Tucas Dailydeals, is a service of Tucas, a world class manufacturer of high quality telecoms products and accessories, energy and power, sound and storage equipment and a host of other things. For over ten years, consumers around the world have depended on the quality and safety assurance of our products.
Terms of Sale. In addition to these Terms, purchase of gift cards is subject to the Terms of Sale, which are expressly incorporated herein by reference.
Amendments . Tucas Dailydeals may change these Terms from time to time without notice and may modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any such changes to the Terms constitutes your acceptance of the changed Terms. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Sites, Applications or Services, including but not limited to all content, services, digital products, tools or products, and any other acts engaging in unlawful or inappropriate conduct using the Services, is hereby expressly prohibited.
2. RetailMeNot Rx Saver Not Medical Advice and Void Where Prohibited The contents of the RetailMeNot Rx Saver Services are for informational purposes only. The contents are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Services. Please seek medical advice before starting, changing or terminating any medical treatment.
3.1. Registration To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Tucas Dailydeals ("Account"). You represent and warrant that all information provided by you to Tucas Dailydeals is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
3.2. Password and Security As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Tucas Dailydeals immediately if you become aware of any unauthorized use of your Account(s).
You agree that all of Tucas Dailydeal's trademarks, trade names, service marks, and other logos and brand features are trademarks and the property of Tucas Dailydeals. You agree not to display or use Tucas Dailydeal's Marks in any manner without Tucas Dailydeals's prior permission, including but not limited to as a part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Tucas Dailydeals has any relationship with that third party or that such third party endorses the Services or Tucas Dailydeals.
3.4. License to Tucas Dailydeals By posting or contributing Submissions, or by providing any feedback, testimonials, suggestions, ideas, and other submissions to Tucas Dailydeals, you are granting Tucas Dailydeals a non-exclusive, royalty-free, perpetual, irrevocable and worldwide license to use such content in connection with the operation of the Services and for any purpose whatsoever, including, without limitation:
3.5. Acts Against the Services Tucas Dailydeals hereby grants you a limited, personal, non-exclusive, non-commercial, non-transferable license to access and use the Services as provided by Tucas Dailydealssolely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
4.2. Trademark Information You agree not to display or use Tucas Dailydeal’s Marks in any manner without Tucas Dailydeal's prior permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Tucas Dailydeals has any relationship with that third party or that such third party endorses the Services orTucas Dailydeals.
4.4. Intellectual Property Ownership All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Tucas Dailydeals or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Tucas Dailydeals or its licensors.
Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as Submissions, text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, other material, and software (the "Works") are the property of Tucas Dailydeals, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Tucas Dailydeals owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not use, copy, adapt, modify, remove, delete, augment, add to, publish, transmit, adapt, translate, license, participate in the transfer or sale of, transfer, publicly display or perform, transmit, broadcast, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited.
You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Tucas Dailydeals and its licensors irreparable injury, which may not be remedied at law, and you agree that Tucas Dailydeals and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
4.5. Copyright Infringement It is expected that all users of any part of the Services will comply with applicable copyright laws. If Tucas Dailydeals receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.
You acknowledge and agree to indemnify and hold Tucas Dailydeals, its affiliates, and their respective directors, officers, employees, agents, or other representatives, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of
6.1. Disclaimer THE SERVICES AND ANY SUBMISSIONS, CONTENT AND INFORMATION PROVIDED ON OR ACCESSIBLE FROM THE SERIVCES, ARE PROVIDED BY RETAILMENOT ON AN "AS IS" AND "AS AVAILABLE" BASIS. RETAILMENOT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TUCAS DAILYDEALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RETAILMENOT DOES NOT WARRANT THAT THE SERVICES OR FUNCTIONS CONTAINED IN RETAILMENOT CONTENT AVAILABLE VIA THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM RETAILMENOT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
6.2. Limitation of Liability IN NO EVENT SHALL TUCAS DAILYDEALS OR ITS AFFILIATES, LICENSORS, VENDORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICESARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, ANY SUBMISSIONS, THE APPLICATIONS OR SITES, OR A THIRD PARTY’S COUPONS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RETAILMENOT WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
7.1. Arbitration Option In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR ”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
7.2. Injunctive Relief You acknowledge and agree that any violation or breach of the Terms may cause Tucas Dailydeals immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Tucas Dailydeals reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Tucas Dailydeals in law or in equity, Tucas Dailydeals may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
8.1. Termination of Service Tucas Dailydeals disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Tucas Dailydeals reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
8.2. Miscellaneous These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Tucas Dailydeals may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.