Terms and Conditions
The following Terms and Conditions govern use of The Deal Pipeline ™ located at the domain thedeal.com (the "Online Services") and the materials available through the Online Services (the " Materials"). In these Terms and Conditions, "User" refers to a person that accesses or uses the Online Services and/or Materials, and "Subscriber" refers to a business or person that subscribes to the Online Services. Please read these Terms and Conditions carefully before using the Online Services.
By accessing, using or subscribing to the Online Services, each Subscriber and User agrees to be bound by and comply with these Terms and Conditions. Any User that does not agree to these Terms and Conditions should not use the Online Services. The Deal reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. A User's continued use of the Online Services following the posting of changes to these Terms and Conditions shall constitute his/her acceptance of those changes on behalf of him/herself and the relevant Subscriber.1 LICENSE; RESTRICTIONS ON USE
1.1 Subject to all of these Terms and Conditions, each User is granted a nonexclusive, nontransferable, limited license to access and use the Online Services and Materials from time to time made available to such User solely as permitted by this Section 1.1. This license includes: (a) The right to electronically display Materials retrieved from the Online Services solely for User's individual and personal use; and (b) The right to obtain a printout of Materials and to create a single printout of Materials downloaded (collectively, "Authorized Printouts") solely for user's individual and personal use.
1.2 Except as specifically provided in Section 1.1, Users are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using Materials retrieved from the Online Services. Users shall not print or download Materials without using the printing or downloading commands of the Online Services, and Users shall not distribute Materials via print or machine-readable forms, nor share any User IDs with others.
1.3 All right, title and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to The Deal or its third party suppliers of Materials. Users and Subscribers acquire no proprietary interest in the Online Services, Materials, or copies thereof.
1.4 Except as specifically provided herein, Users and Subscribers shall not use the Online Services or Materials in any fashion that infringes the intellectual property or proprietary interests therein or remove or obscure any copyright or other intellectual property notices.
1.5 Users and Subscribers shall not use information included in the Online Services or Materials to determine a consumer's eligibility for (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) government license or benefit.
1.6 The use of the Materials on any website (other than the Online Services) or networked and/or shared peer-to-peer computer environment is prohibited without the prior written consent of The Deal. All trademarks, service marks, and trade names are owned, controlled or licensed by The Deal.
2 ACCESS TO SERVICES
2.1 If a User accesses the Online Services through use of a User ID, such User is the sole individual permitted to access and use the Online Services Pursuant with the User ID.
2.2 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.
3 PAYMENT; SUBSCRIPTION TERM
3.1 All subscription fees, together with applicable taxes, are payable in advance in U.S. Dollars, regardless of when or whether Users access the Online Services. The Deal reserves the right to modify, terminate or otherwise amend its subscription plans; and subscription fees are subject to change. Each Subscriber agrees that The Deal is permitted to charge its credit card (or bill such Subscriber via previous payment method used) for the applicable subscription fees, any renewals, any applicable sales tax, and any other charges such Subscriber may incur in connection with its Users' use of the Online Services. The annual subscription fee will be billed at the beginning of each subscription and on each renewal thereafter unless and until the Subscriber gives written notice to The Deal at least ninety (90) days prior to the end of the then-current subscription term that such Subscriber does not want its subscription to automatically renew for another year. The Deal does not provide refunds or credits for any pre-paid subscription periods remaining after termination or unused services, unless otherwise required by applicable law. All prices are exclusive of any state and local sales, use, and similar taxes. If any such taxes are applicable, they shall be charged to Subscribers.
3.2 From time to time, The Deal may offer the Online Services through a free trial. Free trials are only available to first time subscribers of the Online Services. For the Online Services, the term of a Subscriber's free trial subscription, if any, commences on the date on which such Subscriber's Users are first provided access and shall continue, unless sooner terminated, for the free trial period specified. The term of such Subscriber's subscription will commence the next day after the Free Trial Period ends, if any, upon such Subscriber's consent.
4 LIMITED WARRANTY
4.1 The Deal represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to these Terms and Conditions.
4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE DEAL AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES IN AND TO THE ONLINE SERVICES AND MATERIALS. THE DEAL AND EACH THIRD PARTY SUPPLIER OF MATERIALS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS OR THE ONLINE SERVICE. THE DEAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONLINE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLIE SERVICES OR THE SERVERS THAT MAKES THE MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL THE DEAL OR THIRD PARTY SUPPLIERS OF MATERIALS, OR THEIR RESPECTIVE AFFILIATES OR AGENTS BE LIABLE TO SUBSCRIBERS, USERS, OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE MATERIALS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 The Materials have been prepared by The Deal as a service to Users and Subscribers and do not constitute legal or financial advice. Use of the Materials is at the sole risk of Users and Subscribers.
5 LIMITATION OF LIABILITY
5.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from: (a) any errors in or omissions in the Online Services or any Materials; (b) the unavailability or interruption of the Online Services or any features thereof or any Materials; (c) use of or reliance on the Online Services or Materials (regardless of whether Subscribers or Users received any assistance from a Covered Party in using the Online Services); (d) use of any equipment in connection with the Online Services; (e) the content of Materials; or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.
5.2 Covered Party" means: (a) The Deal, its affiliates, and any officer, director, employee, subcontractor, agent, successor or assign thereof; and (b) each third party vendor, service provider and supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor or assign thereof.
5.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT PAID TO THE DEAL FOR USE OF THE ONLINE SERVICES DURING THE SUBSCRIPTION PERIOD IN WHICH THE CLAIM AROSE. A SUBSCRIBER'S OR USER'S RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH SUCH PARTY MAY HAVE AGAINST ANY COVERED PARTY.
5.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGILGENCE OF ANY COVERED PARTY.
6.1 These Terms and Conditions may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed upon 30 days' prior notice to Subscriber. Continued use of the Online Services by any User following any change constitutes his/her and the relevant Subscriber's acceptance of the change.
6.2 In the event that any Subscriber or User breaches any of its obligations (including making payment in full when due): (a) The Deal may suspend, discontinue or terminate the subscription for access to the Online Services without liability; and (b) The Deal may pursue any other remedy legally available to it. For purposes of the foregoing, the effective date of termination shall be the date of notice of termination, unless a later date is specified in the notice. No refund shall be due for any unused services.
6.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing, sent via electronic mail from The Deal to Subscriber or displayed electronically in the Online Services by The Deal. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed, on the date first made available, if displayed in the Online Services, or on the date sent, if delivered in any other manner. Notices to The Deal should be sent to: Attention: Customer Service, The Deal LLC, 14 Wall Street, New York, NY, 10005.
6.4 The failure of The Deal or any third party vendor, service provider or supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
6.5 Subscribers and Users shall not assign their rights or delegate their duties relating to access the Online Services without the prior written consent of The Deal.
6.6 These Terms and Conditions shall be governed by and construed in accordance with the Laws of the State of New York without regard to its conflicts of law provisions. Each User and Subscriber agrees that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in New York County, and each User and Subscriber hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
6.7 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein.
6.8 To the extent that the Online Services contain links to outside services and resources, The Deal does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.