Terms and Conditions
Terms and Conditions
1. Permitted Uses
The Site provides an interactive online service operated by Whatsuplehighvalley, 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 Whatsuplehighvalley 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:
• You are an individual person at least 18 years of age;
• You are able to create a binding legal obligation;
• You are not barred from receiving products or services under US law;
• Your use of this Site will at all times comply with the terms of this Agreement;
• If you elect to create an account:
o You may create only one account for your personal use;
o You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
o You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
o You must safeguard your password and supervise the use of your account, and you understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it; and
o You are responsible for updating and correcting information you have submitted to the Site.
• You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.
2. Access to the Site
Whatsuplehighvalley 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.
3. Transmission of Information
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 Whatsuplehighvalley and the Site while it is being transmitted. In addition, Whatsuplehighvalley is not responsible for any data lost during transmission.
4. Your Conduct on our Site
• Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Whatsuplehighvalley account or in order to create multiple Whatsuplehighvalley.com accounts;
• Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
• Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures;
• Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Whatsuplehighvalley;
• Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
• Using frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
• Using any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
• Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Whatsuplehighvalley;
• Reselling or repurposing your access to the Site or any purchases made through the Site;
• Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Whatsuplehighvalley.com to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Whatsuplehighvalley, including without limitation, aggregating current or previously offered deals;
• Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
• Collecting the Personal Information, Statements, data or content of any Site End Users or Merchants;
• Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
• Exceeding or attempting to exceed quantity limits when purchasing vouchers or products, or otherwise using any Whatsuplehighvalley account to purchase vouchers or products for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
• Accessing, monitoring or copying any content or information from this Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
• Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
• Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
• Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
• Acting illegally or maliciously against the business interests or reputation of Whatsuplehighvalley, our Merchants or our services; or
• Hyperlinking to the Site from any other website without our initial and ongoing consent.
5. Creating an Account on our Site
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 Whatsuplehighvalley 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.
6. Terms of Sale
Vouchers that you purchase through our Site as a Whatsuplehighvalley 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 Whatsuplehighvalley 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. Whatsuplehighvalley 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. Whatsuplehighvalley 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.
Whatsuplehighvalley 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, Whatsuplehighvalley will either cancel or not process the order and will notify you by email.
Whatsuplehighvalley does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Whatsuplehighvalley 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, Whatsuplehighvalley will notify you by email. In addition, Whatsuplehighvalley reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Whatsuplehighvalley 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, Whatsuplehighvalley will refund the amount paid upon request in the original form of payment, or will credit the
Whatsuplehighvalley account of the purchaser with an equivalent number of Whatsuplehighvalley “Dollars” for future purchases on the Site. Need a refund or have a question? Contact us here or call 1 (610) 428-1526 (Monday through Friday, 9-5 eastern 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 Whatsuplehighvalley’s discretion, without notice.
• Additional terms applicable to traditional Whatsuplehighvalley vouchers. A “traditional Whatsuplehighvalley voucher” is any promotional voucher other than a ticket or a voucher redeemable. The promotional value of a traditional Whatsuplehighvalley voucher will EXPIRE on the date specified on the face of the voucher, unless prohibited by law. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Whatsuplehighvalley voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Whatsuplehighvalley vouchers are not reloadable, meaning that the amount paid of the voucher cannot be increased, and are fully transferrable.
• Certain Whatsuplehighvalley offers, designated with a date and time on the Site can only be redeemed for the full value between the hours specified on the Site. The promotional value of these vouchers will EXPIRE on the date and time specified on the voucher. The voucher may still be redeemed for the amount paid outside the specified dates and times. The promotional value of this type of voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. These types of vouchers are not reloadable and are fully transferrable.
o Warranties and Other Information.
All products are sold AS IS. See the Disclaimer of Warranty section below.
We are not the manufacturer of the products sold on the Site. To inquire about a manufacturer's warranty, please contact the manufacturer directly.
While we work to ensure that the product information on the Site is correct, we cannot guarantee that product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions which accompany the items before use.
We have taken reasonable steps to display as accurately as possible the colors and other details of products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual items.
For healthcare products, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Please contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
7. Modification of this Agreement
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.
8. Ownership of the Site
9. Copyright and Trademarks
This Site and any Linksite 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. Whatsuplehighvalley 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 Whatsuplehighvalley 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. Whatsuplehighvalley 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.
"Whatsuplehighvalley", the Whatsuplehighvalley logos, and variations thereof found on the Site are trademarks owned by Whatsuplehighvalley and all use of these marks inures to the benefit of Whatsuplehighvalley. Other marks on the site not owned by Whatsuplehighvalley may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Whatsuplehighvalley unless otherwise stated, or may be the property of their respective owners. You may not use Whatsuplehighvalley's name, logos, trademarks, or brands without Whatsuplehighvalley's express permission.
10. End User Communications
Whatsuplehighvalley 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 Whatsuplehighvalley 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.
Whatsuplehighvalley 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 Whatsuplehighvalley, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Whatsuplehighvalley shall have the right, but not the obligation, to remove any material from the Communities that Whatsuplehighvalley, in its sole and absolute discretion, finds to be in violation of this Agreement or otherwise objectionable. Whatsuplehighvalley assumes no liability for any Statements or other information removed from the Communities. Whatsuplehighvalley 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. Whatsuplehighvalley 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.
• You understand and agree that all Statements are public and not private. Any and all
Statements you post to the Site are not confidential. Any other person (whether or not a user of Whatsuplehighvalley’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements that you do not wish to be publicly disclosed. Whatsuplehighvalley is not responsible for the use or disclosure of any Personal Information that you voluntarily disclose in connection with the Statements.
• Some Statements you make to Communities will give you the option to list your Personal Information, or portion of your Personal Information, including your name, initials, username, social networking website user account name, image, likeness, voice, and location, in connection with your Statements. Whatsuplehighvalley shall have no obligation to use your Personal Information in connection with any Statements you submit or post, and may not do so at all.
• Any Statements of any kind made by you or any other End Users to the Communities are those of the respective author(s) or distributor(s) and not of Whatsuplehighvalley. Other End Users may post Statements that are inaccurate, misleading, or deceptive. Whatsuplehighvalley does not endorse and is not responsible for any Statements made by End Users, and will not be liable for any loss or damage caused by your reliance on such Statements. The Statements expressed by other End Users reflect the opinions of the End Users who submitted them and may not reflect the opinion of Whatsuplehighvalley. Whatsuplehighvalley does not control or endorse any Statements found in any part of the Communities, and Whatsuplehighvalley specifically disclaims any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content.
11. Unsolicited Ideas
We do not accept or consider, directly or through any Whatsuplehighvalley 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:
• Whatsuplehighvalley has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
• Whatsuplehighvalley will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
12. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER WHATSUPLEHIGHVALLEY, 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. WHATSUPLEHIGHVALLEY 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.
13. Limitation of Liability
We will make every reasonable effort to resolve any disagreements that you have with Whatsuplehighvalley. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Whatsuplehighvalley 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 Whatsuplehighvalley; (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 Whatsuplehighvalley’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, Whatsuplehighvalley 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 Whatsuplehighvalley shall be entitled to arbitrate their dispute.
15. Websites of Others
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 Whatsuplehighvalley, 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 Whatsuplehighvalley 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 Whatsuplehighvalley, and any conduct, speech, or Statements, whether online or offline, of any other user.
18. Choice of Law
19. Additional Disclosures
No waiver by either you or Whatsuplehighvalley 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.