The Site provides an interactive online service operated by Groupon, consisting primarily of: (i) promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”) available to its users; and (ii) direct sales of products to End Users. Vouchers may be purchased by Groupon account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
Groupon retains the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Groupon and the Site while it is being transmitted. In addition, Groupon is not responsible for any data lost during transmission.
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Groupon account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Vouchers that you purchase through our Site as a Groupon account holder are special promotional offers that you purchase from participating Merchants through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release Groupon and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the goods or services it provides in connection with the voucher.
Descriptions of the products or services advertised on the Site are provided by the Merchant or other referenced third-parties. Groupon is not responsible for any performance or quality claims associated with product or service descriptions.
Merchants may advertise services on the Site that may require an up-to-date regulatory authorization, license, or certification. Groupon does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation or other resources that you deem necessary or appropriate before purchasing any Merchant’s promotional offers to determine if a Merchant is qualified to perform the advertised service. Merchant is solely responsible for the care and quality of goods and services being provided.
Groupon is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products, or procedures to You that are advertised on the Site. The Site is not intended to be a substitute for professional advice, including medical and health advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a health condition. Never neglect to seek out, delay or disregard professional advice relating to your health because of something You have read on the Site.
Products that you purchase through our Site are subject to the special terms below.
If an offer becomes unavailable between ordering and processing, Groupon will either cancel or not process the order and will notify you by email.
Groupon does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Groupon reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Groupon will notify you by email. In addition, Groupon reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Groupon is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. For example, if you pay $20 for a voucher that entitles you to $50 of goods or services from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded), and the promotional value is $30 (this amount expires on the date stated on the voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the voucher for at least the amount paid, even after the promotional value has expired.
If a Merchant or venue refuses to honor any voucher, Groupon will refund the amount paid upon request in the original form of payment, or will credit the Groupon account of the purchaser with an equivalent number of Groupon “Bucks” for future purchases on the Site. Need a refund or have a question? Contact us here or call 1 (877) 788-7858 (Monday through Friday, 9-5 central time). Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of vouchers is prohibited. All descriptions, content, Products, and prices of Products and services on the Site may change at any time in Groupon’s discretion, without notice.
Groupon Reserve is a feature within the Site that makes available reservations with Merchants, which may include a discount, and voucher deals for certain Merchant goods and services. Groupon, through Groupon Reserve, provides the reservation program but does not guarantee the reservations or discounts provided by the Merchant. Groupon is not responsible for the service, eligibility, or termination of the Merchant or the Merchant’s reservation. Groupon may terminate your use of Groupon Reserve and prohibit you from making further reservations for any reason and at sole discretion of Groupon. Such actions include but are not limited to: changing the time or date of a reservation more than five times; contacting Merchants directly to attempt to modify the time, date or other parameters of a reservation; arriving at a Merchant’s business at a time or with a party size other than that specified in your reservation confirmation and requesting a discount; failing to cancel a reservation which you do not plan to attend; committing fraud of any kind with regards to your obligation to pay the Merchant in full for services rendered.
”Groupon Bucks” are a form of Site credit redeemable only toward future Groupon purchases, excluding "Getaways Market Pick hotels." Groupon reserves the right to discontinue Groupon Bucks and may modify these terms at any time. To accumulate and redeem Groupon Bucks, you must create and maintain in good standing a Groupon customer account registered with a valid credit card. Unless required by law, Groupon Bucks are non-transferrable and are not redeemable for cash.
You can earn Groupon Bucks by participating in various promotional activities and responding to certain offers (“Promotional Activity”). In order to earn Groupon Bucks indicated in the Promotional Activity materials, you must comply with the terms of the applicable Promotional Activity. Groupon may also credit Groupon Bucks to your account for returns or refunded purchases, or for other reasons within our discretion. Groupon Bucks may also be purchased in various increments on Groupon gift cards or promotional codes. Groupon gift cards and promotional codes are governed by the terms and conditions disclosed on or distributed with the specific gift card or promotional code. Groupon Bucks, including those issued as part of a Promotional Activity, will expire one-year after the issue date, unless otherwise noted at time of issuance. Notwithstanding the foregoing, Groupon Bucks received as a refund of the original purchase amount do not expire.
You are responsible for ensuring that Groupon Bucks you earn or are awarded as credits are added to your Groupon account. Groupon Bucks may not appear in your account for up to ten business days if a Promotional Activity must be validated. Groupon Bucks in your account will automatically be the first form of credit to be applied toward future Groupon purchases.
Your Groupon Bucks cannot be resold. Your Groupon Bucks cannot be combined or merged with Groupon Bucks in any other account registered to you or another End User. Access to Groupon Bucks or related account information may not be sold or distributed to others. You may not use any other End User’s password or account to accrue Groupon Bucks for that account. Unauthorized or fraudulent use, resale, or distribution of Groupon Bucks is prohibited. Groupon reserves the right to cancel, revoke, or otherwise prevent the issuance of Groupon Bucks in cases of mistake and in any suspected case of unauthorized or fraudulent use.
Groupon’s Refer-a-Friend program (“RAF Program”) is a Promotional Activity by which you may earn Groupon Bucks if a non-Groupon customer you refer makes a qualifying purchase on the Site. You may earn up to a maximum of $100 in Groupon Bucks over the lifetime of your participation across all referrals (“Lifetime Program Limit”). In order to be eligible to earn Groupon Bucks through the RAF Program, you must be eligible to accumulate and redeem Groupon Bucks, maintain a Groupon account in good standing, and be under the Lifetime Program Limit.
To participate, refer friends who are not current Groupon subscribers and who have never purchased a voucher from the Site (“New User”) by sending them your personal referral link (“unique link”), available on the Site or provided to you as a recipient of an invite-only special offer. For a New User who accesses your unique link and, within the following 72 hours: (i) registers on the Site, and (ii) makes an initial purchase of a Groupon offer priced at ten dollars ($10) or more (“Eligible Offer”), Groupon will post to your account any Groupon Bucks you are eligible to receive, up to the Lifetime Program Limit, within a reasonable amount of time.
Groupon may provide various tools to help you disseminate your unique link. You may also share your unique link via email and social media. PLEASE NOTE THAT WHENEVER YOU DECIDE TO SHARE YOUR UNIQUE LINK, YOU MUST TELL YOUR FRIENDS THAT YOU ARE ELIGIBLE TO RECEIVE GROUPON BUCKS (STORE CREDIT) IF THEY SIGN UP AND MAKE A QUALIFYING PURCHASE. Failure to disclose this information is a violation of this Agreement and Groupon may terminate you immediately from the RAF Program, disqualify you from participating in the RAF Program in the future, and cause the forfeiture of any Groupon Bucks in your account.
Groupon reserves the right at any time to modify or discontinue the RAF Program, either temporarily or permanently (or any part thereof), with or without notice. Groupon will not be liable to you in the event of any modification, suspension or discontinuance of the RAF Program.
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Groupon owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Groupon or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on this Site 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. Groupon does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
"Groupon", the Groupon logos, and variations thereof found on the Site are trademarks owned by Groupon and all use of these marks inures to the benefit of Groupon. Other marks on the site not owned by Groupon may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Groupon unless otherwise stated, or may be the property of their respective owners. You may not use Groupon's name, logos, trademarks, or brands without Groupon's express permission.
Groupon in some instances allows you and other End Users to use the Site to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and other materials and content (collectively, "Statements") through forums, bulletin boards, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Site from time to time (collectively, “Communities”). In most instances, you will be required to have a Groupon user account in order to make Statements.
In contributing any Statements, you represent and warrant (a) you have created your Statements, or, (b) if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the Statements, and that you have all rights necessary to grant the licenses and grants in this Agreement. You further represent and warrant (or, if you are acting on behalf of the creator of the Statements, you have been assured that the creator represents and warrants) that the sharing of Statements for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available Statements if they are unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violate any third party rights; or if they contain any material that harbors software viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
Groupon shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose to any third party the Statements and content within the Communities, and the circumstances surrounding its transmission, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Groupon, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Groupon shall have the right, but not the obligation, to remove any material from the Communities that Groupon, in its sole and absolute discretion, finds to be in violation of this Agreement or otherwise objectionable. Groupon assumes no liability for any Statements or other information removed from the Communities. Groupon is under no obligation to use your Statements and may not use or post them at all.
In some instances and from time to time, you may modify or remove the Statements you submit or post in Communities through your user account. Groupon makes no representations or warranties that the Statements you modify or remove will be modified or removed in the Communities, or that the Statements will cease to appear on the Internet, in search engines, or in any other form, media or technology.
Public Nature of Your Statements.
Groupon reserves the right to terminate the right to use the Site by an End User who infringes the copyrights of another.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, and you would like to bring this material to Groupon's attention, you must provide Groupon's DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for Groupon’s DMCA Agent for notice of claims of copyright infringement is:
We do not accept or consider, directly or through any Groupon employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER GROUPON, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICES, PRODUCTS, VOUCHERS, OR STATEMENTS (AS DEFINED ABOVE) PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GROUPON HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
We will make every reasonable effort to resolve any disagreements that you have with Groupon. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Groupon arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Groupon; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Groupon’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Groupon will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Groupon shall be entitled to arbitrate their dispute.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk
You agree to defend, indemnify and hold harmless Groupon, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, or any Statements submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Groupon from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Groupon, and any conduct, speech, or Statements, whether online or offline, of any other user.
Groupon holds a license to sell travel services in the following states: (a) Florida – license number ST38581; (b) Hawaii – license number TAR6914; (c) Iowa – license number 1081; and (d) Washington – license number 603079887.
No waiver by either you or Groupon of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
You are contracting with Groupon, Inc. Correspondence should be directed to: Groupon, 600 West Chicago Avenue, Chicago, IL 60654; http://www.groupon.com/helpcenter.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.