TERMS & CONDITIONS
LAST UPDATED: July 2017
These Terms and Conditions ("T&Cs") are between The Deal, LLC, a wholly owned subsidiary of TheStreet, Inc., (collectively, "TD" or "we" or "us" or "our") and the entity identified on the applicable TD order form(s) that contains a link to, or otherwise refers to, these T&Cs (such entity, the "Customer", and such order form(s), collectively, the "Order"). These T&Cs are hereby incorporated by reference into the Order. By executing the Order, or by using any Products (as defined below), or by otherwise indicating its agreement, Customer is agreeing to be bound by the terms and conditions of the Order and these T&Cs.
These T&Cs govern use of (including any access to) the products and services expressly identified on the Order as being made available to Customer by TD thereunder, including but not limited to The Deal, PrivateRaise, The Life Settlements Report and The PIPEs Report (the "Products").
These T&Cs hereby incorporate by this reference any additional terms and conditions posted by TD through the Products, or otherwise made available to Customer by TD, including the Terms of Service, as updated by TD from time to time (currently available at http://www.thedeal.com/terms-of-service/ CUSTOMER HEREBY AGREES TO BE BOUND BY THE TERMS OF SERVICE ON BEHALF OF ITSELF AND ITS EMPLOYEES AND ANY OTHER CUSTOMER REPRESENTATIVES; PLEASE REVIEW THE TERMS OF SERVICE CAREFULLY.
In the event of any irreconcilable conflict between or among the terms of the Order, the terms of these T&Cs and/or the terms of the Terms of Service, the order of precedence will be as follows: (i) the terms of the Order, (ii) the terms of these T&Cs and (iii) the terms of the Terms of Service.
1. Changes. We may change these T&Cs from time to time by notifying Customer of such changes by any reasonable means, including by posting a revised T&Cs through the Products. Any such changes will not apply to any dispute between Customer and us arising prior to the date on which we posted the revised T&Cs incorporating such changes, or otherwise notified Customer of such changes.
Customer's use of the Products following any changes to these T&Cs will constitute its acceptance of such changes. The "Last Updated" legend above indicates when these T&Cs were last changed. We may, at any time and without liability, modify or discontinue all or part of the Products, including any newsletters available through the Products, and including access to the Products via any third-party links; charge, modify or waive any fees required to use the Products; or offer opportunities to some or all customers or other users.
2. Transactions. Customer may pay for Products using check, wire transfer, credit card or other method approved by us. If Customer pays by credit card, it may be asked to supply certain relevant information, such as a credit card number and its expiration date and billing address, and it may be required to pay an additional surcharge. CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE RIGHT TO USE ANY CREDIT CARD THAT IT SUBMITS IN CONNECTION WITH AN ORDER. By submitting any payment information, Customer grants to us the right to provide such information to third parties for purposes of facilitating Customer's payments. Customer may also be asked to submit such information directly to such a third party. Verification of information may be required prior to the acknowledgment or completion of any transaction. Customer represents that all Products will be used only in a lawful manner.
TD reserves the right, including without prior notice, to limit the available quantity of, frequency of or discontinue making available any Product; to impose conditions on the honoring of any discount or similar promotion; to bar Customer from making any transaction; and to refuse to provide Customer with any Product. Refunds and exchanges will be subject to TD's applicable refund and exchange polices, which may provide for no refund or exchange. Customer agrees to pay all charges incurred by Customer or on its behalf (including by its employees and other users) through or in connection with the Products, at the prices in effect when such charges are incurred, subject to any payment terms prescribed in the applicable Order. All prices listed for Products are exclusive of any taxes; Customer is responsible for any taxes applicable to its transactions.
3. Subscriptions. Certain Products are made available on a subscription basis. TD reserves the right to modify, terminate or otherwise amend its subscription plans, including subscription fees. For any existing subscription, any such updated fees would apply upon the renewal of such subscription. If Customer subscribes to a Product, Customer agrees that TD may charge such subscription to Customer using the payment information that Customer has previously provided (and/or bill or charge via any other payment method previously used by Customer to purchase from us) for any applicable subscription fees and taxes (including for subscription renewals) and other charges and taxes incurred in connection with any use of the Products by Customer or on its behalf (including by its employees and other users). All subscription fees are payable in advance, regardless of whether or when Customer accesses or uses the applicable Product. Any annual subscription will renew automatically (and the applicable renewal fee will be billed or charged) upon the anniversary of such subscription, unless and until Customer notifies TD in writing, at least ninety (90) days prior to the end of the then-current subscription term, that Customer does not want the subscription to automatically renew. TD does not provide any refunds or credits for pre-paid subscription periods remaining after any termination, or for any unused Products, unless otherwise required by law.
Customer shall not make available the Products to any employee or other user, except as expressly permitted under the Order. Customer will be responsible to TD for any misuse of the Products by any employee or other Customer representative. Customer will cooperate with TD to enable access to the Products for Customer's permitted users, as set forth in the Order, in accordance with TD's policies and procedures.
TD may, in its discretion, offer free or paid trials for certain Products, and these T&CS shall apply during any applicable trial period.
4. Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under the Order and these T&Cs without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under the Order and these T&Cs without restriction.