Terms of Service

1. ACCEPTANCE OF TERMS

Thank you for using our services. Your use of our site (the "Site") and the services and features we offer (the "Services") is governed by and subject to these Terms of Service. The Site provides the Service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively the 'Terms').

We reserve the right to modify these terms by posting a notice on our website, or by sending you a notice via email, postal mail or phone. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of these Terms as modified.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS.

2. THE SERVICE

The Site provides users with access to a rich collection of on-line resources, including without limitation business web page hosting services, consumer web page hosting service, on and off-line advertising services, the ability to contact merchants from whom consumers or businesses seek deals, or connections and a fully-customizable site enabling you to select and aggregate third-party content for non-commercial personal use. . Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. REGISTRATION OBLIGATIONS

The Service is available to individuals who are at least 18 years old. If you do not so qualify, do not attempt to register for or use the Service. We may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

4. ACCOUNT USERS AND REGISTRATION OBLIGATIONS

In order to take advantage or use some of the features offered with the Services, you may be required to register and/or create an account with us. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. We reserve the right to close your account at any time for any reason or no reason, in our sole discretion.

 

In consideration of use of the Service, you agree to:

1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and

2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Additionally, you agree that if you provide false information to obtain access to the Site that you are not legally entitled to claim, we will be entitled to collect liquidated damages of $1000 per violation or actual damages incurred by us from you. You understand and agree that the service may include certain electronic and telephone communications from us, including but not limited to, service announcements, status reports, administrative messages and the our Newsletter, and that these communications are considered part of membership and (except as prohibited by applicable law) you may not be able to opt out of receiving them.

5. PRIVACY POLICY

For information regarding how we treat personal information of our users, please see our current, full privacy policy at /about/privacy. which is incorporated by this reference.

 

6. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. The Site does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Service to:

 

  • Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, a Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
  • Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Promote or use the Site for a commercial purpose for competitive products, except as expressly permitted by us;
  • Keyword spam or to otherwise attempt to manipulate search results;
  • Not to post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation and you agree to respect the privacy of others, including that of your favorite merchants, friends and followers, and the confidentiality of the information you may receive;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "Stalk" or otherwise harass another individual or merchant;
  • Collect or store personal data about users any individual or merchant (including for the purposes of advertising to or soliciting any user to buy or sell any products or services) other than customers who willingly provide such information in order to explore bona fide business opportunities or connections.

 

In case of any violation of the above, we have the right to cancel or rename your account and/or to block you from accessing our Site or Service. We also reserve the right to block the distribution of your Content or any third-party content through the Service.

 

By using the Service you agree to hold responsibility for all Deals that you submit. The Site has no obligation to monitor user submitted content. However, we reserve the right to refuse or to remove any materials posted in our sole discretion and without informing you. By your use of the Service, you agree not to post any materials containing unlawful, defamatory, violation to other person’s privacy, distributing of unsolicited advertising, sexual, racial or religious content.

In addition, you agree that all hyperlinks and other offers comprising the Service (e.g. hyperlinks provided in connection with the Site's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by us.

 

8. CONTENT SUBMITTED TO THE SITE

We do not claim ownership of the Content you place on the Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the website or otherwise through the Service, you:

 

  • Grant to the Site, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas or know-how embodied therein;
  • Represent and warrant to the Site that you own or otherwise control all rights to such content and that disclosure and use of such content by the Site (including without limitation, publishing content at the website) will not infringe or violate the rights of any third party; and
  • Acknowledge that the content may not be treated confidentially.

You agree not to provide the Site with any confidential or proprietary information that you desire or are required to keep secret.

You acknowledge that the Site does not pre-screen Content, but that the Site and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, The site and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 

9. INDEMNITY

You agree to indemnify and hold the Site, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

11. MODIFICATIONS TO SERVICE

The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that the Site, in its sole discretion, may terminate your password, Site, use of the Service or use of any other Site service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. The Site may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that the Site may immediately deactivate or delete all your related information and files in the Site and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.

 13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that the Site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. THE SITE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SITE (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

17. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.

18. COPYRIGHTS

The Site respects the intellectual property rights of others and we ask our users to do the same. 

19.OTHER POLICIES

Your use of the Site and Service is also subject to the other policies, disclaimers and guidelines we post on the Site from time to time.

 

20. GENERAL INFORMATION

The Terms constitute the entire agreement between you and the Site and govern your use of the Service, superseding any prior agreements between you and the Site (including, but not limited to, any prior versions of the Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with the Site's prior written consent. The Site may assign, transfer or delegate any of its rights and obligations hereunder without consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Site services, third-party content or third-party software. The failure of the Site to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.