PLEASE READ CAREFULLY.
Welcome to DealAM.com, an online deals information provider. By using this Site you consent and agree to the terms and conditions contained in this Agreement. These terms and conditions ("Agreement") applies to use of the DealAM.com website located at http://www.DealAM.com (the "Site"). The Site is the property of DealAM.com ("DealAM", "we", "our", "us", etc.). By using DealAM.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of DealAM.com. If you do not agree to be legally bound by all the following terms please do not access and/or use DealAM.com.
PRIVACY
Please review our Privacy Policy, which also governs your visit to DealAM.com, to understand our practices.
COPYRIGHT
All text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is the property of DealAM.com or its content suppliers and protected by United States and international copyright laws, and various other intellectual property rights laws. No part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without DealAM.com's prior express written consent. DealAM.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
TRADEMARKS
DEALAM® is a
LICENSE AND SITE ACCESS
DealAM.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DealAM.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DealAM.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DealAM.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing DealAM.com's name or trademarks without the express written consent of DealAM.com. Any unauthorized use terminates the permission or license granted by DealAM.com.
EXTERNAL LINKS
The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, DealAM' affiliates and strategic partners and other entities with which our connection consists of only a hyperlink ("Other Sites"). DealAM is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by DealAM, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. Your participation in the third party site is governed by their terms and conditions.
EMAIL, FEEDBACK; USER INFORMATION
When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
"User Information" is any information that you send or transmit via e-mail or other means to DealAM, its webmaster or employees or within a Forum (including, but not limited to, feedback, questions, comments, etc.). DealAM does not pre-screen User Information, and DealAM has the right (but not the obligation) to refuse or remove any User Information that is available through the Site in its sole discretion. DealAM will store your email ID and other personal information only when provided through 'Subscribe' page. DealAM will not store any personal information provided through any other page in this site. By using this Site, you hereby grant DealAM a world-wide, royalty free and non-exclusive license to: (a) use, reproduce, copy, modify, transmit, adapt, publish, translate, reformat, create derivative works from, distribute, publicly perform, and publicly display such User Information (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed; (b) publish your name in connection with the User Information; and (c) sublicense such rights to DealAM' subsidiaries, affiliates, and partners. However, your personally identifiable information will be treated in accordance with DealAM's Privacy Policy.
While DealAM.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL DEALAM.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DEALAM.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DEALAM.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEALAM.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEALAM.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEALAM.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DEALAM.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEALAM.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTE RESOLUTION THROUGH BINDING ARBITRATION
This Agreement mandates arbitration for any disputes, claims, or controversies arising from or relating to this Agreement, the Site operations, Programs, the Site Properties, and your relationship with us. It encompasses claims even post-termination. This arbitration clause extends to claims against DealAM.com employees, agents, or subsidiaries.
Arbitration is an alternative to court, utilizing a neutral arbitrator. The arbitrator's decision has limited court review. Any disputes regarding a claim's arbitrability or the interpretation, applicability, or validity of this Agreement fall under the arbitrator's jurisdiction. You acknowledge that the U.S. Federal Arbitration Act governs this agreement.
In the event of a significant change to this arbitration provision, you have thirty (30) calendar days from the change to reject it by written notice to Deal Savings LLC, 260 S Los Robles Ave, Suite 315, Pasadena, CA 91101. If rejected within this period, the prior arbitration provisions shall remain in effect.
CLASS ACTION WAIVER
BOTH PARTIES RELINQUISH THE RIGHT TO A JURY TRIAL AND AGREE TO BRING CLAIMS SOLELY IN INDIVIDUAL CAPACITIES. NEITHER CAN PURSUE CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS IN COURT OR ARBITRATION. THE ARBITRATOR CAN'T CONSOLIDATE CLAIMS OR ISSUE RULINGS ALLOWING THIS. IF THE "CLASS ACTION WAIVER" IS UNENFORCEABLE, IT REMAINS INTEGRAL TO THIS ARBITRATION AGREEMENT.
CHOICE OF LAW AND VENUE
This Agreement and the relationship between You and DealAM.com are governed by California State laws, without regard to conflicts of law. However, certain protections mandated by applicable law remain unaffected. Disputes shall be exclusively resolved in Los Angeles, California.
INFORMATION ACCURACY
While DealAM.com takes reasonable steps to present correct and accurate information, we cannot be responsible for the change of information at third party sites/shops offers including but not limited to rebate information, pricing, availability or fitness for use. The DealAM.com does not warrant that functions contained in DealAM.com content will be uninterrupted or error free, that defects will be corrected, or that DealAM.com or the server that makes it available are free of viruses or bugs. IN NO EVENT SHALL DEALAM.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS , REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DEALAM.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
INDEMNIFICATION
You agree to indemnify and hold harmless DealAM.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms and Conditions, or your violation of any law, regulation or third-party right.
GENERAL
No delay or failure to take action under this Terms and Conditions shall constitute any waiver by DealAM.com of any provision of this Terms and Conditions. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions will continue in full force and effect. This Terms and Conditions will bind and inure to the benefit of DealAM.com's permitted successors and assigns. Any claim under these Terms and Conditions must be brought within one (6) months after the cause of action arises. This Terms and Conditions is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms and Conditions shall be null and void. DealAM.com may freely assign this Terms and Conditions without consent or notice. This Terms and Conditions (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between DealAM.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
DealAM.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions, at any time. It is your responsibility to check this Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Terms and Conditions and any such modifications, DealAM.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
ACKNOWLEDGEMENT
You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.
CONTACT INFORMATION
If you have any questions regarding this Agreement or the Site, please contact DealAM through contact us page.
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