Terms of Service
General
DealEra.com and, its subsidiaries and affiliates (collectively "DealEra.com")
provide you with access to this website and the services available
on this website, or other websites as indicated below, (collectively,
the "Services," which will be defined more under the Section,
"Services."). Access to and use of the Services is governed
by these Terms of Use (the "Agreement"). By accessing
or using the Services, you indicate your assent to be bound by the
Agreement, and your acknowledgment of and agreement to its terms.
Services
The Services include Coupons (located at www.DealEra.com) (the "Services").
The Services may also be located on third party websites and/or
applications either as a link from an add-on service to, or otherwise
in connection with, websites and/or applications that such third
parties control. Our Services enable you to find online coupons
and promotions available at third party merchant websites.
The Services act as a system or venue to introduce
you to sellers of goods and services. DealEra.com uses reasonable
efforts to ensure the availability of the information and content,
including links, that it makes available through the Services. However,
the Services are composed of promotional offers not controlled by
DealEra.com and, as such, these offers may change without the knowledge
of DealEra.com. DealEra.com does not control (i) the quality, safety
or legality of items available through or on its merchants' Web
sites or sites of third parties not in privity of contract with
DealEra.com, (ii) the truth or accuracy or legality of the content
from those advertisers or those third parties (even if such content
appears on the Services), (iii) the availability or technical capabilities
of their websites or links to those websites, or (iv) the availability
or terms of promotions offered by those third parties. DealEra.com
is not liable or responsible for content supplied or approved by
third parties, or for actions you might take in reliance on that
content. Nothing contained in any of the Services is an offer or
promise to sell a specific product for a specific price or that
any advertiser will sell any product or service for any purpose
or price or on any specific terms. DealEra.com does not guarantee
the price, terms, product, availability and/or services offered
by any advertiser. For all of the Services, DealEra.com is not involved
in any transactions between you and any of its merchants or advertisers,
and is not responsible for, and does not guarantee the price or
performance of any goods, services or information provided by merchants
or advertisers. If you have a dispute with one or more merchants
or advertisers, you agree to release and hereby release DealEra.com
(and DealEra.com's officers, directors, agents, subsidiaries, affiliates,
employees, successors, assigns, content providers and service providers)
from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such
disputes.
Only Personal Use is Authorized
Under this Agreement, DealEra.com gives you limited permission to
access and use the Services only for your personal use, and to copy,
distribute and transmit the content of the Services only to the
extent that such copying, distribution, and transmission is automatically
done through your browser software incidentally to using the Services
for your personal use. You may also print a copy of the information
displayed on the Services for your personal use. That means, that
except as set forth above, you may not modify, reformat, copy, display,
distribute, transmit, publish, license, create derivative works
from, transfer or sell any information, products, or service obtained
by your use of the Services. This restriction means, among other
things, that you may not mirror on your own website any portion
of the Services or display through your own website any results
pages or other information from the Services without DealEra.com's
express permission.
Your right to access the Services is subject to any limits
established by DealEra.com. You agree that you will not use any
automated means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor or copy the Services except
those automated means expressly made available by DealEra.com, if
any, or authorized in advance and in writing by DealEra.com (for
example, DealEra.com approved third party tools and services). The
DealEra.com websites may contain robot exclusion headers and you
agree that you will not use any device, software or routine to bypass
our robot exclusion headers, or to interfere or attempt to interfere
with the proper working of the Services. Without limitation to the
foregoing, you further agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our
infrastructure (as determined by DealEra.com).
The technology underlying, and content within, the Services
is owned by DealEra.com and/or its licensors (including DealEra.com's
merchants, advertisers and other content providers) and is protected
by copyright and other intellectual property or proprietary rights.
If you use the Services other than as provided above, you may violate
copyright and other laws of the United States, other countries,
as well as applicable state laws and may be subject to penalties.
That would not be a good thing. As between you and DealEra.com,
DealEra.com owns and retains all ownership of the technology underlying
and content within the Services, and reserves all rights not explicitly
granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND. DealEra.com DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
DealEra.com's Potential Liability for the Services is Limited
NEITHER DealEra.com NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT
PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE
OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES.
DealEra.com WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS
TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART
OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF DealEra.com,
ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT
OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY SUCH STATE LAW.
Defamation, Copyright and Trademark Claims
DealEra.com is a provider of an interactive computer services for
purposes of 47 U.S.C. section 230. As such, its liability for others'
conduct and information is limited as described therein.
In notifying DealEra.com of alleged copyright infringement,
you must include the following information: (a) A description of
the copyrighted work that is the subject of claimed infringement;
(b) A description of the infringing material and information sufficient
to permit DealEra.com to locate the alleged material; (c) Contact
information for you, including your address, telephone number and/or
e-mail address; (d) A statement by you that you have a good faith
belief that the material in the manner complained of is not authorized
by the copyright owner, or its agent, or by the operation of any
law; (e) A statement by you, signed under penalty of perjury, that
the information in the notification is accurate and that you have
the authority to enforce the copyrights that are claimed to be infringed;
and (f) A physical or electronic signature of the copyright owner
or a person authorized to act on the owner's behalf
DealEra.com does not arbitrate or resolve trademark disputes
among DealEra.com's merchants and advertisers or between those merchants
and advertisers and third parties. However, DealEra.com will promptly
comply with an order of a court of competent jurisdiction concerning
a trademark issue. DealEra.com occasionally receives requests to
remove listings from within the Services. DealEra.com reserves the
right to address such requests on a case-by-case basis.
Privacy and Data Collection
DealEra.com does not collect personally identifying information
from users of the Services unless users have explicitly given such
information to DealEra.com (for example, when you register at one
of our websites, sign up for our newsletter or when sending us an
e-mail with a question or as part of a contest). DealEra.com's information
practices are further described in its privacy policy. DealEra.com's
privacy policy is part of this Agreement, and you agree that use
of data as described in the privacy policy is not an actionable
breach of your privacy or publicity rights. If you have entered
into another agreement with DealEra.com (such as an Affiliate Agreement
or an Advertiser Agreement), then you may be subject to additional
or different provisions regarding privacy and data collection. If
you would like more information, please read our privacy policy.
You should consider any communication that you transmit to DealEra.com
(such as data, questions or answers, comments, or suggestions) as
non-confidential, and agree that DealEra.com will not be liable
or responsible if information that belongs to you is intercepted
and used by an unintended recipient.
Control over Features, Functions, and Access
to the Services
DealEra.com reserves the right to change any information, features
and functions of the Services without prior notice. DealEra.com
may deny you access to all or part of the Services without prior
notice if you engage in any conduct or activities that DealEra.com
determines, in its sole discretion, violate this Agreement, the
rights of DealEra.com or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of New
York without regard to its conflict of law provisions. DealEra.com's
failure to exercise or enforce any right or provision of the Agreement
will not be deemed to be a waiver of such right or provision. If
any provision of this Agreement 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 this
Agreement 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 Services must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement
or the Services will be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim must be arbitrated on
an individual basis, and must not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
must be conducted in New York, and judgment on the arbitration award
may be entered into any court having jurisdiction thereof. Either
you or DealEra.com may seek any interim or preliminary relief from
a court of competent jurisdiction in New York, as necessary to protect
the rights or property of you or DealEra.com.
Notice
You may direct any questions concerning this Agreement using this
form.
Amendment
DealEra.com may amend this Agreement at any time by posting the
amended terms on its Web site. This Agreement may not be otherwise
amended except in a written document signed by you and DealEra.com.
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