TheRightDeal

The Right Deal Website Terms and Conditions

Welcome to the website for The Right Deal, located at <www.therightdeal.com> ("Site"), provided by CAS Media, Inc. and/or its parent, affiliate and subsidiary companies (collectively, "CAS Media").  The following terms of use ("Terms") govern your use of this Site and any related websites operated by CAS Media, whether you are a casual visitor, investor or a purchaser of products or services.  By accessing, viewing, or using the content, materials, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them.  This Site must not be used by children under 13.  If you are under age 18 and over 13, you must have your parent or legal guardian's permission to use this Site and have them read and agree to these terms. You represent, acknowledge and agree that you are at least 18 years of age, or that you are the parent or legal guardian of a user that is over the age of 13.  If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately. CAS Media may suspend or terminate your ability to use the Site or any services on the Site for failure to comply with these Terms, for providing CAS Media with untrue or inaccurate information about yourself, for infringement upon CAS Media's proprietary rights, or for any other reason whatsoever or for no reason. 

1.    Purchases and Payment.
The Site allows users to purchase products and services.  In order to purchase a The Right Deal voucher (each, a "Voucher") you must first create a The Right Deal account.  Please click here after reviewing and agreeing to these Terms to create an account. http://therightdeal.com/terms.  Your account will allow you to print the Vouchers you purchase, manage your purchases and related information, and also allow us to better serve you.  By purchasing products or registering for such services from CAS Media, you represent that you are 18 years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account.
All Vouchers are discounted promotional vouchers that are being offered for sale (each, an "Offer") by individual, participating merchants ("Merchants") to be used in exchange for goods and/or services provided by such Merchants. By placing an order for a Voucher from a Merchant, you make an offer to purchase the Vouchers you have selected from the Merchant on the terms and conditions stated pursuant to the Offer and in accordance with these Terms. While CAS Media is fulfilling the sale of these Vouchers, CAS Media is neither the seller of the Voucher nor the provider of any goods and/or services received in exchange for such Voucher. The Merchant is the seller and provider of the goods and services received in exchange for the Voucher and is solely responsible for validating and redeeming any Voucher you purchase and for any customer service issues related thereto.
All conditions of each Offer are created and determined by the Merchant. Vouchers are subject to the terms and conditions of the applicable Offer, and any limitations on the use of any Voucher are determined by the Merchant in its sole discretion. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Merchant. Vouchers cannot be used for taxes, tips or prior balances, unless specifically permitted by the Merchant. All Vouchers must be used in a single visit. If the Voucher is redeemed for less than its face value, you may receive cash or credit from the Merchant equal to the remaining balance, solely in the Merchant's discretion unless otherwise required by applicable law.
Use of Vouchers is limited to 1 Voucher per person. Vouchers are single use vouchers and cannot be used more than once. Reproduced Vouchers will not be accepted if the original Voucher (or identical reproduced Voucher) has already been used. Vouchers are not replaceable if lost or stolen. Vouchers are not returnable, and all sales of Vouchers are final. Vouchers cannot be redeemed for cash except in accordance with applicable law.
Any expiration dates on any Voucher have been imposed by the Merchant. Vouchers will be subject to such expiration dates except as prohibited by applicable law. Specific state redemption and/or expiration requirements are solely the responsibility of the Merchant. The Merchant is the "holder" and "issuer" of the Voucher.
The Site may, from time to time, offer free gifts with the purchase certain products or services ("Free Gift(s)"). All conditions of each Free Gift are created and determined solely by the product company sponsoring the Free Gift ("Product Company"). The Free Gift may vary from Offer to Offer.  One Free Gift per purchase, where applicable, and while supplies last. Each Product Company is responsible for its fulfillment of your Free Gift. By accepting any Free Gift, you are entering into a direct transaction with that Product Company, and while the offer of the Free Gift may be facilitated by CAS Media, CAS Media is not a party to such transaction. You may receive your Free Gift in one of the following ways:  (a) direct shipment to you from the Product Company (following a temporary link in your Voucher which will expire); (b) receipt of a gift voucher redeemable in stores; (c) use of a promotional code provided to you by CAS Media and valid for use on the Product Company's own website for a specified amount; or (d) an e-certificate emailed to your email address as provided in you're The Right Deal account. In processing your Free Gift, certain personal information (your name, email address, and mailing address) will be provided to the Product Company in accordance with Section 2 and CAS Media's Privacy Policy.
In order to fulfill purchases from Merchants, CAS Media may use the services of third parties, including payment processors and similar vendor services. In any event, CAS Media expressly disclaims any responsibility for or related to: (a) the services provided by any such third party or any Merchant and (b) the transactions you conduct or enter into with any such third party or any Merchant. If for any reason CAS Media does not receive payment for a purchase, CAS Media may exercise its rights in law and equity, including: (x) immediately suspending or terminating your account; (y) seeking collection of the outstanding amount owed; and/or (z) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site (including any purchases or receipt of a Free Gift), including sales, use, gift, or excise taxes. Prices may vary. To the extent that CAS Media is obligated to collect such taxes, the applicable tax will be added to your account.

2.    Privacy Policy
Any personal information that you provide to CAS Media on the Site is subject to its Privacy Policy. For more information, click here to view the Privacy Policy, http://therightdeal.com/privacy which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to CAS Media via the Site or email cannot be guaranteed, including, for example, personal information such as your address or name.  Alternatively, you may contact CAS Media by regular mail at 89 Fifth Avenue, Suite 500, New York, NY 10003 or by fax at 212.352.2642.

3.    Informational Purposes Only; Permitted Uses of Site Material
No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. YOU MUST CONSULT WITH A PHYSICIAN, DOCTOR, OR HEALTH CARE PROVIDER BEFORE USING OR TAKING ANY PRODUCT OR USING ANY INFORMATION ON THIS SITE.  Without limiting anything else in these Terms or otherwise, CAS Media is not responsible for any errors or omissions in the Site or Site Material (as defined below), and CAS Media is not responsible for any errors or omissions in the Site or Site Material.  Accordingly, CAS Media authorizes the accessing, viewing, or using of the content, materials, or services available on or through this Site for personal or noncommercial purposes only in accordance with these Terms. 

4.    Proprietary Rights
As between any user and CAS Media, CAS Media owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site ("Site Material"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You may print and download portions of material from the different areas of the Site solely for your own internal, non-commercial use, provided you do not to remove or alter any copyright notice or any other proprietary notice on any Site Materials.  CAS MEDIA® is a trademark of CAS Media.  As between any user and CAS Media, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to CAS Media or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.

5.    Unauthorized Activities
You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with CAS Media; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, "spam" messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted or altering comments or opinions of other users of the Site; (e) stalking or harassing anyone; (f) posting irrelevant User Content (as defined below) or otherwise imposing an unreasonable or excessively great amount of User Content on the Site; or (g) attempting to gain unauthorized access to CAS Media's computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from CAS Media. You may not frame, capture, harvest, or collect any part of the Site or Site Materials without CAS Media's prior written consent. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to CAS Media and that in the event of such unauthorized use, CAS Media shall be entitled to an injunction in addition to any other remedies available at law or in equity.

6.    Materials Submitted to the Site
The Site allows you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other users to the Site ("User Content"). Failure to comply with these Terms, including any rules posted on the Site pertaining to User Content, may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a "bait and switch"; (e) be obscene, child pornographic, indecent, or depict animal cruelty; (f) violate any community or Internet standard; (g) introduce any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
Upon your submission of User Content or other material or information to CAS Media, you grant CAS Media a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. CAS Media may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. CAS Media shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow the Complaint Procedure in Section 14 of these Terms.

7.    Third Party Web Sites and Content 
Parties other than CAS Media may provide content on the Site. Additionally, the Site contains links to other websites for the convenience of users. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. CAS Media does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties' websites is at your own risk, and subject to the terms and conditions of such other websites. CAS Media does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.

8.    Disclaimer
CAS MEDIA OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS SITE, THE MATERIALS OR INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BEFORE ADHERING TO ANY OF RECOMMENDATIONS OR UNDERTAKING ANY PROGRAM, YOU SHOULD CONSULT YOUR PHYSICIAN.
IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION CAS MEDIA MAY PROVIDE YOU OR THAT YOU HAVE READ ON THIS SITE.  DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT IS PROVIDED BY CAS MEDIA.
CAS Media, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within the Site. CAS Media reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. CAS Media cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, filter, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Material or User Content and that you may not rely on such Site Material or User Content.
THE SITE, THE VOUCHERS, THE OFFERS, THE FREE GIFTS, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
CAS MEDIA AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE VOUCHERS, THE OFFERS, THE FREE GIFTS, THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL VOUCHERS, OFFERS, FREE GIFTS, USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
Reference in this web site to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name, including any Product Company, is for the information and convenience of the user, and does not constitute an endorsement or recommendation by CAS Media.

9.    Liability
CAS MEDIA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY INJURY, LOSS, CLAIM, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE VOUCHERS, THE OFFERS, THE FREE GIFTS, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CAS MEDIA HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CAS MEDIA AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE VOUCHERS, THE OFFERS, THE FREE GIFTS, THE SITE, THE USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR ANY SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CAS MEDIA AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10) AND SHALL OTHERWISE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  If you are dissatisfied with the Site, or with any of these Terms, or feel CAS Media has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

10.    Indemnification
You shall indemnify CAS Media and its directors, officers, employees, agents, contractors and licensors ("CAS Media Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, including Vouchers, Offers, and Free Gifts, any actions attributable to the use of your password, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to CAS Media), or any breach by you of these Terms and shall indemnify and hold CAS Media Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of CAS Media.
CAS Media or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If CAS Media or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to CAS Media, subject to the right of CAS Media to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

11.    Third Party Rights
The provisions regarding use of the Site and the provisions regarding Indemnification are for the benefit of CAS Media and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site.  Each of these individuals or entities may be afforded by CAS Media the right to assert and enforce those provisions directly against you on its own behalf.

12.    Internet Security 
CAS Media uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. CAS Media will use reasonable commercial efforts to minimize such disruption where it is within CAS Media's reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from the Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to CAS Media via the Site or the Internet, including, for example, personal information such as your name or address.
 
13.    Passwords
You may need a password to login to the Site and to use certain functions and areas within the Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify CAS Media if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify CAS Media of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

14.    Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to CAS Media at info@therightdeal.com a comprehensive detailed message setting forth the following information:  (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement:  "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."

15.    Changes to These Terms
CAS Media reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. CAS Media reserves the right to terminate your access to this Site with or without notice in the event that you violate these Terms, or for any other reason whatsoever or for no reason, in which case all provisions necessary for CAS Media to enforce its rights hereunder shall survive termination.

16.    Governing Law and Jurisdiction
These Terms represent the entire agreement between you and CAS Media with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the state of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to: (a) the exclusive jurisdiction of the federal and state courts located in New York, NY; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

17.    Miscellaneous
The Site is controlled and operated from within the United States. Without limiting anything else, CAS Media makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of CAS Media to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof.  CAS Media may assign its rights and duties under these Terms to any party at any time without notice to you.  When used herein, the words "includes" and "including" and their syntactical variations shall be deemed followed by the words "without limitation."
Updated:  April 18th, 2011
Copyright © 2011 CAS Media, Inc.; All rights reserved.