmless BWV from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys’ fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), Your use of this Website, and/or Your purchase or use of anything available through BWV, the Dining Deals and/or Fun Deals Sites, and/or this Website (including, but not limited to, the purchase of the right to print a Deal voucher), provided that such claim, damage, loss, cost, or expense is not caused by the sole negligence or fault of BWV.
K. Termination. BWV may terminate this Agreement at any time, immediately upon sending notice to you at any of your registered account contact information addresses, phone numbers, and/or fax numbers. Without limiting the foregoing, BWV shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which BWV, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections II and V (E),(F),(H),(I),(J),(K),(N),(O) and (P) shall survive termination of this Agreement.
L. Children and Privacy. Minors under the age of 13 may not use the Website. Only adults ages 18 or older are permitted to make a purchase through the Website, including a reservation hold that requires a credit card.
M. Third Party Content. BWV, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, BWV has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Restaurants, Entertainment Venues, Online Merchants, or any other end users are those of the respective author(s) or distributors) and not of BWV. Neither BWV nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (See above the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with BWV. BWV neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized BWV employee spokespersons while acting in official capacities. Under no circumstances will BWV be liable for any loss or damage caused by End User's reliance on information obtained through the Website. 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 the Website.
The Website includes links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by BWV of the contents on such third-party websites, and BWV hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with BWV expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. BWV reserves the right to revoke its consent to any link at any time in its sole discretion.
N. Applicable Law. The Website is owned by Blu Water Ventures, a Florida LLC headquartered in Celebration, Florida. You and We agree that any and all disputes arising out of or related to this Agreement (including the performance, breach, or termination of this Agreement), Your use of the Website, and/or Your purchase or use of anything available through BWV, the Dining Deals and/or Fun Deals Sites, and/or the Website (including the purchase of the right to print a Deal voucher) shall be governed by and in accordance with the laws of the State of Florida (exclusive of its rules regarding conflict of laws).
O. Arbitration. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.