Revision Date: December 9, 2016
THIS AGREEMENT DESCRIBES THE TERMS AND PROVISIONS APPLICABLE TO YOUR USE OF OUR PLATFORM AND RELATED SERVICES AVAILABLE UNDER THE DOMAIN AND SUBDOMAINS OF DEEPERDEALS.COM, ANY OTHER DD WEBSITE, AND ANY AFFILIATED WEBSITES (COLLECTIVELY “DEEPERDEALS.COM” OR THE “WEBSITE”) AND APPLY GENERALLY TO OUR AFFILIATES, SUBSIDIARIES, JOINT VENTURERS, SUCCESSORS AND ASSIGNS. DD PROVIDES THE DEEPERDEALS.COM WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY AND REGULARLY AS IT LIMITS OUR LIABILITY AND LIMITS YOUR REMEDIES.
This Website is provided solely to assist registered and approved buyers with locating and purchasing third party goods from sellers that sell their Products on this Website. This Website and the service provided by this Website are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth in this Agreement.
In this Agreement, the following capitalized terms shall have the following definitions:
“You” refers to the individual or any authorized representative of the legal entity which completes this Agreement online and registers through this Agreement to access and use the Website in order locate and purchase Products from Sellers.
“Seller” means a third-party selling Products through the Website.
“Products” means products which are made available for purchase by Sellers through the Website.
“Buyer” means an individual or entity which purchases Products from Sellers through the Website, including You.
“Content” means the text, documents, information, data, platform, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, trademarks, trade names, service marks, trade dress, logos, icons, and other materials that are available on the Website, including Products.
WEBSITE ACCESS AND USE
DD grants you a limited, nonexclusive, revocable, and nontransferable license to access and use the Website only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Website; any rights or license not expressly granted herein are reserved.
You acknowledge and agree that before you can buy any Products from Sellers through the Website, you must first be approved by such Seller for the purchase of such Seller’s Products and you must provide DD with a valid business license or seller’s permit, a tax certificate/ID number, and sales and use tax documentation.
You acknowledge and agree that DD is simply a provider of a website platform which facilitates the sale of Products between Buyers and Sellers. DD is not the seller of any of the Products which are made available through the Website.
You further acknowledge and agree that the Products made available by Sellers through the Website constitute the wholesale purchase of clearance, obsolete, end of life, discontinued, and/or returned merchandise and that some or all of the Products may not be in resaleable/usable condition.
You further acknowledge and agree that the Products may vary from the general description and that the general description is for convenience only and is NOT a representation or acknowledgement by DD or Seller with respect to the Products. You acknowledge that no representations have been made by DD or Seller, or relied upon by you, in connection with the quality, quantity or capacity of the Products.
DD undertakes no responsibility for the quality of any Products purchased by you through the Website and that DD assumes no responsibility that the goods will be fit for the purpose for which you are buying these Products.
To register with us and use the Website, we require that you provide certain information, including, without limitation, your name, email address, username and password (collectively, your “Account Information”). You agree to provide true, accurate, current and complete information when you register. 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 have the right to deny, suspend or terminate your access and activity, and refuse any and all current or future use of this Website.
You are responsible for the security of your Account Information and will be solely liable for any use or unauthorized use that occurs on your account. You acknowledge that DD is not responsible for third party access to your account that results from theft or misappropriation of your account information and password and is not responsible for any losses arising out of the unauthorized use of your account. You must notify DD immediately of any breach of security or unauthorized use of your account. Although DD will not be liable for your losses caused by any unauthorized use of your account, you will be financially accountable for all use of the Website by you and anyone using your account. You agree to indemnify and hold DD harmless from and against any losses, damages, claims or liabilities relating to the improper, unauthorized or illegal uses of your account.
As a condition of your use of this Website, you represent and warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement and not for any unlawful purpose, (iv) you will only use this Website to make legitimate purchases of Products for yourself or on behalf of those persons for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) you will safeguard your DD account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Additionally, you agree not to:
(i) use this Website or its Contents for any commercial purpose other than the authorized purchase of Products from Sellers for resale to retail customers;
(ii) make any speculative, false, or fraudulent purchases;
(iii) access, monitor or copy any Content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of DD or any Seller related to this Website; or
(vii) decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where the Content on the Website is illegal or is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Products made available via the Website are delivered by third party sites and organizations, including Sellers. By reserving for purchase any Products through the Website, you hereby acknowledge and consent that DD may share such information and data with the Seller of such Products reserved by You.
PURCHASING PRODUCTS THROUGH THE WEBSITE
In order to purchase Products from Sellers through the Website, you must be approved by the Seller from which you intend to purchase Products. You acknowledge and agree that Seller, not DD, is the merchant of record for all orders, purchases, and transactions made through the Website.
Once approved, you can “reserve” Products which are available for purchase through the Website. Once reserved, the Products will no longer be displayed on the Website as available Products. Once you have reserved any Products, you are committed to purchasing the Products in accordance with the terms of sale outlined by the Seller and cannot cancel such transaction. Any subsequent claims for refunds, Product returns, exchanges, or any other claims arising out of or relating to any reserved Products must be addressed directly with the Seller. DD bears no responsibility whatsoever for any mistakes or inadvertent Product transactions initiated by you.
DD reserves the right, in its sole and complete discretion, to suspend or terminate your access to the Website in the event DD or any Seller determines that you are misusing the Website or engaging in any improper activities on the Website, including, without limitation, reserving Products without following through with payment, shipping Products to locations which are not approved by the Sellers of such Products, reselling any Products to other retail sellers, misrepresenting the Products to third parties, and/or violating any of the Seller Terms and Conditions (defined herein).
Seller is entirely responsible for all information appearing on the Website in connection with Seller’s Products, including prices, representations, descriptions, condition, and resalability. Any disputes between You and Seller regarding any Products purchased through the Website must be addressed directly with the Seller. DD takes no responsibility for the accuracy of such information and Buyer shall be entirely responsible for conducting its own due diligence of the Seller and Seller’s Products made available through the Website.
Unless the Seller otherwise extends separate payment terms for the purchase of any Products, you must wire payment for the reserved Products within 48 business hours or else any reserved Products will be removed from “reserved” status and made available again on the Website as available Products. Payment shall be made by wire transfer (or such other payment method as may otherwise be available through the Website). Credit cards are not accepted.
Following your reservation of Product, DD will send a confirmation e-mail that will provide general information about payment and information on retrieving the purchased Product.
You are solely responsible for and shall pay the costs of any and all transportation of Products purchased by you through the Website regardless of whether transportation is required for purchase or return. This includes any and all shipping and special handling costs whether foreseen or unforeseen. The transportation of Products is entirely between you and the Seller and DD does not bear any risk of loss relative to any Products nor bear any liability for any Product damage that may occur during transport. The transfer of title and risk of loss relative to any Products purchased through this Website is solely between you and Seller.
You acknowledge and agree that the transactions facilitated through the Website pursuant to this Agreement are commercial transactions and you agree to waive the protections of any applicable consumer protection law to the extent permitted by law.
You hereby certify, represent and warrant that no transactions between you and any Sellers through the Website are for your personal, family or household use or purpose. Any Product purchases by you is exclusively for your commercial business use and resale and is not subject to the collection of sales tax as part of your purchase of inventory for your business.
You shall be responsible for all taxes, tariffs, duties and applicable expenses based on any Product transactions occurring through the Website or otherwise arising out of relating to your use of the Website.
You hereby acknowledge and agree that each Seller is making a domestic sale of its respective Products to you. As such, you hereby certify that you have a registered business address in the United States of America.
If any purchased Products are exported, you, and not DD or Seller, shall be listed as the exporter of record on the United States Principal Party in Interest (“USPPI”) and you further agree to be solely responsible for compliance with all US export regulations, including but not limited to, US Export Administration Regulations, US Treasury Regulations and US Department of Defense Regulations, as applicable, and shall be responsible for and indemnify DD or applicable Seller for any fines, penalties or costs associated with your non-compliance with export regulations for which DD or applicable Seller becomes liable. You agree to provide DD with copies of customs declarations, ports of departure and ports of arrival information on request.
SELLER RULES AND RESTRICTIONS
Additional terms and conditions provided for by Sellers may apply to such Seller’s Products you purchase through this Website (“Seller Terms and Conditions”), including without limitation your ability to purchase such Products as well as the subsequent resale thereof. Please read any such Seller Terms and Conditions carefully. You agree to abide by any Seller Terms and Conditions imposed by any Seller, including, but not limited to, compliance with the Seller’s rules and restrictions regarding use and/or sale of a Product.
You acknowledge that Seller is not required to sell any merchandise to you and that you are not required to purchase any Products from any Sellers through this Website. DD makes no representations concerning the sale or availability of any Products reflected on the Website.
You agree that you will only offer a Seller’s Products for resale at retail locations which are expressly approved of by such Seller and will not purchase any Products for approved locations and ship to or sell at non-approved locations.
You agree to comply with resale restrictions and shall be responsible to ensure that any secondary purchasers comply with these restrictions. Any violation of these restrictions will result in immediate suspension and/or termination of your account and access to the Website.
You agree that DD or a Seller of Products purchased by you through the Website (or their representatives) may periodically inspect any of your business locations to verify your compliance with the terms of this Agreement.
You agree that as a condition of your continued use of the Website and your access to the Sellers and Products made available through the Website, you will not, either directly or indirectly, on your own behalf or on behalf of others, for the purpose of purchasing outside of the Website Products from Sellers on the Website, solicit the business of or conduct any sales transactions with any active Seller on the Website. Any violation of this provision will result in immediate termination of your account and access to the Website.
You acknowledge, understand, and agree that DD is not responsible for the quality, accuracy, or pricing of any Products from any Sellers or for the failure of a Seller to deliver Products purchase through this Website or for any mistake in the processing and handling of Products by Seller or you. Any disputes regarding Products purchased by you through this Website must be handled directly with the Seller. DD will not be responsible for maintaining or arbitrating any such dispute on your behalf and cannot guarantee any outcome or resolution.
DD AND/OR THE SELLERS ON THE WEBSITE MAY MAKE CHANGES TO THIS WEBSITE AT ANY TIME. DD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND PRODUCTS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS BY US.
ALL CONTENT ON THIS WEBSITE, THE SERVICES PROVIDED THROUGH THIS WEBSITE, AND PRODUCTS THE SALE OF WHICH ARE FACILITATED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. BUYER AGREES THAT THERE ARE NO WRITTEN WARRANTIES OR ANY WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS DOCUMENT.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, QUALITY, ACCURACY OR CURRENCY OF ANY CONTENT AND/OR PRODUCTS LISTED ON THIS WEBSITE OR ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.
The Content on this Website may include inaccuracies or errors, including pricing errors. DD does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the any products displayed on this Website (including, without limitation, availability of products, pricing, photographs, general product descriptions, etc.).
YOU USE THIS WEBSITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
LIMITATION OF LIABILITY
THE SELLERS PROVIDING PRODUCTS ON AND/OR THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF DD. DD IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SELLERS OR THEIR PRODUCTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. DD HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERSELLING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. DD IS NOT RESPONSBILE FOR THE QUALITY OF ANY SELLER’S PRODUCTS NOR FOR THE FULLFILLMENT OF YOUR PURCHASE WITH ANY SELLER, INCLUDING DELIVERY OF PRODUCTS AND WARRANTY OBLIGATIONS RELATING TO ANY PURCHASED PRODUCTS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY DISPUTES REGARDING PRODUCTS YOU PURCHASED THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION DISPUTES REGARDING QUALITY, DESCRIPTION ACCURACY, PRICING, PRIOR SALE, AVAILABILITY, CANCELLATIONS, DELIVERY, FAILURE TO DELIVER, OR MISTAKE IN THE PROCESSING OR HANDLING OF PRODUCTS, YOU WILL SEEK RECOURSE SOLELY AND EXCLUSIVELY THROUGH SELLER AND WILL NOT RAISE ANY SUCH DISPUTES WITH DD OR OTHERWISE SEEK TO JOIN OR INVOLVE DD IN ANY SUCH DISPUTES WITH A SELLER.
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES, NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OF, ATTEMPTED USE OF, OR INABILITY TO ACCESS THE WEBSITE OR ANY OTHER LINKED SITE OR ARISING OUT OF OR RELATING TO ANY PRODUCTS PURCHASED THROUGH THE WEBSITE.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CLAIMED LOSSES ARISING FROM ANY UNFORESEEN ERRORS OR INTERRUPTIONS THAT MAY CAUSE YOU TO BE UNABLE TO PURCHASE ANY PRODUCTS ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, WHERE MISPLACED, UNRECEIVED, OR UNCONFIRMED PRODUCT RESERVATIONS RESULTS IN PRODUCTS BEING SOLD TO ANOTHER PARTY.
If, despite the limitation above, DD is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of DD will in no event exceed, in the aggregate, the greater of (a) the commission fees earned by DD in connection with such transaction(s) on this Website giving rise to such liability, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. Some states do not allow for the limitation of liability, so the foregoing limitation may not apply to you.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Agreement shall inure to the benefit of DD and to its respective officers, directors, employees, representatives, attorneys, and agents.
We will use our reasonable commercial efforts to keep our Website and e-mail servers available on a 24-hour/7-day-a-week basis and our contact call centers available during normal business hours, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise or guarantee that access to the Website, e-mail, or our call center will be uninterrupted, continuous, successful, or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
If you encounter any problems with or complaints about the Website, please notify us as soon as possible so that we can promptly address them.
We make reasonable attempts to exclude viruses from the Website, but cannot ensure that the Website will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Website. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Website or downloading anything from the Website.
You agree to defend, indemnify and hold harmless DD (including its successors, assigns, affiliates, parents, subsidiaries and divisions, and each of their respective present and future officers, directors, employees, agents and/or independent contractors) from and against any and all claims, causes of action, damages, suits or proceedings (civil, criminal, administrative or investigative), demands, recoveries, obligations, losses, liabilities, judgments, expenses, settlements, fines, penalties or other costs, expenses, or relief sought of any kind or nature whatsoever (including but not limited to reasonable attorneys’ fees and costs and accounting fees) brought by any third parties which arise from or relate to:
- your use of and access to the Website;
- your violation of any term of this Agreement or any other policies in effect by DD with respect to the Website;
- any misrepresentations or breach of this Agreement, including any violation of any sales restrictions set forth in this Agreement;
- any sale or resale of Products acquired through the Website;
- any actual or alleged act of commission or omission by you and/or your successors, assigns, affiliates, parents subsidiaries and/or divisions, and/or any of their respective affiliates, successors, assigns, officers, directors, employees, agents, and independent contractors;
- your violation of any law or any third party right, including without limitation any copyright, trademark, property, or privacy right, related to the Products or a violation of any sales restrictions set forth in this Agreement
This defense and indemnification obligation will survive this Agreement and your use of the Website.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to websites maintained and operated by parties other than DD. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked websites. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website that you visit.
Furthermore, the links may lead to websites that contain offensive or objectionable content or contain computer viruses. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. You assume, and we hereby disclaim, all responsibility of any of the content on third party sites or for any damage sustained by users of these websites. DD is providing any links to you only as a convenience, and the inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
INTELLECTUAL PROPERTY INFORMATION
All Content on this Website, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, as well as the infrastructure used to provide such Content and information is proprietary to us and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us or by third-parties (including Sellers) that have licensed their content or the right to market their Products to you using this Website. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content that is presented on this Website.
All Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, information, software, products, or services obtained from or through this Website without the prior written consent of DD or as otherwise authorized by Sellers.
You may not use any registered or unregistered trademarks, service marks, or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, mirror, deep link, or otherwise incorporate into another website any of the Content or other materials on this Website without our express prior written consent.
Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of Content, except as authorized by this Agreement, is considered intentional infringement.
SOFTWARE AVAILABLE ON THIS WEBSITE
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CLAIMS OF COPYRIGHT INFRINGEMENT
DD respects the copyrights of others. If you believe in good faith that any third party content appearing on the Website infringes your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to Support@DeeperDeals.com for the fastest resolution.
You may also send us your notice using the contact information below:
Deeper Deals, LLC
Attn: Legal Dept., DMCA Complaints
205 E. Warm Springs Rd., Suite 108
Las Vegas, NV 89119
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees).
For any additional questions regarding the DMCA (Digital Millennium Copyright Act – “DMCA”) process for DD, please contact us at Support@DeeperDeals.com.
COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All Contents of this Website are © 2016 Deeper Deals, LLC. All Content, text, images, materials, and HTML code on this Website, and the compilation of all Content on this
Website, are the property of DD and protected by U.S. and International copyright laws and treaties, and all rights are reserved.
No material available on this Website may be copied, photocopied, reproduced, distributed, transmitted, displayed, published, broadcast, translated, downloaded, or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written consent of DD. Any other reproduction in any form without the permission of DD is prohibited. Distribution for commercial purposes is prohibited. DD is not responsible for content on websites operated by parties other than DD.
The DEEPERDEALS name and logo are service marks of DD. Other logos and product and company names mentioned on this Website may be the trademarks of their respective owners.
DD’s website processes and systems may be covered by one or more U.S. or foreign patents pending.
If you are aware of an infringement of our copyright, trademark, or patent rights, please let us know by e-mailing us at Support@DeeperDeals.com.
ASSIGNMENT / MODIFICATION
You can find the most recent version of this Agreement on the DD Website at http://deeperdeals.com/terms-conditions/
You may preserve this Agreement in written form by printing them for your records, and you waive any other requirement that this Agreement be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to email.
You agree that any dispute arising from or relating to the subject matter of this Agreement (including all disputes arising out of or relating to your use of the Website) shall be finally settled by arbitration in Clark County, Nevada, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. In any arbitration or other proceeding arising under this Agreement, you agree to pay any reasonable costs and expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred by DD in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. YOU AND DD IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF THIS AGREEMENT THAT ARE OTHERWISE SUBJECT TO BINDING ARBITRATION.
Notwithstanding the foregoing, DD shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief to protect its intellectual property or confidential or proprietary information.
This Website is operated by a U.S. entity and this Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, USA, without regard to conflict of laws provisions. For any disputes arising out of or relating to this Agreement (and not otherwise subject to binding arbitration), including all disputes arising out of or relating to your use of the Website, the parties irrevocably consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Las Vegas, Nevada (including for the purpose of compelling arbitration consistent with this Agreement). The prevailing party in any court proceeding brought by one party against the other party shall be entitled to recover its legal expenses, including, but not limited to, the court fees and reasonable attorneys’ fees. The rights and obligations of the parties shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. Service of process, summons, notice, or other document by mail (U.S. First Class Mail), facsimile (with written confirmation of receipt), or by e-mail (with written confirmation of delivery) to i) in the case of DD, DD’s address, fax, or e-mail address provided for in this Agreement or ii) in your case, your current mailing address, fax number, or e-mail address on file with DD as part of your Account Information, shall be effective service of process for any suit, action, or proceeding brought in any such court.
Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Website (including, but not limited to, any products or services provided or made available therein) must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes the entire agreement between you and DD with respect to this Website and your use of the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DD with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
You agree that no joint venture, partnership, or employment relationship exists between you and DD as a result of this Agreement or your use of this Website. Neither party has any authority to enter into any agreements on behalf of the other. The parties agree that this Agreement, the transactions facilitated pursuant to this Agreement and the relationship between DD and you shall be deemed arms-length. There shall exist no implied or otherwise unstated covenants, rights or obligations by, of or against either party. The parties expressly disclaim the existence of any implied covenant of good faith or fair dealing.
This Agreement will be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either party. The failure of any party to require performance of any provision of this Agreement will not affect its rights to require full performance thereof at any time thereafter, and a waiver by any party of a breach by the other of any such provision will not be taken to be a waiver of any subsequent or similar breach or as nullifying the effectiveness of such provision.
If you are a legal entity, then the person signing this Agreement on behalf of such entity represents and warrants that: (a) such entity is duly organized, validly authorized and in good standing, and possesses full power and authority to enter into and comply with the terms of this Agreement; (b) the execution and delivery, and compliance with the terms of this Agreement have been duly and validly authorized by all requisite corporate acts and consents and do not contravene the terms of any other obligation to which the entity is subject; and (c) this Agreement, when effective, will constitute a legal, binding and valid obligation of such entity, enforceable in accordance with its terms.
Any provisions of this Agreement which, by their nature and subject matter, involve obligations or transactions which occur or continue after the termination of this Agreement shall survive termination of this Agreement until fully performed.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are hereby reserved by DD.
If you have any questions or concerns about this Agreement or if you need further assistance with respect to access to or use of the Website or the products or services offered by DD, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
205 E. Warm Springs Rd., Suite 108
© 2017 Deeper Deals, LLC. All rights reserved.