Terms and Conditions
Consumer Terms and Conditions
Last Updated: July 18, 2011
DealOn LLC, ("DealOn") owns and operates the website and all related services found at www.dealon.com, DealOn’s social media sites, and those that are available through co-brand, white label, partner or affiliate websites on which DealOn provides its services (collectively, the "Site" and the "Services"). These Terms and Conditions (the "Terms" or the "Agreement") of DealOn consist of terms relating to the use of the Site (the "Site Terms") and terms relating to the purchase of Deals (as defined below) (the "Deal Terms").
In addition, these Terms, will cover features, services, applications and functionality that are not presently available on the Site and that may become available in future. Therefore, these terms may be modified in the future, so please continue to review the Terms when using the Site and the Services. By continuing to access and use the Site or the Services after the Terms have been modified, you are agreeing to such modifications and any features, services, applications and functionality to the extent they become available on the Site. No one under the age of 13 may use the Site. In order to purchase any Deals (as defined below), you must be of legal age in your jurisdiction to form a binding contract. If you are over 13 but under 18, you may not purchase any Deals (as defined below) or use the Site or Services unless you have the consent of a parent or guardian and your parent or guardian agrees to this Agreement. The "Last Updated" date above will be changed to indicate the date of the latest version of the Terms.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE AND SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTES/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTES/ ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
The Site provides you and other consumers with opportunities to purchase products and services from third party advertisers (the "Advertisers") with a limited promotional added value (a "Deal").
1. How It Works
By purchasing a given Deal, you are purchasing the Deal subject to the terms, restrictions and conditions associated with that Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. DealOn will notify you by email when the Certificate (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so DealOn can collect information to allow you to pay for Deals and provide you with easy access to download and/or print your Certificate (as defined below), view your past purchases, and modify your preferences.
The Certificate you purchase through the Site is redeemable for goods or services by the Advertiser. While DealOn provides the Deals, the Advertiser, not DealOn, is the seller of the goods and services promoted in the Deal and is solely responsible for redeeming any Certificate you purchase.
2. The Certificate
Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged (the "Paid Value"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal (the "Promotional Value") (together, the Paid Value and Promotional Value portions of the Deal are presented in a "Certificate"). In the event you redeem your Certificate for (or the applicable Advertiser allows for redemption of) less than the full amount stated on the Certificate, your purchase will be allocated first against the Paid Value until it has a balance of zero dollars ($0.00) and then against the Promotional Value that is remaining.
3. Redemption Dates
The Certificate will have a Promotional Value Redemption Date (i.e., the date by which the Promotional Value must be redeemed). The Paid Value Redemption Date (i.e., the date by which the Paid Value must be redeemed) will be the later of the Promotional Value Redemption Date or the date required under the law(s) of the jurisdiction(s) in which the Advertiser is located (the "Applicable Laws"). Advertiser is obligated to honor the Certificate in compliance with all applicable laws. If the Advertiser refuses to honor the Certificate before the legally permitted expiration date, you should immediately notify DealOn, so that DealOn can seek to resolve the situation.
4. Deal Specific Terms
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such specific terms are prohibited by applicable law.
5. Global Terms
Unless otherwise stated in the Certificate or required by law, the following additional terms apply to all Certificates:
- no cash value for any Certificate;
- no cash back will be issued for partial redemption of the Paid Value of a Certificate, except as required by law;
- no cash back or credit will be issued for partial redemption of the Promotional Value of a Certificate;
- use of a Certificate for alcoholic beverages is at the sole discretion of the Advertiser (which may be limited by applicable state or provincial law), unless otherwise noted on the Certificate;
- Certificates cannot be combined with any other coupons or promotions unless otherwise noted in the Certificate;
- Certificates cannot be used for taxes, tips, prior balances, shipping or handling, as applicable;
- neither DealOn nor the Advertiser is responsible for lost or stolen Certificates or Certificate reference numbers;
- duplicate use, sale or trade of a Certificate is prohibited, except as required by law; and
- unless otherwise stated at the time a Certificate is purchased, the Certificate price does not include sales, value added or use taxes, which may be charged to you separately by the Advertiser at the time you redeem the Certificate.
6. Advertiser Responsibility
For clarity, the Site markets the Deals and DealOn acts as an agent in selling the Certificates on behalf of the Advertisers, and the Advertisers are the issuers of the Certificate. As issuer of the Certificate, the Advertiser shall be fully responsible for any and all injuries, illnesses, losses, damages, claims, liabilities and costs suffered by or in respect of you, caused in whole or in part by the Advertiser or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Certificates. By purchasing a Deal, you acquire the right to print a Certificate issued by the participating Advertiser and to use the Certificate according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Certificate is within your sole control and at your sole discretion.
You waive and release DealOn and its officers, directors, employees, affiliates and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Advertiser in connection with a Certificate, the services/goods provided in connection therewith, and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Certificates or any portion thereof.
7. DealOn Refer-a-Friend Program
DealOn provides a "Refer-a-Friend" program whereby Users are awarded $10 in credit towards the purchase of a future Deal if the referred person makes their first purchase within seventy-two (72) hours of the User’s referral. The number of purchases made by this individual will not impact the quantity awarded. The foregoing DealOn credit will be credited to User’s account the day after a purchase is made using User’s referral link. If unused, the credit will expire after 24 months from the date of its availability. The following rules will apply to your participation in such program.
- Only valid e-mail or other referral submission will be counted by DealOn. Each friend that registers using the "Refer-a-Friend" functionality link provided counts toward your grand total. There is a limit of up to $400 in credits that can be earned under this program.
- DealOn has, at its discretion, the right to disqualify any individual who tampers with the entry process or any entry where DealOn does not believe the referrals were properly acquired or are not considered to be real. Such circumstances may include:
- Sending unsolicited emails to strangers or people you do not know. Any SPAM complaints will result in your immediate disqualification and removal from the Site.
- Using temporary, fake, or unused email addresses as "referred" friends.
- Using any email account which is less than 20 days old.
- Using any of the DealOn’s trademarks or any variant in any type of paid or search advertising.
- Having the same individual sign up multiple times with different email addresses.
- Compensating individuals in any way for registering with a specified referral link.
- This feature is open only to legal residents of the United States who are 18 years of age or older. Void where prohibited by law. Any federal, state and local income taxes due to the receipt of such credit(s) are your sole responsibility.
- By participating, you release DealOn and its affiliates, and their respective directors, officers, agents, and employees, from any and all liability with respect to all aspects of the promotion and/or use of any credit.
- DealOn reserves the right, in its sole discretion to cancel, modify or suspend this program, for any or no reason. All credits earned prior to the cancellation of this program will be honored.
- DealOn is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature.
- Employees of DealOn, LLC and ReachLocal, Inc. and their families are not eligible to participate.
8. Promotions of the Deal Program
From time to time DealOn may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. DealOn reserves the right to interpret these rules in DealOn’s sole discretion, and you hereby agree to DealOn’s interpretation.
9. Products Available for Sale
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. DealOn reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Certificate for any product or service to a person residing in any jurisdiction or geographical area. DealOn does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
DealOn will provide a refund of the purchase price paid by you for any Deal within five (5) days after the purchase of a Certificate, provided that the Certificate has not yet been redeemed. After five days, DealOn does not provide refunds except that DealOn will provide a refund if you are unable to redeem a Certificate before the applicable redemption date of the Certificate because the relevant Advertiser has gone out of business.
11. Other Restrictions
Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Certificates specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person’s purchases. DealOn will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
You will be required to register for an account on the Site in order to take advantage of certain features of the Site and Services, such as purchasing Deals. If you choose to register on the Site, or if you otherwise provide information on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to DealOn that is false, inaccurate, outdated or incomplete, or if DealOn has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, DealOn has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.
User Account and Password; Security
If you choose to register for an account with DealOn, or to purchase a Deal from DealOn, you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account and other account or service codes issued to you, and are fully responsible for all activities that occur under your password or account. You agree not to use the account, username name or password of another member at any time or to disclose your password to any third party. You agree to (a) immediately notify DealOn of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DealOn (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
User shall be responsible for obtaining and maintaining all hardware, other equipment and software, other than that provided on the Site, needed for access to and use of this Site and the Services, and all charges related thereto. DealOn shall not be liable for any damages to the User’s equipment resulting from the use of this Site.
User acknowledges that, although the Web is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of DealOn, and DealOn shall not be responsible for any data lost while transmitting information on the Web. While it is DealOn’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of DealOn, access to the Site may be interrupted, suspended or terminated from time to time.
DealOn will generally communicate with its Users by electronic means, including, without limitation, by email. As a User, you give consent that all agreements, notices, disclosures and other communications that DealOn provides to you electronically satisfy any legal requirement that such communications be in writing. Upon registration, you consent to receiving these and other forms of electronic correspondence about account activity and purchases, as well as Site updates and promotional Deals. You may opt-out at anytime by clicking the unsubscribe link at the bottom of any electronic correspondence or emailing us at email@example.com. However, even if you unsubscribe, we will still be permitted to email you regarding any matters pertaining to your User Account.
Submissions and License Grant
In the event that DealOn provide users with any venues to submit opinions, reviews, ratings, information, ideas, suggestions, communications, concepts, images, photos, videos, audio content, or other material or content (collectively, "Submissions") on the Site (collectively, "Venues", and including, but not limited to, bulletin boards, chat rooms, surveys or invitations to email DealOn with questions or comments), you represent and warrant that any such Submissions are 100% your original work and are accurate and current. You represent and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's intellectual property rights or rights of privacy or publicity, or otherwise violate any applicable law or right. You represent and warrant that you will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining written permission of the owner of such rights. You represent and warrant that the Venues will not be used by you for any commercial purposes. You represent and warrant that you will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You further agree that all "moral rights" that you may have in any submitted content have been voluntarily waived by you.
You agree that any Submissions submitted by you to the Site through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by DealOn without restriction. Without limiting the foregoing, by providing any Submissions through the Site, you grant to DealOn the worldwide, perpetual, fully paid up and royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sell, sublicense (including through multiple tiers of sublicensees for the full term of any copyright that may exist in such material, as applicable), and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to, or permission from, you or any third party. You also permit any other user to access, view, store or reproduce the material for that user’s personal use.
You also acknowledge and agree that DealOn may obtain many Submissions on this Site, and may otherwise develop on its own (or through third party vendors it engages) ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other Submissions you make to the Site, and you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other materials, content or works used by DealOn based on any similarity with any Submissions made by you on this Site.
DealOn reserves the right, in its sole discretion, to edit or remove any Submission, and to choose to include or not include such Submission in any Venue for any reason. DealOn is not responsible for screening, monitoring or verifying any Submissions (subject to the "Copyright Agent" paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of DealOn. DealOn does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Site.
Though DealOn strives to enforce these rules with all Users, you may be exposed through the Site or Services to content that violates DealOn’s policies or is otherwise offensive. You acknowledge and agree that you use the Site and Services at your own risk. DealOn may, but is not obligated to, monitor and/or terminate User accounts and/or remove content from the Site if DealOn determines or suspects that those accounts or Content violate these Terms or the applicable agreement with the offending User(s). DealOn takes no responsibility for your exposure to Content on the Site whether it violates DealOn’s content policies or not.
The foregoing provisions apply equally to and are for the benefit of DealOn, its subsidiaries, affiliates, Advertisers and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Links to Third Party Sites
Deals (as defined below) may be made available to you through links available on third-party web sites ("Third-Party Portals"). While DealOn may have posted the Deal on such Third-Party Portal, DealOn is only responsible for such content provided by it and not for any other content, products, or services on, or the practices of, such Third Party Portal. If you accessed this Site through a link from a Third-Party Portal or if this Site provides links to any third-party sites, you agree that DealOn has no control over the content on such sites AND YOU AGREE THAT DEALON IS NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES PROVIDED ON SUCH THIRD-PARTY PORTALS. DEALON IS NOT RESPONSIBLE FOR AND DOES NOT PROVIDE ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD PARTY PORTALS. YOU RELEASE DEALON FROM ANY DAMAGES, INJURY, OR OTHER LOSS THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST DEALON ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD PARTY PORTALS.
Social Media Sites
Materials on the Site
You acknowledge that all materials on the Site, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by DealOn and/or its suppliers or licensors, all rights reserved. DealOn authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without the prior written permission of DealOn or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Site, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Site for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Site (including, without limitation, the DealOn trademark and logo) are the sole property of DealOn and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of DealOn or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of DealOn and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of DealOn. DealOn will enforce its intellectual property rights to the fullest extent of the law.
If you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you shall provide DealOn with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for DealOn’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
21700 Oxnard Street
Woodland Hills, CA 91367
DealOn may change or discontinue the Site or any of the Services at any time without prior notice. DealOn reserves the right to terminate this Agreement at its election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the Terms. In the event of termination, any provisions herein that should by their nature survive termination shall continue (e.g., Indemnification). Without limiting the foregoing, DealOn shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which DealOn, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. In the event of any termination, you will immediately cease access to the Site and Services. Any Certificate issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Certificate.
Disclaimers and Limitation of Liability
DealOn makes no representations or warranties of any kind, expressed or implied, as to the operation of the Site or to the content, information, products, or services featured on the Site. DealOn provides this Site on an "as is" and "as available" basis.
User agrees to use this Site at User’s own risk. User expressly understands and agrees that DealOn, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing DealOn Content will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability.
DEALON ALSO, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY LIABILITY ARISING FORM AND RELATED TO THE GOODS OR SERVICES COVERED BY ANY DEAL THAT YOU MAY PURCHASE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE ADVERTISER IS SOLELY RESPONSIBLE FOR ADDRESSING ANY DEFICIENCIES ASSOCIATED WITH OR LIABILITIES ARISING FROM ITS GOODS OR SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DEALON OR RELATED TO THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL DEALON’S LIABILITY, OR THE LIABILITY OF DEALON’S AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR ADVERTISERS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID DEALON DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. UNDER NO CIRCUMSTANCES SHALL DEALON, ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DEALON OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Reservation of Rights and Release
DealOn reserves the right, but has no obligation, to monitor, or take any action DealOn deems appropriate regarding disputes that you may have with other customers of DealOn, users of the Site or Services, or any Advertisers. To the extent the law permits, you release DealOn from any claims or liability related to any content posted on the Site and from any claims related to the conduct of any other customers of DealOn, users of the Site or Services or any Advertisers. 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."
You agree to indemnify, defend, and hold harmless DealOn, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all claims, obligations, losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (i) your use of and access to the Site and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
It is DealOn's goal that the Site and the Services meet your expectations and live up to our promises to you. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, DealOn is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with DealOn, you acknowledge and agree that you will first give DealOn an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following link: firstname.lastname@example.org.
You then agree to negotiate with DealOn in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after DealOn’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Site, the Services, and these Terms, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate DealOn’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by DealOn and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with DealOn as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, DealOn agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take Claims to small claims court, if your Claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do not agree to this mandatory arbitration provision with regard to any particular Deal, then prior to purchasing that Deal you may opt-out of this part of the Agreement by emailing email@example.com, please give us your name and contact information.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND DEALON BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Site, the Services, or this Agreement be instituted more than one (1) year after the cause of action arose.
You and DealOn are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without DealOn’s prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. DealOn’s failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. DealOn’s rights under this Agreement will survive any termination of this Agreement.
You agree that the Terms constitutes the entire, complete and exclusive agreement between you and us regarding the Site and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.