Terms of Use

Terms of Use (the "Agreement") form a binding agreement between you ("you") and Huge.com regarding your use of the Huge.com website and service (collectively referred to herein as "Huge", "we" or "us"). As this Agreement forms a binding, legally enforceable contract, you must review this Agreement thoroughly and carefully prior to using Huge or creating an account with Huge. By using Huge, you are agreeing to the terms of this Agreement, as well as our Privacy Policy and all of these terms will govern your use of Huge. If you do not agree to any term(s) in this Agreement, you must immediately cease use of Huge and if you have created an account with Huge, you must immediately inform us by contacting customer support that you would like your account closed.

 

Huge Service

Huge provides a regular, often weekly to daily, deal service targeted to men and the women who love them (or who just like awesome stuff) offering goods and/or services at a reduced cost. The way the service works is we will post a discount offer from a merchant ("Huge Deals") and provide you with a period of time (typically 24 hours) to purchase that offer.

Huge Users

When you make a purchase of Huge Deals, you are entering into a contract with Huge. For this reason ALL purchases must be made by individuals who are over the age of eighteen. Absolutely no purchases by anyone under the age of eighteen. By making a purchase you are swearing and affirming to Huge that you, the purchaser is over the age of eighteen.

License to Use Huge

When you use Huge, you are granted a license by Huge to use and view the Huge website and service. All text, photographs, drawings and other items (collectively the "Materials") are owned either by Huge or its licensors. By using Huge and/or making a purchase through Huge you are not granted any ownership or other interest in the Materials. In connection with the license granted to you to view and use the Huge site and Materials, you are not permitted to reproduce, copy, disassemble, reverse engineer, hack, circumvent security or other measures or in any way tamper with or reproduce all or any part of Huge or the Materials.

Huge Account

When you create an account with Huge you will be required to provide an email address and create a username. By creating an account you represent and warrant to Huge that the email address used to create the account is both current and your own account. Do Not EVER sign up anyone's email address except your own. As described below when you make a purchase from Huge, you will be required to provide both payment and address information (the "Payment Information"). Huge will not at any time store your Payment Information; however, our third party payment processors do have one click purchase options which are available through Huge so that once you make a purchase when you later make another purchase your Payment Information will already be stored and, unless you elect to enter new Payment Information, the stored Payment Information will automatically be used to complete your purchase. Please review the Privacy Policy and Terms of Use for whichever third party processor you use to understand how they use and maintain your Payment Information. You are responsible for all purchases through Huge using your account for this reason you must safe guard your login information and ensure that you properly log out of Huge when you are done using Huge. If you believe that your Huge account information has been compromised in anyway you must immediately inform Huge. You understand and agree that you are solely responsible for the use of your account and must immediately inform Huge. In the event that your account is compromised and inform Huge, Huge's sole responsibility to you will be to either reset your password or suspend your account, at your election. Huge reserves the right to terminate your account if you fail, in Huge's opinion, to adequately safeguard your account login information.

Huge Purchases

When you make an initial purchase through Huge, you will be required to provide the Payment Information. You agree in providing any Payment Information that such Payment Information is your own and that you have all authority and permission to use such Payment Information to complete any and all purchases through Huge. The Payment Information will be submitted through a secure webpage directly to one of Huge's third party credit card processors. Once the Huge Deals offer you have purchased closes, you will receive a certificate for the purchased Huge Deals offer with a Huge Voucher with a code which you will need to use when using your offer with the applicable merchant. In connection with the merchant's ability to honor your Huge Deals purchase, we may provide the merchant with your name and Huge Voucher code.

Merchant Terms

All purchases of Huge Deals are subject the applicable merchant.s terms included in the Huge Deals details. Such terms may include, without limitation, exclusions with respect to combining discounts, a maximum amount of certificates/services you may purchase, an expiration date and other restrictions and exclusions. Prior to making a purchase of any Huge Deals you should research the applicable merchant whose services/goods you are purchasing which may include calling the merchant to inquire about any Huge Deals merchant details you may not understand or may wish to clarify. Huge has no control over any merchant terms and has no authority to change or amend any merchant terms on any Huge Deals. If your state does not permit expiration dates or has other special regulations with respect to prepaid goods or services, this must be addressed with the applicable merchant as Huge has no control over the merchant.

Huge Vouchers

Please note the following terms which apply to all Huge Vouchers, unless specified otherwise in the applicable Huge Deals and/or Merchant Terms:
-Huge Vouchers may only be used once;
-You are responsible for your Huge Voucher- stolen or lost Huge Vouchers cannot be replaced; you should also safeguard your Huge Voucher code as once this code is used, it cannot be used again;
-Huge Vouchers have no cash value (that is: you cannot take your Huge Voucher to the merchant and demand the cash amount listed on the Huge Voucher; the Huge Voucher must be redeemed in accordance with the Huge Deals and Merchant Terms);
-Except where permitted by law, you may not sell or trade your Huge Voucher;
-Except as required by law, no cash back will be issued for partial redemption of or failure to redeem a Huge Voucher;
-You may not combine any Huge Vouchers together or with any other promotions or coupons;
-Huge Vouchers may not be used on purchases made prior to the issuance of a Huge Voucher; and,
-All purchases made with Huge Vouchers will still be subject to taxes, shipping fees and other related fees on the full amount of the purchase, not the reduced price based on your Huge Voucher.

Notes When Redeeming a Huge Voucher

Our ability to bring you Huge Deals is based in large part on our reputation with merchants. You, our loyal and beloved customers, are the faces that our merchants see. How you act when redeeming your Huge Voucher is largely the basis for how merchants perceive Huge and whether they would do business with us again and recommend us to other merchants. For this reason, please always be polite and friendly when redeeming Huge Vouchers. If you have purchased a Huge Voucher for a service, please let the merchant know the earlier of when you book your reservation or when you arrive that you will be using a Huge Voucher and, if applicable, how many people will be in your party and if you will be requesting separate checks. Also, if you have purchased a Huge Voucher for food or other service for which a tip is generally expected, please tip on the full amount of the service and not the discounted amount. Please also give another review of the applicable Merchant Terms prior to redeeming the Huge Voucher so there is no embarrassment when, for instance, there are four people in your party and all four wish to redeem Huge Vouchers only to rediscover only one Huge Voucher is permitted per party.

Feedback

Since our Huge Deals can only be as good as the merchants themselves, we value your feedback regarding merchants and your experience in using your Huge Deals vouchers. Please email us at feedback@huge.com with the name of the merchant as the .Subject. line and let us know your experience, if you would purchase the same Huge Deals again and your thoughts overall. We reserve the right to share this information with applicable merchant, provided that we will not provide the merchant with your name or email address with the merchant.

Merchant Responsibility

In presenting Huge Deals, Huge is acting on behalf of the applicable merchant; however the applicable merchant is the responsible party for issuing and honoring the Huge Voucher.

Forums

We may in the future provide forums for users of Huge to discuss different Huge Deals, merchants and other issues relating to Huge. In the event that we do offer forums, you understand and agree that any information posted to the forums will be public and viewable by any and all users of Huge, whether or not they are registered users of Huge. You also understand that once a comment or post is posted using your account, Huge has no responsibility to remove such comment or posting. When posting any comment, question, etc on the Huge forums you should understand that, with anyone able to take a screenshot, with various websites and search engines regularly indexing the internet, etc, once something is on the internet, it is there forever even if you later delete it. By using the forums, you agree to adhere to the following Code of Conduct:
-You will not post any content which may:
-infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
-violate the privacy, publicity, or other rights of third parties,
-be unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by in its sole discretion,
-be false or inaccurate, or
-damage our company, related entities, affiliates, advertisers, or other parties.
-You may not use the forums to post:
-chain letters,
-requests for money, goods or services,
-advertisements or requests for business, or
-upload or transmit any form of virus, worm, Trojan horse, or other malicious code.

Monitoring of Information

We reserve the right, but have no obligation, to monitor any and all advertisements, postings and messages on Huge to ensure that they conform to the Code of Conduct and these Terms, which are both subject to change from time to time. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of "hackers"). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through Huge. If you believe someone is breaching the Code of Conduct or these Terms in the forums in anyway please let us know by sending an email to support@huge.com.

Notice of Claimed Infringement

Huge respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Huge.s Designated Copyright Agent the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on a Site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner.s behalf. You may send your Notice of Claimed Infringement to:
Mark J. Bryn
2 S. Biscayne Blvd, Suite 2680
Miami, Florida 33131
mark@markbryn.com
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT.
SEND ALL OTHER INQUIRIES TO: support@huge.com

DMCA Counter-Notification Procedure

If the recipient (the 'Recipient') of a Notice of Claimed Infringement ('Notice') feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined above, the Recipient is permitted to submit a counter-notification pursuant to 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material (the .Material.) pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the Content.
To submit a counter-notification, please provide our Designated Copyright agent the following information:
a) A specific description of the material that was removed or disabled pursuant to the Notice.
b) A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.
c) A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used:
.I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled..
d) The Recipient's physical address, telephone number, and email address. Written notification containing the above information must be signed and sent to:
Mark J. Bryn
2 S. Biscayne Blvd, Suite 2680
Miami, Florida 33131
mark@markbryn.com
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT. SEND ALL OTHER INQUIRIES TO: support@huge.com
After receiving a DMCA-compliant counter-notification, our designated copyright agent will forward it to us, and we will then provide the counter-notification to the entity who first provided the Notice concerning the subject material.
Additionally, within ten to fourteen (10-14) days of our receipt of the counter-notification, we will replace or cease disabling access to the disputed material provided that we or our designated copyright agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.
We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.

Links to Third Party Websites

In connection with our Huge Deals and otherwise, we may post links to and/or feature third party websites. These websites are in no way owned or controlled by us and will be subject to such third party.s Terms of Use and Privacy Policy. We are not responsible for your use of and/or the content appearing on any third party websites linked to and/or featured on Huge. If you have a question as to whether a website may belong to us, please contact us.

Rules Regarding Information And Other Content

When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Huge Deals), and you agree not to post or use any Content in any manner that:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
• violates the privacy, publicity, or other rights of third parties,
• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Huge Deals in its sole discretion,
• is false or inaccurate, or
• could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and 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 this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.

General Rules Of User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:

• conduct or promote any illegal activities while using the Site or Services;
• upload, distribute or print anything that may be harmful to minors;
• 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;
• attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Site or Services to generate unsolicited email advertisements or spam;
• use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
• impersonate another user.

Invalid Charges

If you believe you have been charged for a Huge Deals that you did not purchase, simply contact us by phone or at support@huge.com within thirty (30) days of the later of receipt of an email from us with your Huge Voucher or your monthly billing statement and, if the Huge Voucher has not been redeemed, we will immediately refund the purchase price to your payment method.

Refunds

We want everyone to be happy with their Huge purchases, if for any reason you regret a Huge Deals purchase within five (5) days of your purchase and you have not yet used your Huge Voucher, contact us by phone or at support@huge.com and we will refund the purchase price to your payment method. In the event that the applicable merchant for a Huge Voucher goes out of business prior to the expiration date on your Huge Voucher, contact us as set forth in this paragraph and we will refund the purchase price of the Huge Voucher to your payment method.

Termination

We may change or discontinue all or any part of Huge at any time, without prior notice. In the event that you breach the terms of this Agreement, this Agreement will be deemed automatically terminated. In the event of any termination, you will immediately cease accessing Huge.

Disclaimers of Warranty

We provide the Huge site and service on an "as is", "with all faults" and "as available" basis. Huge, affiliates, advertisers and our third party merchants make no express warranties or guarantees about the Huge Site or Service or any Huge Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES THAT THE HUGE SITE OR SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE DO NOT GUARANTEE OR IN ANYWAY PROMISE THAT THE HUGE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS/EXPECTATIONS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HUGE, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR 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 ALL OR ANY PART OF HUGE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A HUGE REPRESENTATIVE SHALL BE DEEMED TO CREATE A WARRANTY BY HUGE AND YOU AGREE YOU SHALL NOT DEEM ANY SUCH ADVICE OR INFORMATION AS SUCH. You may have additional consumer rights under your local laws that this contract cannot change.

Limitations of Liability and Time Limit

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF HUGE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF HUGE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY 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 AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AND HUGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HUGE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnity

You agree to defend, indemnify and hold harmless Huge, its parent company, 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 Huge; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content or materials submitted by you causes damage to a third party. This defense and indemnification obligation will survive the termination of this Agreement and your use of Huge.

Release of Liability

To the extent the law permits, you release us from any claims or liability related to any Materials posted on Huge whether by us or third parties and from any claims related to the conduct of any Huge users or merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such 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."

Jurisdiction/Disputes

This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You and Huge hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida for resolution of all disputes. You and Huge hereby agree that exclusive venue for any litigation under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida.