General Terms

By purchasing or redeeming a Yelp Deal or Yelp Certificate, you agree to be bound by the terms and conditions contained in this document as well as those that are indicated on the Yelp Deal or Yelp Certificate (collectively, the "Consumer Terms"). These Consumer Terms form an agreement between you and Yelp Inc., a Delaware corporation headquartered in San Francisco, CA ("Yelp").

1. Deals and Certificates

   "Yelp Deals" and "Yelp Certificates" are vouchers which are redeemable for products or services by the holder from the third party merchant identified thereon (“Merchant”).

   1. Yelp Certificates allow the holder to apply the purchase price toward Merchant’s products and services (e.g., $25 for $25 worth of hair products) or for a specified product or service (e.g., $25 for a haircut).
   2. Yelp Deals are equivalent to Yelp Certificates, but include an additional promotional component for no additional consideration. The promotional component is the difference between the maximum redemption value indicated on the Yelp Deal and the paid component, which is the amount paid for the Yelp Deal. For example, a Yelp Deal offering "$20 for $30 worth of services" has a promotional component of $10 worth of services in addition to the paid component of $20 worth of services.

2. Redemption

   Yelp Deals and Yelp Certificates are issued and can only be redeemed by Merchant pursuant to the Consumer Terms. Under no circumstances may a Yelp Deal or Yelp Certificate be redeemed and/or refunded for more than the full value indicated thereon. Consumer further acknowledges and agrees that:

   1. Expiration: Yelp Certificates do not expire and can be redeemed at any time. Yelp Deals, on the other hand, expire only as to the promotional component, which may only be redeemed during the promotional period. The promotional period ends on the date indicated on the Yelp Deal, or if no end date is indicated, one year from the date it is purchased. The paid component does not expire and can be redeemed at any time.
   2. Partial Redemptions: Partial redemptions of a Yelp Deal are allocated first against the paid component and then against the promotional component. Please note, however, that you can only redeem the promotional component of a Yelp Deal during the promotional period, and cannot carry a balance for any unused portion of the promotional component for later use even during the promotional period. As a result, any unused portion of the promotional component will not have any value.
   3. Event Tickets: Yelp Deals and Yelp Certificates which are redeemable for tickets to specific events are only valid for such events on the stated event date. These Yelp Deals, Yelp Certificates, and underlying event tickets do not retain any residual value after the event. Tickets for live entertainment or other ticketed events are refundable by Merchant only on the day of purchase unless the event is cancelled and not rescheduled by the venue or Merchant. Tickets for live entertainment or other ticketed events are not eligible for upgrades and are not transferable.
   4. Roles and Responsibilities: Yelp is not responsible for redeeming Yelp Deals or Yelp Certificates. Please contact us at shop@yelp.com to request a refund of the difference between the amount paid and any value you already received if Merchant refuses to honor your redemption for the full value required under applicable law. Please note that we may provide your name and the date and time of purchase to Merchant to assist Merchant with the redemption process.
   5. No Gratuity: A Yelp Deal or Yelp Certificate that is redeemable for a specified product or service (e.g., $25 for a haircut) does not include gratuity unless otherwise set forth on the Yelp Deal or Yelp Certificate.

3. Restrictions

   Unless otherwise set forth in the Consumer Terms, permitted by the Merchant, or required under applicable law, the following additional restrictions apply:

   • Yelp Deals and Yelp Certificates may not be replicated, resold, or reused;
   • Yelp Deals and Yelp Certificates are void if you attempt to redeem them in violation of the Consumer Terms;
   • Minimum age is 18 years old to purchase a Yelp Deal or Yelp Certificate;
   • Yelp may void Yelp Deals or Yelp Certificates at any time by refunding the holder the amount paid less any value already received through redemption
   • Yelp Deals and Certificates may not be used as payment for Eat24 purchases.

4. No Warranties

   YELP MAKES NO WARRANTIES AS TO THE MERCHANT OR THE PRODUCTS OR SERVICES THAT THE MERCHANT OFFERS. YELP DISCLAIMS ALL WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTABILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU IN CONNECTION WITH A YELP DEAL OR YELP CERTIFICATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A YELP REPRESENTATIVE WILL CREATE A WARRANTY.

5. No Liability

   YOU ACKNOWLEDGE AND AGREE THAT THE MERCHANT, AND NOT YELP, IS RESPONSIBLE FOR ISSUING AND REDEEMING YOUR YELP DEAL OR YELP CERTIFICATE (AS WELL AS THE PRODUCTS AND SERVICES FOR WHICH IT MAY BE REDEEMED). AS SUCH, TO THE EXTENT PERMITTED UNDER THE LAW, YOU RELEASE YELP FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO THE ISSUANCE OR REDEMPTION OF YOUR YELP DEAL OR YELP CERTIFICATE, INCLUDING BUT NOT LIMITED TO ANY FAILURE BY THE MERCHANT TO PROPERLY REDEEM OR REFUND IT, AND ANY PRODUCTS OR SERVICES THAT YOU RECEIVE FROM THE MERCHANT. TO THE EXTENT PERMITTED UNDER THE LAW, YOU AGREE TO BRING ALL CLAIMS, CAUSES OF ACTION OR DISPUTES ARISING FROM YOUR YELP DEAL OR YELP CERTIFICATE AGAINST THE MERCHANT AND NOT YELP.

   NEITHER YOU NOR YELP WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY YELP DEAL OR YELP CERTIFICATE OR THESE CONSUMER TERMS. IN ADDITION, NEITHER YOU NOR YELP WILL BE LIABLE TO THE OTHER IN THE AGGREGATE FOR ANY DAMAGES HEREUNDER, REGARDLESS OF FORM, IN EXCESS OF THE AMOUNT PAID FOR THE YELP DEAL OR YELP CERTIFICATE.

6. Indemnification

   You agree to defend, indemnify and hold harmless Yelp, 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 (i) your breach of the Consumer Terms, (ii) your use and access to Yelp’s websites or mobile applications, which use is governed by the Terms of Service posted at https://www.yelp.com/static?p=tos&country=US, and (iii) any products or services for which you redeem your Yelp Deal or Yelp Certificate. This defense and indemnification obligation will survive these Consumer Terms and your use of Yelp’s websites, mobile applications, and other services.

7. Choice of Law and Arbitration

   1. Any claim, controversy, cause of action or dispute that might arise between you and Yelp ("Claim") will be exclusively governed by California law consistent with the Federal Arbitration Act without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. You agree that any subpoena, third-party discovery request, or other third-party process directed to Yelp must issue from, or be domesticated by, the state or federal courts located within San Francisco County, California.
   2. All Claims must be exclusively and finally resolved and settled by final and binding arbitration administered by and in accordance with the rules of the American Arbitration Association (“AAA”) before a single arbitrator who is a member of the AAA. Arbitrations will be held in San Francisco, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator’s ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. NOTWITHSTANDING THE FOREGOING, FOR ANY CLAIM WHICH IS NOT SUBJECT TO ARBITRATION OR ANY DISPUTE AS TO THE ENFORCEABILITY OF THIS ARBITRATION PROVISION OR ITS APPLICABILITY TO A SPECIFIC CLAIM, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
   3. THE TERMS AND CONDITIONS MUST BE CONSTRUED AS IF THEY WERE JOINTLY WRITTEN BY BOTH PARTIES. YOU AND YELP AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND YELP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SUBSECTION (C), AND THIS SUBSECTION (C) IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.

   Notwithstanding anything to the contrary in the Consumer Terms, Yelp may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

8. Miscellaneous

   The Consumer Terms comprise the entire agreement between you and Yelp relating to your Yelp Deal or Yelp Certificate, superseding all prior or contemporaneous written and oral agreements, representations or negotiations. In the event of a conflict between the terms and conditions contained in this document and those set forth on the Yelp Deal or Yelp Certificate itself, the terms and conditions set forth on the Yelp Deal or Yelp Certificate will control. In the event of a conflict between the Yelp’s Terms of Service and these Consumer Terms, the Consumer Terms will control.

   The final determination that any provision of the Consumer Terms is invalid or unenforceable will not invalidate them as a whole, and the Consumer Terms will be construed and performed in all respects as if such invalid or unenforceable provisions were omitted to the extent of such invalidity or unenforceability. Any invalid or unenforceable provisions will be replaced by mutually acceptable, valid and enforceable provisions that most closely reflect the intention of the parties underlying the invalid or unenforceable provisions.

   Yelp Deals and Yelp Certificates are subject to the Consumer Terms that are in effect at the time of their purchase. You should read the applicable Consumer Terms in their entirety each time you purchase or redeem one.

© 2024 | Yelp Inc., 350 Mission Street, San Francisco, CA 94105, USA | www.yelp.com