Privacy Policy
Privacy Policy
deal-discovery.com Terms of Service Last Updated: December 2016 1. THIS IS AN AGREEMENT BETWEEN YOU AND deal-discovery.com These Terms of Service (“Terms” or “Agreement”) govern your access to and use of deal-discovery.com’s Internet-based services (“Services”), including, without limitation, Internet navigation assistance web pages or application results containing search results, localized events pages, and other content offered through deal-discovery.com, as well as any web page or mobile application that links to or references these Terms (collectively, “deal-discovery.com Web Pages”).
The Services may provide paid advertisements, listings, or other sponsored information in addition to unpaid search results. Sponsored advertisements, listings, and sponsored information may be given priority over unpaid listings. Please read these Terms carefully. By accessing or using the Services and/or deal-discovery.com Web Pages, you personally, or on behalf of the entity on which you are using our Services, (collectively, “you” or “your”) are accepting all the terms and conditions of this Agreement and are concluding a legally binding agreement with deal-discovery.com (“deal-discovery.com,” “us,” or “our”). deal-discovery.com, its affiliates, and its and their respective employees, officers, directors, and representatives shall collectively be referred to herein as the “deal-discovery.com Parties.” If you do not accept these Terms, do not use the deal-discovery.com Web Pages and/or Services, and if applicable, delete our mobile application(s) immediately.
Any capitalized terms in these Terms not defined herein shall have the meanings ascribed to them in our Privacy Policy or Service-Specific Rules (as defined below). deal-discovery.com OFFERS THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 16-19); AND AN EXCLUSIVE REMEDY (See Section 18). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
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CHANGES TO THESE TERMS
These Terms may change from time to time, and those changes will be available for your review on most deal-discovery.com Web Pages that you view, and on our web page located at https://deal-discovery.com?page=terms-service/. We will post any changes to the Terms on this website and, if the changes are significant, we will provide a more prominent notice. You should revisit these Terms on a regular basis. You understand and agree that your access to or use of the Services and/or deal-discovery.com Web Pages is governed by the Terms effective at the time of your access to or use of the Services and/or deal-discovery.com Web Pages. Your continued use of our Services or deal-discovery.com Web Pages after any changes have been made will signify your assent to the changed Terms.
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ADDITIONAL TERMS
Additional terms may apply to the use of some Services and are disclosed in the form of the posted guidelines or rules applicable to such Services (the “Service-Specific Rules”), which may be modified from time to time. All such Service-Specific Rules are hereby incorporated by reference into and form part of, this Agreement. If any provisions of this Agreement conflict with any Service-Specific Rules, the terms of the applicable Service-Specific Rules shall control.
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USING THE SERVICES
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GRANT OF RIGHTS
Subject to your compliance with these Terms, deal-discovery.com grants you a limited, non-exclusive right to use the Services, including any content available to you via the Services, only as permitted in these Terms. The deal-discovery.com Web Pages are for your personal, non-commercial use only.
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USER ACCOUNTS
In order to take advantage of certain features of the Services (including, without limitation, the posting of reviews of businesses and the receipt of newsletters and special offers from deal-discovery.com), you may be required to create an account with deal-discovery.com (a “deal-discovery.com Account”). You represent and warrant that all registration information provided by you in connection with accessing and/or using the Services is true, accurate, current and complete at the time of registration and you undertake to update all such registration information if at any time during your use of the Services it becomes untrue or inaccurate. deal-discovery.com’s use of any Personal Information that you provide to deal-discovery.com during the account creation process is governed by deal-discovery.com’s Privacy Policy, which may be reviewed at https://deal-discovery.com?page=privacypolicy. Please note that others may be able to identify you include any identifying information as part of your User-Generated Content, as defined in Section 5 below. When you create a deal-discovery.com Account, you agree to take full responsibility for maintaining the confidentiality of your deal-discovery.com Account user name and password, and for all activity that is generated by your deal-discovery.com Account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your deal-discovery.com Account. You agree to immediately notify deal-discovery.com of any unauthorized use of your deal-discovery.com Account or any other breach of security.
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ELIGIBILITY
The Services and deal-discovery.com Web Pages are not intended for users under the age of 18. Users under the age of 18 are expressly prohibited from creating a deal-discovery.com Account with deal-discovery.com. By creating a deal-discovery.com Account or using the Services, you represent and warrant that you are at least 18 years old, are of adequate legal competence and/or capacity to enter into and abide by these Terms with deal-discovery.com, are not creating a deal-discovery.com Account in order to compete with deal-discovery.com, and are not otherwise prohibited from using or receiving the Services in accordance with these Terms.
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NO UNLAWFUL OR HARMFUL USE OF THE SERVICES
You represent and warrant that your usage of the Services will only be for lawful purposes and will be done in accordance with these Terms, any applicable Service-Specific Rules, and all applicable laws generally. You also represent and warrant that you will not use any of the deal-discovery.com Web Pages or Services to violate any law, regulation or ordinance or any right of deal-discovery.com or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right.
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COMMUNICATIONS FROM deal-discovery.com AND OTHER PARTIES
By creating a deal-discovery.com Account, you are deemed to have “opted-in” to all tracking, collection, use and sharing permitted under our Privacy Policy at: https://deal-discovery.com?page=privacypolicy. You also agree to receive emails from us relating to your deal-discovery.com Account, Services, promotions, and offers, including third-party offers. You can opt-out of receiving non-essential emails from deal-discovery.com by clicking on the “opt-out” link within any email or by contacting us at deal-discovery.com.
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BUSINESS INFORMATION
By submitting Business Information to deal-discovery.com (including by claiming any business listings at: https://deal-discovery.com?page=claim-your-listing/), you consent to having your Business Information used, sold or otherwise distributed by deal-discovery.com to third parties as permitted in our Privacy Policy at https://deal-discovery.com?page=privacypolicy. “Business Information” is defined as a business name, website URL, telephone number, physical address, email address, description of the business, service areas, business category and/or keyword information, credit card information, and other contact information. deal-discovery.com will comply with applicable laws at all times in our use, sale, or distribution of Business Information. Some Business Information may be Personal Information. By submitting Business Information to deal-discovery.com, you consent to receive auto-dialed and/or pre-recorded telemarketing calls from or on behalf of deal-discovery.com or its Partners at the telephone number provided as part of such Business Information. You represent and warrant that you are authorized to disclose such Business Information to deal-discovery.com. You additionally represent and warrant that any Business Information provided to deal-discovery.com does not and shall not contain any residential contact information, including any residential landline or cellular telephone numbers.
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GRANT OF RIGHTS
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CONTENT
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RESPONSIBILITY FOR YOUR USER-GENERATED CONTENT
Certain of the Services may permit you to use your deal-discovery.com account to submit reviews (“Reviews”), commentary, postings on message boards, data, text, files, links, software, chat content, music, sound, photographs, graphics, images, video, communication, messages or other materials and terms of expression (collectively “User-Generated Content”). User-Generated Content expressly excludes any Personal Information and/or confidential information that you provide to deal-discovery.com during the deal-discovery.com Account registration process in Section 4 above. You agree that you will only post User-Generated Content that you are legally entitled to publish, and Reviews that you believe to be true, and that you will not purposely provide false or misleading information in your Reviews. Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or otherwise make such materials available on or through the Services. You are solely responsible for complying with all laws applicable to any User-Generated Content you submit to the Services, including any Reviews, and for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary rights, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services, including without limitation any Reviews. You are solely responsible for any User-Generated Content submitted to the Services from your deal-discovery.com Account and acknowledge and agree that your User-Generated Content cannot always be withdrawn. deal-discovery.com reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services. deal-discovery.com reserves the right but has no obligation, to monitor disputes between you and any business that you have reviewed. deal-discovery.com reserves the right in its sole discretion and without obligation to monitor all User-Generated Content to ensure conformity with these Terms and any other rules, policies or regulations as may be promulgated by deal-discovery.com from time to time it its sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over deal-discovery.com. BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY deal-discovery.com. EXCEPT FOR deal-discovery.com ACCOUNTS CREATED PURSUANT TO SECTION 4 ABOVE, deal-discovery.com CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL.
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CONTENT GUIDELINES
deal-discovery.com has the right, but not the obligation, to refuse to post, edit, delete, truncate or to remove any User-Generated Content for any reason, including if the User-Generated Content contains any of the following: Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech) References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.) Reviews submitted by the reviewed business’ employees (past or present) or competitors, as determined by deal-discovery.com Reviews that do not address the goods and services of the business or Reviews with no qualitative value (e.g., “this place is great!”), as determined by deal-discovery.com in its sole discretion. Content commenting on other users or violating the privacy of other users, as determined by deal-discovery.com, in its sole discretion Content that contains personal attacks or describes physical confrontations and/or sexual harassment References to excessive damage caused by business or service to person or property Personal information or messages including, without limitation, email addresses, URLs, phone numbers and postal addresses Messages that are advertising or commercial in nature, amount to spam, or are otherwise inappropriate based on the applicable subject matter Language that violates the standards of good taste or the standards of this website, as determined by deal-discovery.com in its sole discretion Content determined by deal-discovery.com to be offensive, illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information Content that otherwise violates these Terms, or any Service-Specific Rules, or that may harm or threaten the safety of other users of the Services Content that is false or intentionally misleading Nothing set forth above shall alter or diminish your responsibility with respect to your User-Generated Content, as discussed herein. Reviews do not reflect the views of deal-discovery.com or any deal-discovery.com Parties. deal-discovery.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of a Review. You acknowledge and agree that, with respect to any conduct within the Services, deal-discovery.com assumes and shall have no liability for any action or failure to act on the part of deal-discovery.com. We are under no obligation to enforce the Terms on your behalf or against another user.
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OUR RIGHT TO USE YOUR CONTENT; DERIVATIVE WORKS
You hereby grant deal-discovery.com, its subsidiaries, and/or affiliated companies an irrevocable, unrestricted, royalty-free and perpetual worldwide license to use, reproduce, broadcast, modify, adapt, translate, transmit, sell, store, privately and publicly display, privately and publicly perform, create derivative works based upon, distribute, and promote any and all User-Generated Content that you submit, upload, post, send to or through all or any portion of the Services, including without limitation, both within the Services and such other products or services as deal-discovery.com may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. To the extent you submit to deal-discovery.com any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party. You also permit any user of the Services or deal-discovery.com Web Pages to access, display, view, store and reproduce such User-Generated Content for personal use. You waive any right to inspect or approve uses of any User-Generated Content you submit or to be compensated for any such uses. deal-discovery.com is under no obligation to give credit or pay any consideration to you for User-Generated Content. You agree that deal-discovery.com owns all right, title, and interest in any compilation, collective work or other derivative work created by deal-discovery.com using or incorporating your User-Generated Content, irrespective of any right, title or interest you or others may retain in your User-Generated Content. By submitting User Generated-Content to or through the Services, you represent and warrant that
(i) you have the right to grant any and all necessary licenses and rights provided herein, including without limitation, all necessary copyright and other related rights to the User-Generated Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, and
(ii) the User-Generated Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation. deal-discovery.com does not owe you any payment with regard to any feedback, ideas, suggestions, or anything else about the Services contained in any User-Generated Content. -
ADVERTISING
You understand and agree that the Services may include advertisements and that these advertisements are necessary for deal-discovery.com to provide the Services. deal-discovery.com relies on its advertisers for the accuracy and completeness of such advertising. deal-discovery.com and its Partners (as defined in our Privacy Policy) may publicly display advertisements and other information adjacent to or included with your User-Generated Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
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RESPONSIBILITY FOR YOUR USER-GENERATED CONTENT
6. PROHIBITED ACTIVITIES
Without limiting the generality of Section 5, you will not use the Services, or any deal-discovery.com Web Page (i)
to
violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law
or
to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or instant messages, (iv) to
transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or
objectionable materials or information, (v) to falsify your identity or impersonate another person; or (vi) to
engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any
way,
as determined by deal-discovery.com in its sole and absolute discretion. You will not send automated queries of any
sort
to the Services without express permission in advance from deal-discovery.com. Please note that “sending
automated
queries” includes, among other things;
(a) using any software that sends queries to the Services to determine how a web site or web page “ranks”
on the Services for various queries;
(b) “meta-searching” the Services;
(c) performing “offline” searches on the Services; and
(d) using software robots, spiders, or other tools to “scrape” or automatically copy any portions of
the
Web Site or Services. You may not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the
deal-discovery.com Web Pages, any portion thereof, or any services or products available thereunder for commercial
purposes. You may not use the deal-discovery.com Web Pages in any way that harms deal-discovery.com, its affiliates,
resellers, distributors, advertisers, service providers and/or suppliers (each, a “deal-discovery.com Party”
and collectively, the “deal-discovery.com Parties”) or any customer of a deal-discovery.com Party, as
determined
in deal-discovery.com’s sole discretion. Without limiting the generality of this Section, you will not use the
deal-discovery.com Web Pages in any manner that could damage, disable, overburden, or impair any deal-discovery.com Web
Page
(or the network(s) connected to any Internet Web Page) or interfere with any other party’s use and
enjoyment
of the Services. Your use of the Services does not give you ownership of or any rights to any materials or
content
that may be provided to you in connection with your use of the Services, all of which is owned by deal-discovery.com,
its
Partners, or other entities.
You agree not to:
(1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of,
extract information from, provide or distribute others with any portion of the deal-discovery.com Web Pages or
Services,
or any information available on, extracted or derived from the deal-discovery.com Web Pages or Services, or any part
thereof;
(2) connect, use, attempt to connect or use in any way the Services, for purposes other than your private,
personal
use in good faith and as explicitly offered on our website, including without limitation for any commercial
purpose,
such as, for instance, sending unsolicited communications of any type or nature;
(3) interfere, block, disable or otherwise affect any advertising, advertising element, advertisement banner
window,
links to other sites and services, or other features that constitute an integral part of the Services; and
(4) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into
any
software, program or product that communicates, accesses, or otherwise connects with the Services or any other
instant messaging, Internet, or online service. Finally, you may not assist, encourage, enable, or authorize or
assist any third party to do any of the things described in this section.
7. TERMINATION; VIOLATIONS; SURVIVAL
deal-discovery.com may terminate these Terms, or terminate or suspend your access to the Services and/or
deal-discovery.com
Web Pages at any time, with or without cause, and with or without notice. Upon such termination or suspension,
your
right to use the Services will immediately cease. If you violate these Terms in any way, including, without
limitation, by repeat infringement of copyrights, deal-discovery.com may, at its sole discretion, terminate your
account,
remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and
promotions), or take any other action that deal-discovery.com believes is appropriate. deal-discovery.com may investigate
violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of
the
Services or deal-discovery.com Web Pages who are involved in such violations. If your access to the Services is
terminated, deal-discovery.com may exercise whatever means it deems necessary to prevent unauthorized access to the
Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your
Internet
service provider. In the event of termination of these Terms, whether by us or you, these Terms shall survive in
full force and effect indefinitely, including our right to use your User-Generated Content unless and until
deal-discovery.com chooses to terminate such Terms, regardless of whether you close your deal-discovery.com Account or
whether
you continue to use the Services and/or deal-discovery.com Web Pages.
8. deal-discovery.com POLICIES
a) PRIVACY - You represent that you have read and understood our Privacy Policy located at
https://deal-discovery.com?page=privacypolicy, and that deal-discovery.com may collect, use and share your information in
accordance with such Privacy Policy.
b) COPYRIGHT INFRINGEMENT CLAIMS - deal-discovery.com respects the intellectual property of others and asks its
users,
advertisers, licensors and service providers to do the same. If you believe that your work has been copied and
is
accessible on or through the Services in a way that constitutes copyright infringement, go to
https://deal-discovery.com?page=copyright for instructions on how to report copyright infringement to
deal-discovery.com.
c) MOBILE APPLICATIONS - You represent that you have read and understood our Mobile App Terms of Service located
at
in connection with your use and/or download of our mobile applications.
9. USE OF USER-GENERATED CONTENT
deal-discovery.com does not control, verify or endorse any User-Generated Content posted by third-parties on the
Services
or deal-discovery.com Web Pages, and does not guarantee the accuracy, integrity, timeliness or quality of such
content.
You understand that, by using the Services or accessing the deal-discovery.com Web Pages, you may be exposed to
content
that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated
with
the use of any content on the Services, including any reliance on the content, integrity, and accuracy of such
content. If you see objectionable content or have any questions about this Agreement, please contact
deal-discovery.com
at deal-discovery.com.
10. PROPRIETARY INFORMATION
As you use the Services, you should expect to receive, access or use information, text, materials, graphics,
software, sound, data, advertising, and other content (collectively, “Content”) provided by
deal-discovery.com and other deal-discovery.com Parties. You acknowledge and agree that the deal-discovery.com Web Pages and
any
Content, Services or software available through or used in connection with the deal-discovery.com Web Pages,
including
without limitation proprietary databases, software, servers, components, and algorithms necessary to operate and
provide the Services, contain proprietary and confidential information that is owned by one or more
deal-discovery.com
Parties, and is protected by applicable intellectual property and other laws. You further acknowledge and agree
that
Content made available via the Services or deal-discovery.com Web Pages, but provided by third parties may be subject
to
separate terms and Conditions established by those third parties. deal-discovery.com’s formatting of such
content,
including the selection of such available content, and its arrangement, enhancement, and coordination is
copyright
protected by deal-discovery.com. You further acknowledge and agree that Content contained in advertisements or
information presented to you through the deal-discovery.com Web Pages or by advertisers is protected by copyright,
trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the
appropriate deal-discovery.com Parties, you agree not to modify, rent, lease, loan, sell, publish, transmit,
distribute,
create derivative works based on, or in any way exploit the Services, the deal-discovery.com Web Pages, or any
Content
available through or used in connection with the deal-discovery.com Web Pages, in whole or in part. You are not
permitted
to store any portion of the content of the Services in a computer unless it is for personal and non-commercial
use.
11. TRADEMARK INFORMATION
You acknowledge and agree deal-discovery.com® and other deal-discovery.com logos, products and service names are or
may be
trademarks and/or service marks of deal-discovery.com (“deal-discovery.com Marks”). You agree that you will
not
display or use the deal-discovery.com Marks in any manner, without the express written permission of deal-discovery.com.
The
names of other products and companies contained within our Services may be the trademarks or service marks of
their
respective owners. Nothing in these Terms grants you any license to use any trademark, service mark, names or
logos
of deal-discovery.com, any deal-discovery.com Parties, or any third party.
12. INFORMATION AVAILABLE FROM THE RESULTS PAGES
deal-discovery.com and the deal-discovery.com Parties do not warrant or guarantee the accuracy, completeness or timeliness
of
any information available via the Services, or on any deal-discovery.com Web Page. deal-discovery.com and the
deal-discovery.com
Parties do not authorize the use of information available via the Services or on any deal-discovery.com Web Page for
any
purpose other than your personal use. You may not resell, redistribute or use this information for commercial
purposes. deal-discovery.com does not endorse or recommend any particular product or service.
13. MAP INFORMATION
MapQuest Terms of Use may be viewed at https://cdn.mapquest.com/mq_legal/termsofuse.html.
14. LINKS; THIRD-PARTY SERVICES
Certain portions of the Services contain features and functionality that may link to or be provided from a third
party, including without limitation third party websites, databases, applications, software, programs, services,
directories, servers, networks, and systems (collectively, “Third Party Services”). deal-discovery.com
provides access to these Third-Party Services to you as a convenience only and deal-discovery.com does not, in any
way,
control or manage such Third Party Services. As such, deal-discovery.com is not responsible for the content,
functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained
therein.
By making such Third Party Services available via the Services, deal-discovery.com is not endorsing or warranting
such
Third Party Services in any way. Furthermore, deal-discovery.com does not endorse any product or service that may be
offered on or through such Third Party Services or through advertising delivered on or through the Services.
Under
no circumstances shall the access to or availability of such Third Party Services give rise to any liability to
anyone for any damage of whatever nature whatsoever.
15. REQUESTS FOR REMOVAL OF LINKS FROM INDICES
deal-discovery.com occasionally receives requests to remove links from its indices that generate web results.
Although
deal-discovery.com reserves the right to address such requests individually, deal-discovery.com is generally not willing
to
remove any links from its indices.
16. SECURITY AND PRIVACY LIMITATIONS
By use of any of the Services, you acknowledge that you are aware;
(1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing,
spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system
contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access
to, or
retrieval of, information and data on your computer;
(2) of security and privacy limitations in the Services including without limitation the limitation of security,
privacy and authentication measures and features;
(3) that the security and privacy feature available on the Services, are provided to you as a convenience only
and
may not operate according to their description or may not operate at all; and
(4) that information, data or messages may not reach their destination or may reach an erroneous address or
recipient.
You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with
accepting or downloading files from or through deal-discovery.com. Such risks include, but are not limited
to,
(1) damage to your computer,
(2) damage to any data or files stored on your computer,
(3) deal-discovery.com users viewing your IP address, and
(4) files you share with other deal-discovery.com users being redistributed and used without your knowledge.
17. deal-discovery.com MAKES NO WARRANTY THE deal-discovery.com PARTIES PROVIDE THE SERVICES AND deal-discovery.com WEB PAGES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE deal-discovery.com PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE deal-discovery.com PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. deal-discovery.com DOES NOT WARRANT THAT THE SERVICES, deal-discovery.com WEB PAGES OR WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF deal-discovery.com’S WEB PAGES OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE deal-discovery.com WEBSITES OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, deal-discovery.com IS NOT RESPONSIBLE FOR THOSE COSTS.
18. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY IN NO EVENT WILL ANY deal-discovery.com PARTY BE LIABLE FOR ANY
DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT
OF,
BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES OR THE deal-discovery.com WEB PAGES, EVEN IF
SUCH
deal-discovery.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS
SECTION
18 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE
OR
IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES
ARISE FROM
(1) BREACH OF CONTRACT,
(2) BREACH OF WARRANTY,
(3) NEGLIGENCE, OR
(4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE
LAW. IF
YOU ARE DISSATISFIED WITH THE
SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR
AGAINST
ANY deal-discovery.com PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS
TO
DISCONTINUE USING THE SERVICES.
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