Terms & Conditions
www.OurHometownDeal.com (the “Site”) is the website operated by Embassy Group, Inc. dba Our Hometown Deal (hereinafter “OHD”). By using this Site, User agrees to comply with all of the terms and conditions hereof. Subject to full compliance with the Terms, OHD may offer to provide certain services and content, as described more fully on the Site. By placing an order on the Site, you make an offer to OHD to purchase the voucher you have selected (the “Voucher”) on the terms and conditions stated below. OHD may change, suspend or discontinue the Site including any content for any reason, at any time. OHD may also impose limits on certain features and services or restrict your access to any/all of the Site without notice or liability.
How Our Hometown Deal Works
OHD works with local businesses (“Businesses” or “Business”) to provide Users with the opportunity to purchase vouchers (“Vouchers”) that give you a discount on the purchase of goods and/or services at their Business. Amount paid for a Voucher is “Payment” and the amount that the Voucher is worth is “Value”.
We send an email to our subscribers featuring the Business’s Hometown Deal of the Day. If you want to purchase a Voucher, you log into your account and make the purchase. Within 1 day of the deal closing time, we will send you a Voucher with corresponding Voucher # to present to the Business.
Businesses may impose their own terms and conditions on the use and/or redemption of any Voucher. Except as otherwise stated of the Voucher or required by law, the following terms and conditions apply to all Vouchers from all Businesses:
- OHD or Business will not be responsible for lost or stolen Vouchers or reference numbers.
- Vouchers cannot be duplicated or copied. Any such duplicates/copies are null and void.
- Use of Vouchers for alcoholic beverages is at the Business’s discretion.
- No refunds, cash back, or credit will be issued for the difference between the Value of the Voucher and the Payment or for partially used Vouchers.
- Vouchers cannot be combined with any other coupons, discounts or promotions.
- If expiration is stated, then the Value expires on the expiration date.
- Vouchers cannot be used for taxes, tips, shipping/handling or prior balances.
- Only one Voucher can be used per order unless otherwise stated by the Business.
The Business is the issuer of the Voucher and is the seller of the goods and services to which Voucher pertains. Therefore, Business is solely responsible for any injuries, damages, costs, claims and liabilities arising relating to Business’ good/services. Business must comply with the terms of the Vouchers.
You will create a password and account during the registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify OHD of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. OHD cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete or OHD has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OHD has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you are using this Site, you represent and acknowledge that you are at least 18 years old.
OHD reserves the right to modify or discontinue any aspect of the Site with or without notice. You acknowledge that events beyond the control of OHD or interruption of service may occur. OHD will not be responsible for any lost data. You further accept that access to the Site may be interrupted, terminated or suspended from time to time. The Site and all services provided thereon are provided “as-is” and OHD doesn’t assume responsibility for deletion, timeliness, mis-delivery or failure to sort any user setting or communications.
End User Conduct
This site and respective links contained within our Site are private property. All interaction on Site must comply with these Terms. In any interactions concerning this Site through postings, sharing content, etc, Users must not use any of the following types of content:
- Content transmitting corrupted files, viruses or similar,
- Content exploiting children or minors,
- Pornographic, sexually explicit or obscene content,
- Trademarks or copyrighted material used without permission of the owner,
- Content disclosing personal information about a person,
- Content that could be considered posted for malevolent purposes,
- Content offensive to the site community such as expressions of profanity, racism, bigotry, etc.,
- Content promoting information about illegal/illicit activities,
- Solicitation, promotions, advertisements to sell good/services for commercial purposes unless you have OHD’s written consent.
OHD monitors content on the Site and we maintain the sole right but not the obligation to remove any content that doesn’t meet OHD standards at our discretion. However, be advised, by using the Site, you may be exposed to content that you may find objectionable.
OHD uses a referral program for users who have a complete and valid account. $10 in referral credits will be applied to your account each time a first time buyer clicks through to the site directly through your personal referral link and purchases during the same visit. Referral credits are not payable for purchases made by people who have previously bought under a different email address or name or account. Referral credits will remain on your account for 12 months. After that period, credits will be expired and removed from your account.
OHD trademarks and service marks, and other OHD logos and product and service names are owned by and are the exclusive property of OHD. These may not be used without the prior written consent of OHD.
No Resale of Site
You agree not to duplicate, sell, copy, resell or exploit for any commercial purposes, any portion of the services provided on the Site, use of the Site, or access to the Site, other than as provided within the scope of these Terms.
OHD may terminate this Agreement at any time. OHD shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which OHD, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
You acknowledge that the Site and its content contain confidential and proprietary information protected by trademarks, copyrights or other proprietary laws and rights. You agree not to copy or create derivative works based on the site or its content. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that OHD will not be liable for any errors or omissions in any content. You understand that OHD cannot guarantee the identity of any other users with whom you may interact in the course of using the Site.
Third Party Content
OHD is a distributor (and not a publisher) of content supplied by third parties and Users. Any content expressed or made available by third parties, including the businesses offering deals through the Site, information providers, or any other Users are those of the respective author(s) or distributor(s) and not of OHD. Neither OHD 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. OHD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on OHD by anyone other than authorized OHD employee spokespersons while acting in official capacities. In particular OHD is not responsible for the accuracy of the information and descriptions provided by the businesses offering the deals on the Site. Under no circumstances will OHD be liable for any loss or damage caused by User’s reliance on information obtained through OHD.
OHD contains links to third party Web sites. These links are provided as a convenience to you and not as an endorsement by OHD of the contents on such third-party sites. OHD disclaims representations regarding the content or accuracy of materials on such third-party Web sites. If User decides to access linked third-party Web sites, User does so at its own risk. You may not provide a hyperlink to the Site from any other website without consent from OHD. OHD reserves the right to revoke consent to any link at any time at our sole discretion.
Compliance with Laws
You agree to indemnify, defend and hold harmless OHD, its directors, officers, employees and agents from an against any and all demands, claims, causes of action, or liabilities and expenses, including reasonable attorney’s fees, to the extent arising out of your use or connection to the Site, your violation of the Terms, information you submit or make available through the Site.
- Choice of Law. The Terms and the provision of services to you are governed by the laws of the State of Texas, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Texas by Texas residents.
- Arbitration. Any controversy or claim arising out of or relating to the Terms or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tarrant County, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and OHD agree to submit to the personal jurisdiction of the federal and state courts located within Tarrant County, Texas. Either you or OHD may seek any interim or preliminary relief from a court of competent jurisdiction in Tarrant County, Texas necessary to protect the rights or property of you or OHD (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
- Invalid Provisions. The failure of OHD to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Term is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Notices. Notices to you may be made via email or regular mail. Our mailing address is Our Hometown Deal, P. O. Box 93562, Southlake, TX 76092.
- Attorneys’ Fees. In the event any legal action or proceeding is instituted to construe, interpret, enforce or avoid these Terms, the finally prevailing party shall be entitled to recover, in addition to all other available remedies, all costs and reasonable attorneys’ fees and costs, which may be determined in principal action or in a later action brought for that purpose.
If any provision of this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
Disclaimer of Warranties
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OHD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE SITE, ANY CONTENT ON THE SITE, AND THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS TERMS SECTION MAY NOT APPLY TO YOU.
Please report any violations of the Terms to [email protected]
Date Last Modified: 2/23/11