TERMS OF SERVICE
1. Introduction
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE ACCESSING OR USING THE CHASER SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE. These Terms constitute a legally binding agreement between you and Chaser, governing your use of our online promotional tools and related services. Chaser provides an array of digital services designed to enhance the visibility and engagement of bars and restaurants through various promotional activities, including but not limited to Happy Hour announcements, Brunch specials, Trivia nights, and other events. Our services are accessible through a web-based platform that facilitates easy management and dissemination of promotional content to both new and existing customers. By agreeing to these Terms, you acknowledge that you have read, understood, and accepted all terms and conditions contained herein, including our Privacy Policy, which is incorporated by reference into these Terms. You further agree to comply with all applicable laws and regulations regarding your use of the Service and your promotions. It is your responsibility to review these Terms periodically for any updates or changes, which we may implement at our discretion. Chaser reserves the right to modify these Terms at any time, and such modifications will be effective immediately upon posting the revised Terms on our website. Your continued use of the Service following any such modification constitutes your acceptance of the new Terms. If you do not agree with any changes made to these Terms, you must cease using the Service immediately. In case of any questions or concerns regarding these Terms, or if you need any clarification about any aspect of our services, please contact us using the information provided in the "Contact Information" section of these Terms.
2. Definitions
For the purposes of these Terms, the following definitions shall apply: (a) "Service" refers to the Chaser services, including any content and any associated services provided by Chaser; (b) "User" or "you" refers to any individual or entity that accesses or uses the Service; (c) "Subscription" refers to the plan(s) offered by Chaser for accessing and utilizing the Service; (d) "Content" includes all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Service; and (e) "Chaser", "we", "us," and "our" refer to the proprietors and operators of the Service. These definitions are integral to understanding and interpreting the Terms.
3. Eligibility
The Service is intended for users who are at least eighteen (18) years of age and possess the legal right and capacity to enter into and abide by these Terms. By accessing or using the Service, you affirm that you are at least eighteen (18) years of age and meet these eligibility requirements. Furthermore, you affirm that all information you provide during the registration process and at any time thereafter is truthful, accurate, and complete. Chaser reserves the right to suspend or terminate your access to the Service if we believe that you are not in compliance with these eligibility requirements or any other provision of these Terms.
4. Alcohol-Related Content and Responsible Consumption
Chaser aggregates and promotes information about Happy Hour, Brunch, Trivia Nights, and other food and beverage specials offered by independent bars and restaurants ("Venues"). Many of these promotions involve alcoholic beverages. Chaser is not a retailer, seller, server, or distributor of alcohol, and all alcohol sales and service are conducted solely by the Venues in accordance with their own licenses and applicable law. In addition to the general eligibility requirements above, you must be of legal drinking age in your jurisdiction of residence to view, act upon, or redeem any alcohol-related promotion made available through the Service. Chaser strongly encourages the responsible consumption of alcohol. Chaser is not responsible or liable for any overconsumption, overintoxication, impaired driving, or other consequence arising from your decision to act on information provided through the Service. Never drive under the influence of alcohol, and always arrange for safe transportation.
5. Subscription and Fees
In order to access the Service, you may be required to create an account and subscribe to a specific plan. Subscription plans, fees, and payment terms are detailed on the Chaser website and may be subject to change. Subscription fees are non-refundable, except as required by applicable law. By subscribing, you authorize Chaser to charge your provided payment method for the recurring subscription fees and any applicable taxes. All fees paid are non-refundable, except as mandated by applicable law. Chaser reserves the right to modify, suspend, or discontinue any subscription plan at any time, with appropriate notice to affected users.
6. Use of the Service
Upon subscription, Chaser grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service strictly in accordance with these Terms. This license is provided for your personal or business use and does not include any resale or commercial exploitation of the Service or its contents. You agree to use the Service in compliance with all applicable laws, rules, and regulations. Unauthorized use of the Service, including but not limited to hacking, spamming, and uploading malicious content, is strictly prohibited and may result in suspension or termination of your access. Chaser reserves the right to investigate and take appropriate legal action against any user who violates these provisions.
7. Content
Users retain ownership of the Content they create and upload to the Service. By uploading Content, you grant Chaser a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with providing the Service. This license persists even if you stop using the Service. You represent and warrant that you have all necessary rights to grant this license and that the Content does not infringe on the rights of any third party. Chaser reserves the right, but is not obligated, to monitor, review, and remove Content at its discretion if it violates these Terms or is otherwise objectionable.
8. Copyright Infringement Claims (DMCA)
Chaser respects the intellectual property rights of others and expects users of the Service to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), Chaser has designated an agent to receive notifications of claimed copyright infringement, registered with the U.S. Copyright Office. Designated Agent: Daniel Austin, Copyright Agent, Chaser 10905 Hackney Dr. Riverview, FL 33578 Email: daniel@chaserdeals.com If you believe that Content available on or through the Service infringes one or more of your copyrights, please submit a written notification to the Designated Agent identified above containing the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; 3. Identification of the material claimed to be infringing and information reasonably sufficient to permit Chaser to locate it, such as the specific URL or location of the material on the Service; 4. Information reasonably sufficient to permit Chaser to contact you, such as an address, telephone number, and email address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on the owner's behalf. Upon receipt of a notice that substantially complies with the above requirements, Chaser will remove or disable access to the allegedly infringing material and will make a good faith effort to notify the user who posted it. Counter-Notification: If you believe material you posted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to the Designated Agent containing: (a) your physical or electronic signature; (b) identification of the material removed and its location before removal; (c) a statement, under penalty of perjury, that you have a good faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal court in the judicial district in which your address is located (or, if outside the United States, an appropriate judicial district in which Chaser may be found) and that you will accept service of process from the person who filed the original notice. Upon receipt of a valid counter-notification, Chaser may restore the removed material unless the original complaining party informs Chaser that it has filed a legal action seeking a court order to restrain the user from engaging in the infringing activity. Repeat Infringer Policy: Chaser will, in appropriate circumstances and at its sole discretion, terminate or suspend the accounts of users determined to be repeat infringers of the copyrights or other intellectual property rights of others. Misrepresentation: Under Section 512(f) of the DMCA, any person who knowingly and materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees, incurred by Chaser or the alleged infringer as a result of Chaser's reliance on the misrepresentation.
9. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which outlines our practices concerning the collection, use, and sharing of your information. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference, and your acceptance of these Terms signifies your acceptance of the Privacy Policy. Chaser is committed to protecting your privacy and employs commercially reasonable measures to ensure the confidentiality and security of your personal information. However, you acknowledge and agree that no method of transmission over the internet, or method of electronic storage, is 100% secure.
10. Termination
Chaser reserves the right to suspend or terminate your access to the Service at any time, without prior notice, for conduct that we believe violates these Terms. Termination will be effective at the end of the then-current subscription period. You are not entitled to a refund for any prepaid fees. Chaser reserves the right to change, suspend, or discontinue all or any part of the Service. If these Terms or your account is terminated, the sections of these Terms which by their nature must survive termination, including but not limited to ownership, indemnification, and limitation of liability, shall survive any such termination.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHASER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL CHASER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNTS PAID BY YOU TO CHASER FOR THE PAST TWELVE (12) MONTHS.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CHASER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
13. Indemnification
You agree to indemnify, defend, and hold harmless Chaser and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with (a) your access to or use of the Service; (b) your violation of these Terms; (c) your infringement of any intellectual property or other right of any person or entity; or (d) any third-party claims brought against Chaser arising from your actions. This indemnification obligation will survive the termination of these Terms and your use of the Service.
14. Governing Law
These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the jurisdiction in which Chaser is based, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration conducted in the jurisdiction where Chaser is based, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the award shall be final and binding. Chaser reserves the right to seek injunctive relief or other equitable remedies from any court of competent jurisdiction to prevent or stop any violation of these Terms or infringement of its intellectual property rights.
15. Miscellaneous
A. Entire Agreement: These Terms, along with the Privacy Policy and any other legal notices published by Chaser, constitute the entire agreement between you and Chaser regarding the use of the Service and supersede all prior agreements, whether written or oral, related to the subject matter herein. B. Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. C. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Chaser's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. D. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Chaser's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Chaser may assign or transfer these Terms, at its sole discretion, without restriction. E. Notices: Any notices or other communications provided by Chaser under these Terms, including those regarding modifications to these Terms, will be given by email or by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
16. Use of Third-Party Services
Chaser utilizes third-party services to support its basic operations and ensure the seamless provision of the Service to our users. These third-party services include, but are not limited to, secure authentication, secure payment processing, cloud hosting, and email and/or text message services. By using the Service, you acknowledge and agree that Chaser may share certain information with these third-party providers to facilitate the provision of their services. A. Secure Authentication: Chaser relies on third-party authentication services to verify the identity of users and ensure secure access to the Service. These authentication providers employ industry-standard security measures to protect your login credentials and personal information. B. Secure Payment Processing: Chaser uses third-party payment processors to handle all transactions related to subscription fees. These processors are compliant with the Payment Card Industry Data Security Standard (PCI DSS) and employ robust encryption and security protocols to safeguard your payment information. Chaser does not store your payment card details on its servers. C. Cloud Hosting: The Service is hosted on third-party cloud infrastructure providers that offer reliable, scalable, and secure hosting solutions. These providers are responsible for the physical and environmental security of the data centers where the Service is hosted. D. Email and Text Message Services: Chaser partners with third-party communication service providers to deliver email and text message notifications, including promotional messages and account-related communications. These providers have stringent security measures in place to protect the integrity and confidentiality of your communication data. E. Third-Party Visibility Clause: While Chaser takes all necessary precautions to ensure that our third-party providers maintain high standards of security and privacy, we cannot be held liable for any breaches or misuse of data by these third parties. By using the Service, you agree that Chaser shall not be responsible for any damages or losses resulting from the actions or inactions of these third-party service providers. F. Changes to Third-Party Providers: Chaser reserves the right to change its third-party service providers at any time, with or without notice, to improve the Service or for any other operational reason. We will ensure that any new providers meet the same standards of security and reliability as our current providers. G. Explicit Identification of Third-Party Services: Chaser utilizes several third-party services to deliver a seamless, secure, and efficient experience for our users. These services are carefully selected to meet high standards of security, privacy, and reliability. Below, we outline the key third-party providers we use for specific services and the corresponding obligations and disclosures required by their terms. By using Chaser, you acknowledge and agree to these provisions. 1. Google Services Chaser integrates various Google services, including Google Maps API, Places API, Geolocation API, Geocoding API, and Timezone API, to provide enhanced location-based functionality. By using the Service, you agree to the following: a. Google Terms of Service: By using Chaser, you are also bound by Google's Terms of Service, available at https://policies.google.com/terms. b. Privacy Policy Disclosure: Chaser uses Google Maps API(s) to provide location-based features. As required, we incorporate by reference the Google Privacy Policy, available at https://policies.google.com/privacy. c. Public Availability: Our Terms of Use and Privacy Policy are publicly available to comply with Google's requirements and can be accessed at https://www.chaserdeals.com/termsofservice and https://www.chaserdeals.com/privacy. 2. Stripe Chaser uses Stripe for secure payment processing, including the handling of subscription fees and other transactions. PCI Compliance: Stripe complies with the Payment Card Industry Data Security Standard (PCI DSS), ensuring that your payment information is securely processed. For more details, visit https://stripe.com/docs/security#pci-dss-compliance. Privacy and Security: For details on how Stripe handles user data, please refer to Stripe's Privacy Policy at https://stripe.com/privacy. 3. DigitalOcean Chaser's infrastructure is hosted on DigitalOcean's cloud platform to ensure reliable, scalable, and secure services. Security and Hosting: DigitalOcean is responsible for the physical and environmental security of its data centers. For more details, see DigitalOcean's Privacy Policy at https://www.digitalocean.com/legal/privacy-policy. 4. MongoDB Chaser uses MongoDB as its database solution to store and manage data securely. Data Management: MongoDB employs industry-standard encryption and security protocols to ensure data integrity. For additional information, refer to MongoDB's Privacy Policy at https://www.mongodb.com/legal/privacy-policy. 5. OpenAI (ChatGPT) Chaser integrates OpenAI's ChatGPT to provide AI-powered features, such as the Chaser Assistant, which offers users tailored advice and support. Use of AI: By interacting with Chaser's AI features, you acknowledge that these functionalities are powered by OpenAI. For more details, refer to OpenAI's Usage Policies at https://openai.com/policies/terms-of-use and Privacy Policy at https://openai.com/policies/privacy-policy. 6. Twilio Chaser uses Twilio to deliver SMS-based notifications and reminders. SMS Communication: Twilio ensures secure and reliable text message delivery. For details on Twilio's data practices, see their Privacy Policy at https://www.twilio.com/legal/privacy. 7. Courier Chaser uses Courier to manage email communications, including promotional emails and account notifications. Email Delivery: Courier's services ensure secure and timely email delivery. For more information, refer to Courier's Privacy Policy at https://www.courier.com/privacy. Important Notes Liability Limitation: While Chaser takes every precaution to ensure that our third-party providers uphold the highest standards of security and privacy, we are not liable for any breaches or misuse of data by these providers. Provider Changes: Chaser reserves the right to change its third-party service providers at any time to improve functionality or for other operational reasons. Any new providers will adhere to equivalent standards of security and reliability. By continuing to use Chaser, you agree to these terms, including those incorporated by reference. If you have questions about how we use third-party services, please contact us at support@chaserdeals.com.
17. Contact Information
For any questions or concerns about these Terms, please contact us at: Chaser Tampa, FL chaser@chaserdeals.com