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ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“SocialGuides”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

TERMS OF USE

1. General.

The Site provides an interactive online service operated by SocialGuides, Inc. on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through SocialGuides, affiliates of SocialGuides or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of SocialGuides, and SocialGuides shall not be responsible for any data lost while transmitting information on the Internet.

While it is SocialGuides’s objective is to make the Site accessible 24 hours per day, 7 days per week, 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 the control of SocialGuides, access to the Site may be interrupted, suspended or terminated from time to time.

SocialGuides shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, SocialGuides may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

2. Modified Terms.

SocialGuides reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy in our sole discretion without prior notification to you. Any such modifications shall be effective immediately upon SocialGuides’s posting thereof and any such use of the Site thereafter by End User shall be deemed to constitute acceptance by End User of such modifications. Such changes may include, among other things, the adding of certain fees or charges. Accordingly, please read these Terms of Use and Privacy Policy prior to your use of the Site in order for you to stay informed as to any such changes.

3. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. SocialGuides shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

4. End User Conduct.

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SocialGuides’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in SocialGuides’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with SocialGuides.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of SocialGuides, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Copyright and Trademarks.

All right, title and interest in the Site and the Microsites, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to SocialGuides or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site and the Microsites constitute a valuable trade secret and/or is the confidential information of SocialGuides or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site or the Micorsites, in whole or in part. All content and materials included as part of the Site and Microsite, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of SocialGuides or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and SocialGuides or its licensors owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the Site or the Services may cause SocialGuides and its licensors irreparable injury, which may not be remedied at law, and you agree that SocialGuides and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

The SocialGuides name, logo, other related names, design marks, product names, feature names and related logos are trademarks of SocialGuides and may not be used, copied or imitated, in whole or in part, without the express prior written permission of SocialGuides. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of SocialGuides and may not be copied imitated or used, in whole or in part, without the express prior written permission of SocialGuides.

End User shall 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. SocialGuides does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted SocialGuides the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it 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 such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants SocialGuides the rights to edit, copy, publish and distribute any material made available on this Site by End User.

The foregoing provisions of Section 6 apply equally to and are for the benefit of SocialGuides, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Copyright Policy.

SocialGuides reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to SocialGuides by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide SocialGuides 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 or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you 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 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. Contact information for SocialGuides’s Copyright Agent for notice of claims of copyright infringement is as follows:

SocialGuides, Inc. Attn: SocialGuides Management 1390 S Winchester Blvd # 1
San Jose, CA 95128-4304 talktous@SocialGuides.com

7. Disclaimer of Warranty.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER SOCIALGUIDES, ITS 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 OR ANY MICROSITE 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 ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOCIALGUIDES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability.

IN NO EVENT SHALL SOCIALGUIDES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL SOCIALGUIDES’S LIABILITY IN CONNECTION WITH A SOCIALGUIDES EXCEED THE AMOUNTS PAID FOR SUCH SOCIALGUIDES, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

9. Monitoring.

SocialGuides shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by SocialGuides, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, SocialGuides shall have the right, but not the obligation, to remove any material that SocialGuides, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. SocialGuides does not control or endorse the content, messages or information found in any Community, and, therefore, SocialGuides specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to SocialGuides (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by SocialGuides as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Microsite, End User grants SocialGuides the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see SocialGuides’s Privacy Policy.

11. License Grant.

By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to SocialGuides a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

12. Indemnification/Release.

End User agrees to defend, indemnify and hold harmless SocialGuides, its 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 End User in connection with the Site or any Microsites.

End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases SocialGuides from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) 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.”

13. Termination.

The term of this Agreement commences on your first use of the Site and continues through any subsequent use of the Site thereafter. Any unauthorized use of the Site will be deemed a material breach of this Agreement. SocialGuides, in its sole discretion, may, in addition to any other remedies it has in accordance with applicable law, terminate your password, account or use of the Site if you breach or otherwise fail to comply with this Agreement or the Privacy Policy. In addition, SocialGuides may terminate a free account at any time in its sole discretion. The provisions of Sections 1-4 and 6-20 of this Article I will survive termination of this Agreement.

14. Trademarks.

SocialGuides is a trademark of SocialGuides, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on SocialGuides are the property of their respective owners.

15. Third-Party Content.

SocialGuides, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, SocialGuides has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of SocialGuides. Neither SocialGuides nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 17 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with SocialGuides. SocialGuides neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on SocialGuides by anyone other than authorized SocialGuides employee spokespersons while acting in official capacities. Under no circumstances will SocialGuides, its shareholders, directors, officers, employees, agents, or representatives be liable for any loss or damage caused by an end user’s reliance on information obtained through SocialGuides. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through SocialGuides.

SocialGuides contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by SocialGuides of the contents on such third-party sites and SocialGuides hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with SocialGuides expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. SocialGuides reserves the right to revoke its consent to any link at any time in its sole discretion.

If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”

16. Miscellaneous.

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for SocialGuides established by SocialGuides, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

17. Arbitration.

By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against SocialGuides arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, 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”); (2) 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 End User), or at such other location as may be mutually agreed upon by End User and SocialGuides; (3) 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; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or SocialGuides’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SocialGuides will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) 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 (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor SocialGuides shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

18. Disclosures.

For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.

SocialGuides is located at 1390 S Winchester Blvd # 1 San Jose, CA 95128-4304. 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. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.

TERMS OF SALE

All vouchers printed from the Site or any Microsite, or any other website associated with SocialGuides (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through SocialGuides to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through SocialGuides, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.

The Voucher you purchase through SocialGuides is redeemable for goods or services by the Merchant. The Merchant, not SocialGuides, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. SocialGuides sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

1. Terms and Conditions for Restaurant-Specific Vouchers.

For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.

· Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.

· Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law

· Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.

· Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.

· Valid for dine in only unless otherwise stated.

· The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.

· Neither SocialGuides nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.

· Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.

· Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.

· Void to the extent prohibited by law.

· If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.

· All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. SocialGuides’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and SocialGuides has no role in such determination or action on the part of the Merchant.

2. Terms and Conditions for Non-Restaurant Merchant Vouchers

· Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.

· Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.

· The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.

· Neither SocialGuides nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.

· Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.

· Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.

· Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.

· Void to the extent prohibited by law.

· If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.

3. Additional Terms and Conditions for All SocialGuides Vouchers.

All Vouchers shall be subject to the terms and conditions of SocialGuides and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.

The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release SocialGuides and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.

According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the SocialGuides, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the even that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact SocialGuides [and explain your situation in writing] and SocialGuides will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from SocialGuides.

Questions or Additional Information

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to talktous@SocialGuides.com or at SocialGuides, Inc, Attn: Terms of Use, 1390 S Winchester Blvd # 1 San Jose, CA 95128-4304.

Last Updated: September, 2010

PRIVACY POLICY

Section 1. Your Privacy

General. SocialGuides, Inc. (“SocialGuides” or “we”, “our” or “us”) takes very seriously the private nature of your personally identifying information. The privacy of all SocialGuides users is very important. This Privacy Policy describes how we use the information we obtain when you visit www.SocialGuides.com (the “Site”) or use the products, services offered through the Site (collectively, the “Services”). Please read this notice carefully and do not hesitate to let us know if you have any questions.

Your Acceptance of this Privacy Policy. By using or accessing the Site, you are acknowledging and accepting the practices described in this Privacy Policy. Please note that we may update this Privacy Policy as we change or develop the Site or Services. Your continued use of the Site constitutes your acceptance of the then-current Privacy Policy. For this reason, we recommend that you review the Privacy Policy from time to time to ensure that you understand and are willing to accept the current privacy practices of SocialGuides.

Section 2. How We Use Your Private Information

Email Address. When you sign up for our mailing lists, a SocialGuides account, or other service or promotion that requires registration, you will be required to provide a valid email address. We will only use this email address to contact you as part of the transaction process, to send you periodic emails that you have subscribed to, or for purposes that are intended to enhance your user experience. We may also occasionally contact you to obtain feedback on a specific merchant deal in which you have participated. We will not share your contact information with third parties, except as provided in Section 6.1. SocialGuides will generally ask you to indicate whether or not you want to receive certain types of email communication from us, and we will adhere to your preferences unless we consider a particular communication to be absolutely necessary. Emails will generally contain a link at the bottom to be removed from our mailing list.

Name. When purchasing a voucher, you may be required to provide the full name of the person who will use it, whether that will be you or the person to whom you plan to transfer the voucher. We will only share this name with the merchant listed on that voucher. Your full name may be used by the merchant for the purposes of verifying that the voucher is valid. We will also collect your full name during the checkout process to verify your credit card payment information. When signing up for our mailing lists, a SocialGuides account, or other services or promotions that require registration, you may also be asked to provide your name at that time so that we can personalize all communications you receive from us.

Financial Information. For certain services, such as our merchant deals, we also request credit card or other payment account information which are maintained by our payment processor in encrypted form on secure servers. We do not share this information with any third party except the companies responsible for processing our credit card transactions.

Demographic Information. We will occasionally collect demographic data, such as zip code, gender, and occupation. Providing this information is typically optional but helps us bring you better deals. We use this data to help determine which deals our users would most appreciate. We may also share this data with third parties, such as merchants featured on our site; however, no third party will be able to trace your personal demographic information back to you unless you have separately given your permission to do so.

Information Collected from Third Parties. We may combine information you submit under your account with information from other SocialGuides services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we will give you the opportunity to opt out of combining such information.

Facebook. By logging into the Site using your Facebook credentials, you will be giving SocialGuides access to certain general personally identifying information stored in your Facebook profile. We will not view or store any data available to us from your Facebook profile without first obtaining your consent. You will be able to select what information we obtain from Facebook when registering for your SocialGuides account. At various times on SocialGuides.com, you will be able to share our content with your Facebook friends. We do not view or store lists of your friends, nor do we view or store the specific messages that you send to your friends. However, we may record the number of times that particular content has been shared.

Section 3. Sharing functionality

At various times, you will be able to share content on our site using the share feature. We do not view or store the specific messages that you send through this feature, but we may record the number of times that particular content has been shared.

Section 4. Cookies, GIF Images and Unique URLs

Cookies. Like most sites, SocialGuides makes use of browser “cookies.” Cookies are small text files placed on your computer’s hard disk by our server. They allow us to quickly check your status as a subscriber and facilitate access to your preferences. SocialGuides does not use cookies to retrieve or track information that is unrelated to the Site or services.

GIF Images. SocialGuides may also use transparent GIF images in emails we send to you. We use these images to track the viewership of emails we send.

Unique URLs. SocialGuides may also create unique links in emails that enable us to track on which emails you click.

Section 5. Your IP Address

We may occasionally collect and store your IP address. This helps us diagnose problems with our servers, administer our site, gather non-personally identifying information about our users, and detect and prevent fraudulent activity.

Section 6. Information sharing

SocialGuides only shares your personally identifying information with other companies or individuals outside of SocialGuides in limited circumstances.

Consent. Except as provided in Section 6.1.2, we require your consent before we share any of your personally identifying information.

Disclosure to Third Parties.

We may provide personally identifying information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personally identifying information on our behalf.
We reserve the right to transfer or assign the personally identifying information we have collected from you in the event SocialGuides is acquired by, or mergers into, a third party, or in the event we undergo any other form of reorganization. In certain limited circumstances, our business partners may have a contractual right to obtain a copy of your contact information and to contact you if SocialGuides is unable to fulfill our contractual obligations to those parties.
We may share your personally identifying information when we believe in good faith that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of SocialGuides, its users or the public as required or permitted by law.
Notice to California Residents- As required by California state law, if you are a resident of California and a User of our Site and you would like to know what information we have collected from you and/or to update or change that information, please contact us in writing at the address at the very end of this Privacy Policy, with a letter identifying your name, address, and email address. In that letter, you may update or request that we remove your information (although we retain the right to keep a copy of your information for financial auditing and similar business purposes).

Section 7. Usage Information

SocialGuides may also collect non-personally identifying, aggregated information about subscribers’ use of our site. This information is not personally identifiable and will only be used to find out how visitors to our site use our service. For example, we may view how much time users spend on our site, from which other sites users came, and which links to external sites have been used, among other things. We may share this data with third parties in an aggregated, non- personally identifying form. Such information does not identify you individually.

Section 8. How to access and update your personal information

Although we take reasonable steps to ensure that all data we use is accurate, we depend on our users to update or correct their personally identifying information whenever necessary. We make good faith efforts to provide you with access to your personally identifying information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.

Section 9. Minors

SocialGuides does not knowingly collect any information from persons under the age of 13. If we determine that any content has been uploaded to the Site by someone under the age of 13, it will be removed. If you are between the ages of 13 and 18, please ask your parent’s permission before using the Site and the Service. Some Offers may be subject to further age limitations.

Section 10. Our Security Precautions

We take the security of your personally indentifying information seriously. We use secure server software, known as an SSL certificate, intended to ensure that sensitive personal and financial information is encrypted. We require all of our third party partners to use similar technology.

Section 11. Links to other websites

The Site may contain links to other websites. SocialGuides is not responsible for the privacy practices of third parties or the content of these websites. If you follow these links you are responsible for reviewing the privacy policy of any third party website to determine that your personally identifying information is protected to your satisfaction.

If you have any questions about this Privacy Policy, please feel free to contact us through our website by clicking the “contact us” link.

SocialGuides, Inc 1390 S Winchester Blvd

San Jose, CA 95128-4304

14. Trademarks. SocialGuides is a trademark of SocialGuides, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on SocialGuides are the property of their respective owners.