Terms of Use

We’re glad you’ve joined us at Less.com! Please read the following Terms of Use, as they are your legal agreement with Less.com about your use of the Site and our Services.

About You

When we use the word “you” in the Terms of Use, we mean the person who is actually using or accessing the Site or our Services. If you are accessing the Site or using our Services on behalf of a company or entity, then “you” means that company or entity.

If you are younger than 13, you may not use the Site. If you are between the ages of 13 and 18, your parent or an adult who has responsibility for you, like a guardian, may authorize you to use the Site. A person under the age of 18 by law isn’t old enough to enter into a binding legal agreement. Your use of the Less.com website (the “Site”) to complete a profile, publish content about yourself (“Content”), make an offer, purchase a Less Deal or for any other reason (other than your first reading of these Terms of Use) automatically constitutes your binding agreement to abide by these Terms of Use, and that’s why we are so concerned about your age.

You also must be a resident of the United States.

You – not we -- are responsible for all the hardware, software and communications links over and through which you access the Site and use our Services.

Less.com provides web-based Services and we communicate with you and you with us via electronic means, whether you visit the Site or send us emails, or whether Less.com posts notices on the Site or communicates with you via email. You agree to receive communications from Less.com in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Less.com provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. Local law may, however, give you rights about this that you can’t waive.

You will create a user profile and account with us that will be accurate. You will update the information in your profile and account whenever necessary to keep it current. You can create the user profile and account directly through the Site or you can give us the authority to connect to your Facebook profile.

You will not allow anyone else to use the user identification (“User ID”) we issue to you once you’ve created your profile and account. You are responsible for keeping your User ID secure, and for the actions of any person who uses it with or without your permission, unless and until you have told us that someone has access to your User ID without your permission.

You will not use the Site, any Content you find on the Site or our Services for commercial purposes.

You have the right to create your profile and account and to publish your Content on or through the Site. You understand that by publishing your Content on the Site, you are giving other Less.com users the right to access, use or reproduce your Content.

About Us

When we use the words “us” or “our”, we mean Less.com, Inc., a Delaware corporation with its principal offices at 3300 Monroe Avenue, Suite 345, Rochester, New York 14618.

The Less.com website is located at http://www.less.com and we have other online areas, such as our Twitter, Facebook, and mobile phone applications (the “Site”). Our Services include our “Less Deals” or “Even Less Deals” (described below) for the products and services of merchants who have agreed to have us market those products and services on their behalf (“Merchants”).

In addition to Less Deals and Even Less Deals, we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Less Deals or to encourage you to get others to do so. We will post the rules about such promotions on the Site in or near the description of each such promotion. Less.com reserves the right to interpret these rules in our sole discretion, and by participating in any such promotion you are indication your agreement with our interpretation.

About Less Deals

When you place an order for a Less Deal, you are offering to purchase that Less Deal on its stated terms, restrictions and conditions. We will confirm your order and charge your credit card for the amount of that Less Deal. We will notify you by email when the Voucher (defined below) for the Less Deal is ready to be used. For each Less Deal you buy, you will get a Voucher. There are two parts to a Voucher: one is for the amount you paid for the Less Deal and the other is part that makes each Less Deal so enticing! In these Terms of Use, we call the paid part the “Paid Part” and the other the “Free Part”. The Paid Part and the Free Part are shown on the Voucher. If you redeem your Voucher for less than the total stated on the Voucher, the value of the partial redemption will be deducted from the Paid Part until you’ve used up the Paid Part, and then from the Free Part.

About Even Less Deals

Every time you purchase a Less Deal or complete one of a number of other actions as published on the site from time to time, you are eligible to earn reward points at the then current Reward Point Rate for that action. Reward Point Earning Actions and Current Point Rates may be changed at any time at the sole discretion of Less.com and are published on various parts of the Site.

Your Reward Points will be stored in your account with us, have no cash value, and may be revoked or discontinued at any time at the sole discretion of Less.com. You must have enough Reward Points in your account for any Even Less Deal you want. Reward Points may be redeemed for Even Less Deals then available in accordance with the specific terms indicated at our Site. When you are ready to use Reward Points for an Even Less Deal, you will be able to print a Voucher for that Even Less Deal from our Site. Vouchers for Even Less Deals have no Paid Part and are entirely promotional. Any Voucher for an Even Less Deal using such points will not show any Paid Part.

About Credits

Every time you refer another person to Less.com and provide that person your personalized referral code link you obtain by completing a form on our website, if that other person registers with Less.com within 72 hours of receiving the link, we will issue that person a “sign-up” credit worth $5.00 on any Less Deal purchased by that person. We will also issue you a $5.00 credit to be used on any Less Deal if the person you referred to us makes a Less Deal purchase within 30 days of registering with us.

Additional terms related to credits:

• Credits may only be used against the paid portion of Vouchers
• Credits, whether issued to you or the person you refer to us, do not earn Reward Points
• Credits have no cash value and may not, under any circumstance, be redeemed for cash or any other thing of value except the paid portion of a Voucher
• Credits do not expire, however, we reserve the right to revoke credits if we have reason to believe may have been issued in violation of these terms
• We reserve the right to provide credits under other conditions on a case-by-case basis, in connection with contests, promotions or other circumstances

About Less Deal and Even Less Deal Terms

Each Less Deal and Even Less Deal has specific terms associated with it. Terms of Less Deals will be shown at the time you purchase that Less Deal. Terms of Even Less Deals are set forth on the Even Less Deals page at our Site. Specific terms of Less Deals and Even Less Deals supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law. Your purchase of a Voucher for a Less Deal or using Reward Points for an Even Less Deal gives you the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.

The expiration date for a Voucher is printed on the Voucher. However, local law applicable to Vouchers may require a Merchant to honor at least the Paid Part of a Voucher even past its stated expiration date. Local laws may also require a Merchant to allow you to redeem the Paid Part of a Voucher for cash. Our agreements with Merchants require them to comply with all such local laws. If a Merchant refuses to honor a Voucher in accordance with applicable local law, Less.com will refund the Paid Part of your Voucher if you tell us the following in writing, using the Less.com Customer Service system we have in place at that point in time: (a) the Voucher number and the name of the Merchant, (b) when (date and time) the refusal occurred, (c) the details of the interaction with the Merchant that ended in the refusal, and (d) under penalty of perjury, that you have never redeemed the Voucher with the Merchant.

Unless otherwise stated in a Voucher or required by applicable local law, the following additional terms apply to all Vouchers:

• A Voucher has no cash value
• A Merchant will not give you cash back for the balance of the Paid Part of a Voucher if you only partially redeem it, unless otherwise required by law
• A Merchant will not give you cash or credit for any partial redemption of the Free Part of a Voucher
• A Merchant has the sole discretion whether to accept Vouchers for alcoholic beverages and in fact may not be permitted to accept Vouchers for alcoholic beverages, unless otherwise noted on the Voucher
• A Voucher cannot be combined with any other coupons or promotions unless otherwise stated in the Voucher
• A Voucher cannot be used for taxes, tips, prior balances, shipping or handling
• You are solely responsible for lost or stolen Vouchers or Voucher reference numbers
• A Voucher may not be traded or sold, unless applicable local law says otherwise
• The amount of any Voucher does not include any sales, use or excise taxes that may be due on the sale of the item that is the subject of the Voucher, and the Merchant may charge you for such taxes at the time of redemption

About Our Refund Policy

Less.com will provide a refund of the purchase price paid by you in conjunction with our current Customer Service policy as published and changed from time to time on the Less.com website. Unless otherwise stated in our currently published Customer Service Policies, Less.com will refund the purchase price paid by you for any Less Deal without question within three (3) days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed.

Unless otherwise stated in our current Customer Service policy, which supersedes any inconsistent terms in these Terms of Use, after the three (3) day time period, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.

About Our Merchants

Our Merchants contract with Less.com to market their products and services using Less Deals and Even Less Deals. We act as our Merchants’ sales and marketing agents only with respect to Vouchers. We are not partners with our Merchants or otherwise engaged in their businesses. The Merchant issues the Voucher and is solely responsible for any quality or safety issues related to the products and services provided through the Voucher. If for any reason you believe you may have been injured, made ill or otherwise suffered any damages or loss as a result of patronizing a Merchant, you must make any claim you choose to assert against the Merchant. Our Merchants are also solely responsible for complying with any local laws regarding unclaimed property that may result from unredeemed or partially redeemed Vouchers.

Merchants with locations in multiple cities may be restricted by applicable local law from honoring Vouchers for some products or services at certain locations. Such Merchants may also not carry or offer certain items in all of their locations due to local market conditions. Merchants may also have their own policies about such things as proof of age in connection with alcoholic beverages that may prevent you from redeeming a Voucher. Less.com does not guarantee that every product or service covered by a Voucher issued by a Merchant will be available in every location, or that you will be able to redeem every Voucher you buy due to local law or Merchant policy.

About Our Rules for Less.com Users

You will not use the Site to send or otherwise disperse viruses, Trojan horses, worms or other malicious software that is intended to harm the Site or the systems of other Less.com users. You will not do anything intended to interfere with the functioning of the Site. You will not use the Site for any illegal activity. You will not publish, upload or distribute any Content that may be harmful to minors. You will not use the Site to generate unsolicited email advertisements or spam or otherwise engage in any commercial activity targeted to the Less.com community of users (including but not limited to using the Site to engage in data mining about our users, our Merchants or anything else). You will always represent yourself as yourself and not as someone else.

You will not use the Site to engage in or promote defamation or libel of others, discrimination against others, pornography or obscenity, or abusive, threatening, harassing or hateful conduct, whether any such action might give rise to civil or criminal liability.

Less.com has the sole right to determine if any Content you post may be unlawful, of if it is inappropriate or damaging to us, other Less.com users, our Merchants or others.

We will enforce these rules to the best of our ability, as they exist for the benefit of the entire Less.com community. However, you may be exposed through the Site to Content that violates our policies or is otherwise offensive. Moreover, every person has different opinions about what is offensive or inappropriate. You acknowledge that you are using the Site and our Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of these Terms of Use. We take no responsibility for your exposure to Content on the Site whether it violates our policies or not.

To the extent the law permits, you release us from any claims or liability related to any content posted on the Site and from any claims related to the conduct of any other Less.com users or any of our Merchants. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of another state with a similar law, you waive any rights you may have under that law.

About Intellectual Property Issues

Less.com is the exclusive owner of everything on and the functionality of the Site or uses the trademarks and copyrighted materials of others with their express permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE OR CONTENT THEREON WITHOUT THE EXPRESS WRITTEN PERMISSION OF LESS.COM IS STRICTLY PROHIBITED. Any violation of this policy 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 attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site. You will also not attempt to access any areas of the Site to which you do not possess access rights.

The text, software, photos, video, graphics, music and sound, and other content on the Site are protected as a collective work under the United States copyright laws. We assert a copyright in the content of the Site as well as how we arrange, select and present such content. You may download, print, and/or save copyrighted material for your personal use only. Doing so confers on you no ownership rights of any kind. Unless otherwise stated in applicable law, you are expressly prohibited from copying, publishing, modifying, redistributing, transmitting or selling or otherwise transferring any of the content, or creating derivative works from such content, or in any other way making use of any of the content, in whole or in part, except as permitted by these Terms of Use, by Less.com or by the owner of the copyrighted or trademarked materials. If you are permitted to copy, redistribute or publish any of the copyrighted material on the Site, you must retain, without modification or deletion, any and all copyright notices and claims and trademark legends.

You warrant that the owner of any Content you upload, post or otherwise make available on the Site (whether that owner is you or someone else) has expressly granted Less.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to sublicense, use, reproduce, edit, modify, adapt, publish, translate and distribute your Content, in whole or in part, anywhere in the world, and/or to incorporate such Content in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in your Content. You also permit other Less.com users to access, view, store or reproduce your Content for their personal use. If you make any suggestions about how we can improve the Site or our Services, you agree that any such communication in whatever means made is not proprietary, and that Less.com may use such information without any limitation whatsoever.

You will not violate the copyright, trademark or other proprietary rights of others by uploading, posting or otherwise making available material on the Site in which others have intellectual property rights and protections without the express permission of the owners of those rights. It is up to you to determine whether any material you plan to upload, post or otherwise make available on the Site is subject to such rights and, if so, how to get permission from the owners thereof to do so. If you violate such rights, you will be solely liable for any claims for damages asserted by the owners of such rights, and your expenses in defending against such claims.

About Our Copyright Policy

Less.com reserves the right to terminate these Terms of Use and your account with us if we receive notice from third parties that you have repeatedly infringed their copyright and other proprietary rights. We also rely on members of the Less.com community to help protect their copyright rights and those of others. If you believe that a copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us, legal@less.com 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 and location on the Site of the copyrighted work that you believe has been infringed; (c) your 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, such as telephone number or email address; and (e) your statement that the 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.

About Our Privacy Policy

Much of the information you provide us about you through your profile helps us make your use of the Site and our Services more relevant to you and also to other Less.com users. When you submit such information, you understand that we may disclose it for those purposes and you also understand that such information is not subject to any obligation on our part to keep it confidential. We may also disclose to Merchants whose Vouchers you bought information about you for their commercial purposes, including what they need to fulfill the Less Deals or Even Less Deals you bought. We will not provide your credit card information to Merchants.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of and is incorporated in these Terms of Use by reference. For full details, please refer to our Privacy Policy at http://www.less.com/privacy.php.

About Third Party Sites

You understand that Less.com has no control over websites that may be linked to the Site that we don’t own or operate. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Less.com you expressly relieve us from any and all liability arising from your use of any third party website.

About Termination of these Terms of Use

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate these Terms of Use at our election and for any reason, without prior notice, and these Terms of Use will automatically terminate in the event that you violate any of the terms and conditions in these Terms of Use. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of these Terms of Use specifically applicable to such Voucher.

About Our Warranties

We provide the Site and Services “as is”, “with all faults” and “as available.” Less.com and our Merchants make no express warranties or guarantees about the Site, Services, Less Deal or Even Less Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT OUR SERVICES OR THE PRODUCTS AND/OR SERVICES PROVIDED BY OUR MERCHANTS WILL BE MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A LESS.COM REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that these Terms of Use cannot change.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF LESS.COM. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD. WE, OUR OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You agree to defend, indemnify and hold harmless Less.com, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to Less.com; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive the expiration or termination of these Terms of Use and your use of Less.com.

About this Agreement in General

These Terms of Use, together with our Privacy Policy at http://www.less.com/privacy and any other legal notices published by Less.com on the Site or any Voucher, shall constitute the entire agreement between you and us about your use of the Site, our Services and Less.com generally. We may change these Terms of Use from time to time, and any such modifications shall become effective immediately upon being posted on the Site. You have the sole responsibility to check the Site from time to time to view any such changes in these Terms of Use and to stop using the Site and our Services if you disagree with such changes. Your use of the Site and Services after any modifications to the Terms of Use indicates that you agree to such modified Terms of Use. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Less.com’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Less.com. No Less.com officer, director, agent or employee is authorized to waive or modify these Terms of Use by telephone or email.

These Terms of Use do not create a joint venture, partnership, employment relationship or agency between you and us. These Terms of Use are personal to you and no other person is a beneficiary thereof. You may not assign these Terms of Use or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. If any part of these Terms of Use is held to be invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OUR SERVICES OR ANY ACT OR OMISSION BY LESS.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The laws of the State of New York applicable to contracts to be performed wholly within such state govern the interpretation of these Terms of Use and any disputes arising in connection with them, regardless of conflict of laws principles. Any claim or dispute between you and Less.com that arises out of or relates to these Terms of Use shall be decided exclusively by a single arbitrator in Rochester, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

These Terms of Use are between you and Less.com, Inc., a Delaware corporation, with its principal offices located at 3300 Monroe Avenue, Suite 345, Rochester, New York 14618. You represent that you are legally able to accept these Terms of Service because you are either (a) 18 years of age or older, or (b) an emancipated minor, or (c) possess legal parental or guardian consent to use the Site and our Services. You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You also represent that you are 13 years of age or older.

Communication with Less.com should be made by using the various methods of contacting our Customer Service department available from time to time on the Site or by telephone at 800-770-5377.

Last updated March 23, 2011