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Terms and Conditions
OVERVIEW
These terms and conditions ("Agreement") govern your use of Deal Beacon
("Site"), an online information service operated by Deal Beacon ("Deal
Beacon", "we", "our", "us", etc.). By using this Site you consent and
agree to the terms and conditions contained in this Agreement. If you
are unwilling to accept the terms and conditions contained in this
Agreement, please do not use this Site.
COPYRIGHT
All content ("Content") included on this Site, such as text, graphics,
logos, color combinations, layout, button icons, images, audio clips and
software (whether contained in or used to operate the Site), is the
property of Deal Beacon or its content suppliers and protected by U.S.
and international copyright, trademark, service mark and other
intellectual property laws. The compilation (meaning the collection,
arrangement and assembly) of all content on this Site is the exclusive
property of Deal Beacon and protected by U.S. and international
copyright laws. This Agreement does not transfer any right, title, or
interest in the Site or the Content to you, and nothing contained in
this Agreement or on the Site shall be construed as conferring any
license or right, expressly, by implication, by estoppel or otherwise
other than as explicitly set forth herein. Deal Beacon and its Content
suppliers retain all of its and their respective right, title and
interest to the Site and Content.
For copyright infringement claims regarding Content on this Site, please
see below under the heading COPYRIGHT INFRINGEMENT.
TRADEMARKS
Deal Beacon' trademarks may not be used in connection with any product
or service that is not the property of Deal Beacon, in any manner that
is likely to cause confusion among customers, or in any manner that
disparages or discredits Deal Beacon. Certain products, services, or
company designations for companies other than Deal Beacon may be
mentioned in the Site for identification purposes only. Such
designations are often claimed as trademarks or service marks. However,
you should contact the appropriate companies for more complete
information regarding such designations and their registration status.
All trademarks and registered trademarks mentioned on this Site are
properties of their respective owners.
USE OF CONTENT; LINKING TO OUR SITE
Use of Content. The Content may be used as a personal informational
resource. Specifically, you may download, view, copy and print Content
only to the extent such activities are solely for your personal
informational use.
Linking to Site. You may link or hyper-link to the home page of the Site
from any Qualified Site, provided (a) you do not frame the Site or any
portion of the Site; (b) the link or hyper-link to the Site is not used
in a way that suggests that Deal Beacon endorses you or your web site;
(c) the link or hyper-link to the Site is not used or presented in any
way that disparages Deal Beacon or tarnishes, blurs, or dilutes the
quality of our names or trademarks or any associated goodwill; (d) the
link or hyper-link to the Site is not displayed on any web page that
displays Objectionable content or links; and (e) you agree that we may
terminate your right to link or hyperlink to the Site at any time for
any reason or no reason.
"Qualified Site" means a web site that displays no Objectionable
content, is not owned or controlled by a competitor to Deal Beacon and
the content of which is not competitive to the Site.
"Objectionable" means as to any content, information in any medium or
format, including without limitation text, data, graphics, audio or
video, that: (1) is libelous or defamatory, pornographic, sexually
explicit, unlawful or plagiarized; (2) a reasonable person would
consider harassing, abusive, threatening, harmful, vulgar, profane,
obscene, excessively violent, racially, ethnically or otherwise
objectionable or offensive in any way or (3) constitutes a breach of any
person's privacy or publicity rights, a misrepresentation of facts, hate
speech or an infringement of any third party's intellectual property
rights of any kind, including without limitation, copyright, patent,
trademark, industrial design, trade secret, confidentiality or moral
rights; or (4) violates or encourages other to violate any applicable
law.
No Other Use. Any other use, including the reproduction, modification,
distribution, transmission, republication, display or performance, of
the Content on this Site without our written permission is strictly
prohibited.
EMAIL and FEEDBACK; USER INFORMATION
"User Information" is any information that you send or transmit via
e-mail or other means to Deal Beacon, its webmaster or employees or
within a Forum (including, but not limited to, feedback, questions,
comments, etc.). Deal Beacon does not pre-screen User Information, and
Deal Beacon has the right (but not the obligation) to refuse or remove
any User Information that is available through the Site in its sole
discretion. By using this Site, you hereby grant Deal Beacon a
world-wide, royalty free and non-exclusive license to: (a) use,
reproduce, copy, modify, transmit, adapt, publish, translate, reformat,
create derivative works from, distribute, publicly perform, and publicly
display such User Information (in whole or in part) and to incorporate
it in other works in any form, media, or technology now known or later
developed; (b) publish your name in connection with the User
Information; and (c) sublicense such rights to Deal Beacon'
subsidiaries, affiliates, and partners. However, your personally
identifiable information will be treated in accordance with Deal Beacon'
Privacy Policy.
You agree: (1) that you will not be paid with respect to the use of your
User Information; (2) that by sending or transmitting User Information,
you are representing that you own or otherwise control all of the rights
to your User Information; (3) that all so-called "moral rights" in the
User Information have been waived; (4) that you are solely responsible
for your actions and the content of your transmissions through or
postings on the Site; (5) not to forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content or User
Information transmitted through the Site; and (6) not to impersonate any
person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity.
Please do not submit Objectionable User Information or use the Site in
any way that is Objectionable. "Objectionable" has the meaning set forth
under the "USE OF CONTENT; LINKING TO OUR SITE" section of this
Agreement.
PROHIBITIONS
Under no circumstances may you: - send unsolicited commercial email to
the email addresses provided on the Site (spam, chain emails,
advertising solicitations and similar email solicitations are expressly
prohibited);
- delete, modify or attempt to change or alter any of the Content on the
Site;
- use any device, software or routine that interferes with the proper
functioning of the Site or servers or networks connected to the Site, or
take any other action that interferes with other parties' use of the
Site;
- use the Site or the Content, intentionally or unintentionally, in any
manner inconsistent with or in violation of any applicable laws or
regulations or in violation of the rules of any other web site
providers, web sites, chat rooms or the like, including, without
limitation, laws regarding import/export of technical data by virtue of
your online transmission;
- use any "robot", "spider" or other automatic or manual device or
process for the purpose of compiling information on the Site for
purposes other than for a generally available search engine; or
- use any Deal Beacon' names, service marks, or trademarks without our
prior written consent, including without limitation as metatags or
hidden text.
EXTERNAL LINKS; OTHER SITES' PRODUCTS, SERVICES AND CONTENT
The Site may provide links to web sites and access to content, products
and services of third parties, including without limitation, Deal
Beacon' affiliates and strategic partners and other entities with which
our connection consists of only a hyperlink ("Other Sites"). You should
refer to the separate terms of use, privacy policies, and other rules
posted on Other Sites before you use them. Deal Beacon is not
responsible for (a) the availability of, and content provided on, Other
Sites, nor does inclusion of any link imply endorsement of the Other
Site by Deal Beacon, or vice versa; (b) third party content accessible
through the Site, including opinions, advice, or statements (and you
understand that you bear all risks associated with the use of such
content); (c) any loss or damage of any sort you may incur from dealing
with any third party; or (d) your dealings with any third parties found
on or through the Site, including your participation in promotions, the
payment for and delivery of goods if any, and any terms, conditions,
warranties, or representations associated with such dealings.
MESSAGE FORUMS
Our message Forums are maintained as a convenience for public
participation among our users, using their real names. All contributions
must conform with our requirements and policies as contained in this
Agreement and otherwise posted on our Site. Contributions may not
contain advertising. Users are individually liable for their own
contributions and we expressly disclaim all responsibility or liability
for any contributions. Posting a contribution constitutes consent to any
further use of the contribution by us. We reserve the right to monitor
the Forums and to modify or remove specific content that we deem a
violation of our requirements and policies, but we have no obligation to
do this.
SPECIAL LEGAL CONSIDERATIONS; OTHER TERMS
You must possess the legal right and ability to use the Site. Certain
portions of the site and/or the Content may not be suitable for all
visitors. You agree to comply with all applicable laws, rules and
regulations concerning your access to and/or use of such portions(s) of
the Site and/or the Content, including any internal rules regarding your
access to and/or use of the Site. Notwithstanding any other provision of
this Agreement to the contrary, Deal Beacon reserves the right to
cooperate with local, state and federal officials in any investigation
relating to any purported illegal activity(ies) and, to disclose
information about you pursuant to our Privacy Statement which is hereby
incorporated by reference.
DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE
AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED
ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Deal
Beacon EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND
SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF
TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Deal Beacon MAKES NO
WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (a) THE SITE
WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; (b) THE CONTENT WILL BE UP-TO-DATE,
COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES;
(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY
SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (e)
THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT
YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH CONTENT, MATERIAL AND/OR DATA.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
APPLICABLE LAW
This Site is owned and operated by Deal Beacon in the State of
California, USA. As such, the laws of the State of California will
govern these disclaimers, terms and conditions, without giving effect to
any principles of conflicts of laws. We reserve the right to make
changes to our Site and these disclaimers, terms and conditions at any
time.
MODIFICATIONS TO SITE; AGREEMENT; TERMINATION OF SITE
Modifications to Agreement. Deal Beacon may change the terms of this
Agreement from time to time. Each time material changes are made to this
Agreement, the changes will be posted on the home page and you will be
alerted to them and asked to review them before proceeding with your
further use of the Site. Your continued use of this Site following the
posting of any changes to this Agreement constitutes your acceptance of
those changes. If you object to any provision of this Agreement or any
subsequent modifications to this Agreement or become dissatisfied with
the Site in any way, your only recourse is to immediately terminate use
of the Site.
Access or Site Termination. Deal Beacon reserves the right to terminate
your access to this Site (or portions of the Site), temporarily or
permanently, with or without notice to you, and is not obligated to
support or update the Site. You acknowledge and agree that Deal Beacon
will not be liable to you or any third party in the event that we
exercise our right to modify or terminate access to the Site (or
portions of the Site). Unless explicitly stated otherwise, any new
features that augment or enhance the current Site will be subject to
this Agreement.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Deal Beacon OR ITS THIRD PARTY CONTENT AND SERVICE
PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT
OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR
USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING
FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY
SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING
FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEB
SITES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR
(d) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF Deal Beacon WAS
ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON
LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY
DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM,
FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES,
TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT,
BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR
PROBLEMS OR ANY FORCE MAJEURE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF
LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify, defend and hold harmless Deal Beacon, its
affiliates, shareholders, directors, officers, co-branders, content
providers, subsidiaries, parents, employees and agents, from any claim,
demand, liability, dispute, damage, cost, expense, or loss, including
reasonable attorneys' fees and costs of litigation, arising out of, or
in any way connected with your use of or access to the Site, your use of
the Content, your linking to the Site or your violation of this
Agreement. This obligation will survive your use of the Site.
DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Agreement or your
use of any Content or this Site or your access to or links to this Site,
shall be resolved by arbitration before three neutral arbitrators
administered by the American Arbitration Association in San Francisco,
California, in accordance with its Commercial Arbitration Rules, as then
in effect. Except for punitive damages (which may not be awarded), any
provisional or equitable remedy which would be available from a court of
law shall be available from the arbitrators to parties. The award of the
arbitrators may be enforced in any court having jurisdiction thereof.
Both parties hereby consent (a) to the non-exclusive jurisdiction of the
courts of San Francisco, California for any action (1) to compel
arbitration, (2) to enforce the award of the arbitrators or (3) at any
time prior to the qualification and appointment of the arbitrators, for
temporary, interim or provisional equitable remedies and (b) to service
of process in any such action by registered mail or any other means
provided by law.
Some jurisdictions may provide additional rights to consumers.
LIMITATION ON ACTIONS
You agree that any claim or cause of action arising out of your use of
the Site or this Agreement must be filed within one year after such
claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the contrary.
Within this period, any failure by Deal Beacon to enforce or exercise
any provision of this Agreement or related right shall not constitute a
waiver of that right or provision.
GENERAL
If any provision of this Agreement is found by a court or arbitrator to
be invalid, the parties agree that the court or arbitrator should give
effect to the parties' intentions as reflected in the provision, and the
other provisions of the Agreement will remain in effect. Deal Beacon'
failure to act with respect to a breach by any person using the Site
does not constitute a waiver of its right to act with respect to
subsequent or similar breaches. In the event of any conflict between
foreign laws, rules and regulations and those of the United States, the
laws, rules and regulations of the United States will govern. The United
Nations Convention on Contracts for the International Sale of Goods will
not apply to this Agreement. Deal Beacon may assign its rights and
duties under this Agreement without such assignment being considered a
change to the Agreement and without notice to you. You may not assign
this Agreement without the prior written consent of Deal Beacon. This
Agreement, the Privacy Statement, any operating rules, policies, or
procedures that may be posted from time to time by Deal Beacon on the
Site, and any modifications to the foregoing, constitute the entire
agreement between the parties with regard to the subject matter in this
Agreement and supersede all prior understandings and agreements, whether
written or oral, as to such subject matter. Nothing contained in this
Agreement will be deemed to constitute either party as the agent or
representative of the other party, or both parties as joint venturers or
partners for any purpose.
COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act ("DMCA"), Deal
Beacon has designated an agent to receive notifications of alleged
copyright infringement associated with the Site. Deal Beacon will, upon
receiving proper notice as set forth below, use commercially reasonable
efforts to remove or disable access to any such material as set forth in
the DMCA. If you believe that your copyrighted work or the copyrighted
work of another party is being infringed, please notify our webmaster.
When notifying us of the alleged copyright infringement, please include
all of the following information:
a) A physical or electronic signature of a person authorized to act on
behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been
infringed;
c) Identification of the material that is claimed to be infringing and
information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party,
such as an address, telephone number, and, if available, an electronic
mail address;
e) A statement that the complaining party has a good faith belief that
the use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate,
and, under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
If material is believed in good faith by Deal Beacon to infringe a
copyright or otherwise violate any intellectual property rights, we will
remove or disable access to any such material. If you believe that a
notice of copyright infringement has been wrongly filed against you and
you would like to submit a counter-notification, you may file a
Counter-Notification in Response to Claim of Copyright Infringement with
Deal Beacon' . You may want to seek independent legal counsel before
filing a notification or counter-notification.
ACKNOWLEDGEMENT
You acknowledge (a) that you have read and understood this Agreement;
and (b) that this Agreement has the same force and effect as a signed
agreement.
CONTACT INFORMATION
If you have any questions regarding this Agreement or the Site, please
contact Deal Beacon at
this address.
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