THIS USER AGREEMENT IS EFFECTIVE IMMEDIATELY FOR NEW USERS AND WILL BECOME AUTOMATICALLY EFFECTIVE THIRTY (30) DAYS AFTER POSTING ON THE
Last updated: August 12, 2015
Welcome to dealplanet.com (together with its subdomains, Content, Marks and services, the "Site") Please read the
"our" or "us") and, as specified below, our affiliated companies. By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement
applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be
bound by this Agreement please do not access or use the Site.
1. The Site. The Site provides a number of different services to assist you in finding what we feel are the best
deals on the Internet. We provide information about products offered by third party sellers and service providers, including product specifications, pricing, and pictures, as well as links to the
websites of such third parties. However, we do not sell, resell, or license to our visitors any of the products or services that we list on the Site, and we disclaim any responsibility for or
liability related to such products or services. Accordingly, if you have a question, complaint or claim about a specific merchant or its products and/or services, you must direct such question,
complaint and/or claim to such merchants and not to us. If you have a dispute with any merchant, you release us (and our affiliates and subsidiaries, and our and their respective officers,
directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may
know or suspect to exist in your favor at the time of agreeing to this release.
2. Site Information and Content. Dealplanet.com does not warrant that product or service descriptions, pricing,
editorial commentary, articles, brochures, graphics, photos, sounds, videos, interactive features, and or any other content of the Site (collectively, the "Content"),
regardless of its source, is accurate, complete, reliable, current or error-free. Site Content is provided for informational purposes only and Dealplanet.com does not endorse any product, service,
seller, service provider or any reviews or comments of such products or services, regardless of the source of such reviews or comments.
4. Site Access. For such time as this Agreement is in effect, we hereby grant you permission to visit and use the
Site provided that you comply with this Agreement and applicable law.
5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written
authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined
below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and
"spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of
any Content or that enforce limitations on use of the Site.
6. Intellectual Property Rights.
6.1. Content and Marks The Content on the Site, and (ii) the trademarks,
service marks and logos contained therein ("Marks"), are the property of Dealplanet.com and/or its licensors or affiliated companies and may be protected by applicable copyright or other
intellectual property laws and treaties. "Deal Planet", the Deal Planet logo, and other marks are Marks of dealplanet.com or its affiliated companies. All other trademarks, service marks, and logos
used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
6.2. Use of Content. Content on the Site is provided to you for your
information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes
whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
7. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in
connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce
this Agreement, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v)
protect the rights, property or safety of dealplanet.com, its users or the public.
8. Privacy. We will use any personal information that we may collect or obtain in connection with the Site in
9. Warranty Disclaimers
9.1. This Section 11 applies whether or not the services or Content provided by or through the Site are for payment. Applicable
law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
9.2. THE SITE, THE SERVICES PROVIDED ON THE SITE, AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DEALPLANET.COM AND OUR AFFILIATED COMPANIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN
ADDITION, DEALPLANET.COM AND OUR AFFILIATED COMPANIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, ACCURACY OR COMPLETENESS OF THE SITE AND/OR
THE CONTENT. Dealplanet.com AND OUR AFFILIATED COMPANIES DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR
ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT Dealplanet.com AND OUR AFFILIATED COMPANIES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY
THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
10. Limitation of Liability.
10.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DEALPLANET.COM AND OUR AFFILIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED, TO LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:
10.1.1. YOUR USE OR INABILITY TO USE OUR SITE;
10.1.2. PRICING, SHIPPING OR OTHER GUIDANCE PROVIDED BY US OR OUR AFFILIATED COMPANIES;
10.1.3. PRODUCTS PROVIDED BY THIRD PARTY MERCHANTS OR SERVICE PROVIDERS;
10.1.4. THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR THIRD PARTY MERCHANTS' PRODUCTS
AND/OR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS; OR
10.1.5. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO, OUR SITE OR OUR THIRD PARTY MERCHANTS'
10.2. THE FOREGOING LIMITATIONS AND EXCLUSIONS IN THIS SECTION ?12 SHALL APPLY: (i) EVEN IF DEALPLANET.COM OR OUR AFFILIATED
COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES; (ii) EVEN IF ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE; AND (iii) REGARDLESS OF THE BASIS OR THEORY OF
11. Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party
service providers in order to improve our Site and enhance your experience with the Site. We may also disclose Anonymous Information (with or without compensation) to third parties, including
advertisers and partners. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the
use of our Site.
12. Indemnity You agree to defend, indemnify and hold harmless Dealplanet.com and our affiliated companies, and our
and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to
attorney's fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of this Agreement.
13. Term and Termination. This Agreement is effective until terminated by Dealplanet.com or you. Dealplanet.com, in
its sole discretion, has the right to terminate this Agreement and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any
limitation, for a breach of this Agreement). Dealplanet.com shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of
this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of this
Agreement, you shall cease all use of the Site. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this
Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
14. Independent Contractors. You and Dealplanet.com are solely independent
contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and Dealplanet.com. You must not under any circumstances make, or
undertake, any warranties, representations, commitments or obligations on behalf of Dealplanet.com.
15.1 Governing Law. This Agreement and all disputes or issues arising from it shall be governed
exclusively by the laws of Maryland, USA without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to
this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s), shall be the Courts of Maryland, USA.
15.2 Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the
benefit of their respective successors and assigns. Deal Planet may assign this Agreement to any successor entity. Customer may not assign without the written permission of Deal Planet.
15.3 Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any
provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will
continue in full force and effect.
15.4 No Waiver. No waiver of or by Deal Planet shall be deemed a waiver of any subsequent default
of the same provision of this Agreement.
15.5 Headings. All headings are solely for the convenience of reference and shall not affect the
meaning, construction or effect of this Agreement.
15.6 Complete Agreement. This Agreement constitutes the entire agreement between the parties with
respect to your access and use of the Site and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject
15.7 Modifications. Deal Planet reserves the right to change any of the provisions posted herein
and you agree to review these terms and conditions each time you visit the Site. Your continued use of the Site following the posting of any changes to these terms and conditions constitutes your
acceptance of such changes. Deal Planet does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted
by Deal Planet in writing, you may not amend these terms and conditions in any way.