Dealsbargain.com is a provider of online deals information (the "Services") regarding products and services available through third-party merchants ("Merchants"). These terms of service ("Terms") apply to use of the Dealsbargain.com website or the mobile version thereof (the "Site"). The Site is the property of RetailMeNot, Inc. ("Dealsbargain ", "we", "our", "us", etc.), which is located at 301 Congress Avenue, Suite 700, Austin, Texas 78701. By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you agree to abide by these Terms. If you do not agree to be legally bound by all the following terms, please do not access and/or use the Site or the Services.
Dealsbargain may change these Terms from time to time, at Dealsbargain's sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes to these Terms. Please periodically visit this section of the Site to review the current version of these Terms.
To utilize certain portions of the Site and Services, such as the Dealsbargain user’s forum, you may be required to complete a registration process and establish an account with Dealsbargain ("Account"). You represent and warrant that all information provided by you to Dealsbargain is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
As a registered user of the Site and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Dealsbargain immediately if you become aware of any unauthorized use of your Account(s).
Dealsbargain does not pre-screen any contributed content nor does Dealsbargain regularly review all contributed content, but Dealsbargain has the absolute right (though not the obligation) to remove, without notice, any content posted.
By posting any content, you represent and warrant (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or (b) such posted content is in the public domain, or (c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post to the Site, or transmit to other users of the Site, any of the following types of content: (a) adult content, pornography, explicit sexual images, or nude images; (b) content containing explicit, vulgar, or obscene language; (c) content promoting hate, abuse or destructive actions; (d) content promoting illegal activities; primarily political, religious, psychic, or metaphysical content; (e) content promoting pirated software; or (f) content intending for phishing or spreading malware.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICES, WHETHER SUCH INTERACTIONS ARE THROUGH PRIVATE MESSAGES, POSTS TO THE FORUM OR OTHER MEANS. DEALSBARGAIN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHER USERS. You understand and agree that Dealsbargain may review and delete any content (including private messages), in whole or in part, that in the sole judgment of Dealsbargain violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users.
By posting or contributing content to the Site using these Services, you are granting Dealsbargain a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site and Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of Dealsbargain's license rights to others.
Dealsbargain hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Site and the Services as provided by Dealsbargain2Buy solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, any one or more of the following:
(a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Site or Services; (g) violating or attempting to violate any security features of the Site; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services; (j) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Site; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of Dealsbargain; (l) tampering with the operation, functionality, or the security of the Site or Services; (m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services; (r) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Site; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this Site without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of Dealsbargain, including Dealsbargain.com, our Merchants or our services; (w) hyperlinking to the Site from any other website without our initial and ongoing consent; (x) using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Dealsbargain; (y) reselling or repurposing your access to the Site or any purchases made through the Site; or (z) using the Site or any of its resources to solicit other users of the Site, Merchants or other business partners of Dealsbargain to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Dealsbargain, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
Pursuant to 47 U.S.C. Section 230(d) as amended, Dealsbargain hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
All feedback, suggestions, ideas, and other submissions disclosed to Dealsbargain in connection with your use of the Site or Services (collectively, "Feedback") will be Dealsbargain's property. Such disclosure of Feedback will constitute an assignment to Dealsbargain of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. Dealsbargain will be under no obligation to maintain any Feedback in confidence, pay any compensation for any Feedback, or respond to any Feedback.
Dealsbargain makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted on the Site or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted on the Site. Dealsbargain is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted on the Site. Dealsbargain is not responsible for the change of information at third party sites including but not limited to rebate information, pricing, availability or fitness for use. You understand that Dealsbargain does not and cannot review all material made available through websites linked or linking to any part of the Site. Dealsbargain does not warrant that the Site or any functions contained in Dealsbargain content on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL DEALSBARGAIN 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 DEALSBARGAIN WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You understand that any linking to or from the Site does not imply in any way that Dealsbargain endorses or is affiliated with any third-party website. You agree that Dealsbargain bears no responsibility or liability for any content accessed or harm caused from any third-party website.
You agree that all of Dealsbargain 's trademarks, trade names, service marks, and other logos and brand features, including " Dealsbargain ", displayed on the Site ("Marks") are trademarks and the property of Dealsbargain. You agree not to display or use Dealsbargain 's Marks in any manner without Dealsbargain 's prior permission.
All right, title and interest in the Site and the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Dealsbargain or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site and the Services constitute a valuable trade secret and/or is the confidential information of Dealsbargain or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Site or the Services, in whole or in part. All content and materials included as part of the Site or the Services, 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 Dealsbargain 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 Dealsbargain 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 proprietary products and services provided pursuant to these Terms may cause Dealsbargain and its licensors irreparable injury, which may not be remedied at law, and you agree that Dealsbargain and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Site will comply with applicable copyright laws. If Dealsbargain receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access to the Site in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Dealsbargain 's Designated Agent to receive notification of alleged infringement under the DMCA is:
301 Congress Avenue, Suite 700
Austin, Texas 78701Attn: Legal Department
Upon receipt of proper notification of claimed infringement, Dealsbargain will follow the procedures outlined herein and in the DMCA.
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 Dealsbargain's Designated Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dealsbargain to locate the material;
3. Information reasonably sufficient to permit Dealsbargain to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
5. he following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Dealsbargain's Designated Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.
Upon receipt of such counter notification, Dealsbargain will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Dealsbargain will replace the removed material or cease disabling access to it in 10 business days. Dealsbargain will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, Dealsbargain will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
THIS SITE IS PROVIDED BY DEALSBARGAIN ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dealsbargain 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, DEALSBARGAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEALSBARGAIN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DEALSBARGAIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEALSBARGAIN 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.
You acknowledge and agree to indemnify and hold Dealsbargain, its affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, the infringement by you or made under your Account(s), of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the Site.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Dealsbargain from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
Dealsbargain disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. Dealsbargain reserves the right to modify, suspend, or discontinue the Services or access to the Site without any notice at any time and without any liability to you.
These Terms apply to use of and contribution to the Site and any account provided therefore. Dealsbargain may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
These Terms are governed by the laws of the State of Texas, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
We will make every reasonable effort to resolve any disagreements that you have with Dealsbargain. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Dealsbargain arising out of, relating to, or connected in any way with these Terms, this Site or the Services, 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"). You agree further that: (a) the arbitration shall be held in Austin, Texas; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Dealsbargain 's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dealsbargain will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) 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 (c) is found to be invalid, unenforceable or illegal, then the entirety of this Section 5.6 shall be null and void, and neither you nor Dealsbargain shall be entitled to arbitrate their dispute.
© 2018 Deals Bargain