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Agreement


USER AGREEMENT

DealSaving.com, (“DealSaving”), utilizes commission-based affiliate marketing from our merchant partners (“Affiliate Merchants”). To ensure that you, as a DealSaving.com Registered User (“User”), fully understand what your rights are as a User, and what our responsibilities are to you, we have created this User Agreement (“Agreement”). As a User of the DealSaving.com website (referred to herein as “DealSaving.com” or the “Site”), you agree that you have read, understood and agreed to the following “Terms and Conditions,” and consent to be bound by all of the “Terms and Conditions,” including any future amendments or updates thereto.

TERMS AND CONDITIONS

I. FORUMS

To post messages on our forums, you must choose a unique user name. Duplicate user names are not allowed, so if the name you enter is already in use, you will be prompted to choose another one. DealSaving, at its own discretion, may bar registration from any specific email service or ISP. Any message posted on our forums, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of DealSaving or any person or entity associated with it. While DealSaving may use moderators and administrators to monitor the content and appearance of messages and files posted in our forums, you acknowledge that DealSaving is under no obligation to do so. Considering the real-time nature of this bulletin board, it is impossible for us to monitor or review every message and file. You agree that neither DealSaving, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our forums. You agree that you will not use our forums to post any material, or links to any material, or to attach files, which includes material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You agree you will not post promotional information for a website or entity with which you are an affiliate, employee, owner, or otherwise receive any benefit from. Users who breach this provision are authorizing DealSaving forums to charge the sum of $1000.00 in advertising fees per violative post, plus any collection and legal fees involved in collecting the debt. You agree you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you or DealSaving.

You hereby grant DealSaving a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit and otherwise use content and information you post in our forums for any purpose and in any media now known or hereinafter developed. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Advertisements, referral programs, chain letters, pyramid schemes, solicitations and links to on-line gambling sites are also inappropriate on DealSaving forums. Any User who believes that a posted message is objectionable is encouraged to contact us immediately by clicking “alert moderator” next to any forum message. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately. DealSaving reserves the right to delete any message for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your messages, and that you will indemnify and hold harmless DealSaving and their agents and employees with respect to any claim based upon the appearance and/or transmission of your message(s).

II. ROBOTS

This site contains robot exclusion headers. Much of the information on DealSaving.com is updated on a real time basis and is proprietary or is licensed to DealSaving by our Users, Affiliate Merchants, or third parties. You agree that you will not exceed the limited access to the Site granted to you or use any robot, spider, scraper or other automated means to access DealSaving.com for any purpose without our express written permission. Additionally, you agree that you will not:

(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Site without the prior expressed written permission of DealSaving and appropriate third party, as applicable;(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

III. GENERAL PROVISIONS

1. Use of Online Coupons. DealSaving provides online coupons as a free service to its Users. DealSaving is not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on this site are subject to change without notice. DealSaving has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. DealSaving has no control over whether Affiliate Merchants will honor the offers shown on DealSaving.com, and does not guarantee the accuracy or completeness of the information contained on the website. In the event you have a dispute with an Affiliate Merchant in any way relating to the DealSaving.com website or the use of information from the website, you agree to waive and release DealSaving from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

2. DISCLAIMERS AND LIMITATIONS ON LIABILITY.

DealSaving.com IS BEING PROVIDED BY DealSaving “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DealSaving DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO DealSaving.com, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT DealSaving WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST DealSaving AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. DealSaving DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. DealSaving DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DealSaving ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE DealSaving CASH BACK BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL DealSaving BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF DealSaving.com; ANY ACT OR OMISSION BY DealSaving IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF DealSaving HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL DealSaving BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY DealSaving IN EXCESS OF THE CASH BACK EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD DealSaving, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF DealSaving.com, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.

3. Amendment to Agreement. THE “TERMS AND CONDITIONS” SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; DealSaving WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID “TERMS AND CONDITIONS,” INCLUDING ANY AND ALL UPDATES THERETO. DealSaving WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE DealSaving.com SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.

4. Compliance with Laws and Regulations. You agree to comply with all applicable laws, rules and regulations. You may participate in DealSaving.com if and to the extent that such participation is permitted by such laws, rules and regulations. DealSaving may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.

5. Proprietary Rights to Content. You acknowledge that DealSaving.com content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any DealSaving.com communication, advertisements or messages, whether by DealSaving, DealSaving.com or DealSaving’s advertiser’s or Affiliated Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by DealSaving, its advertisers and Affiliated Merchants, as the case may be.

6. Termination of Agreement.
(a) Any violation of the Terms and Conditions of this Agreement is grounds for termination of your user name, password and registration with DealSaving.com.
(b) DealSaving reserves the right to terminate your user name, password and registration, if your account is inactive for twenty-four (24) consecutive months.
(c) You may terminate your user name, password and registration at any time by sending an email to our 24 Hour Customer Service.

7. Notice. All DealSaving notices will be given by email, postal mail, or by general posting to the DealSaving.com website.

8. Waiver. DealSaving’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

9. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules, and you consent to exclusive jurisdiction and venue in the courts located in Alameda County, California for all matters in connection with this Agreement or your use of DealSaving.com.

10. DealSaving reserves the right to terminate your user name, password and registration, if your account has been associated with any legally questionable activity.

11. Severability of Provisions. Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.

[User Agreement last updated 11/18/2015]