The following terms and conditions apply to the use of the DealsNotOut.com Web Site (the "Web Site"), and set forth the agreement (the "Agreement") between you and DealsNotOut.com (the "Company") regarding the use of the Web Site. Please read the terms and conditions carefully. If you do not agree to the terms and conditions stated here, do not use the Web Site. By using the Web Site, you agree to the terms and conditions here. These terms and conditions apply to Company and Vendors. In addition, you should review the "Notices" posted on the Web Site. You should visit the Web Site periodically to review the terms and conditions, because they are binding on you, and may be amended or modified by the Company from time to time.
Section 1. Registration
To access the Web Site, you must complete the Registration Application, agree to be bound by this Agreement, and pay to the Company all applicable fees. In its sole discretion, the Company may refuse to accept an application or limit the use of the Web Site. The Company may also revoke access to the Web Site because of misuse of the Web Site or for breach of this Agreement.
Section 2. Fees
You agree to pay to the Company the fees relating to products and services purchased by you.
Section 3. Taxes and Your Costs
You are responsible for paying any and all applicable taxes. You are also responsible for paying for your hardware, software, service, connection and any other costs you incur to access and use the Web Site.
Section 4. Title & Ownership
By placing an order with vendor, purchaser authorizes vendor to act on buyer’s behalf to engage a common carrier to deliver buyer’s order. Vendor automatically adds insurance to each order placed. This covers you from any package lost or damaged in transit.
Section 5. Signature Policy
It is highly recommended that you provide us with a business shipping address for the best service. Customer comments on your order such as "Please leave on back porch" or "Leave at front door" unfortunately cannot be honored. Failure to comply with this policy will result in your items being returned to the Company without refund of any shipping charges.
Section 6. Use of the Material
Unless otherwise agreed to in writing signed by an authorized representative of the Company, the Company authorizes you to view and download a single copy of the material on this Web Site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Notices" on the Web Site and are incorporated into this Agreement by reference.
The contents of the Web Site, such as text, graphics, images and other material (the "Material") are protected by copyright under both United States and foreign laws. Unauthorized use or duplication of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of the terms of this Agreement, your permission to use the Material automatically terminates.
Section 7. The Company's Liability
Although the Company will strive to ensure the accuracy of the information on the Web Site and of the Material, they may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. The Company disclaims all liability related to or arising from claims associated with the Material provided by third parties or transactions between Members in anyway connected to the use of the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, IMPLIED OR OTHERWISE, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES RELATING TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY PRODUCT OR SERVICE OFFERED FOR SALE OR SOLD ON THE WEB SITE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Section 8. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED IN THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE, TRANSACTIONS ENGAGED IN CONNECTION WITH THE WEB SITE, AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 9. Links to other Sites
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third party Web sites. The Company is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
Section 10. Software Licenses
All software that is made available for downloading from the Web Sites ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreements.
Section 11. Limitation of Liability
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THESE SERVICES ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR WEBSITE, SERVICE OR PRODUCTS, OR FROM ANY LOSS OF DATA RESULTING FROM SUCH USE OR MISUSE.
Section 12. Disclaimer of Warranties
THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY THE COMPANY AND WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULL EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THE MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT ON THIS WEBSITE OR ANY PRODUCTS YOU MAY PURCHASE FROM US.
Section 13. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any communications which you post on the web site, your use of the Material (including Software), your breach of the terms of this Agreement, or your engagement in transactions on, by or through the Web Site. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 14. Export Control
The United States controls the export of certain products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are representing that you are not in a country where such export is prohibited and are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials (including Software.)
Section 15. User Information
Section 16. Limitations on Use of Web Site
You agree that use of the Web Site is restricted by the Company, and that the password provided to you by the Company to access and use the Web Site is confidential and proprietary as to the Company. Accordingly, you agree that only the specific individuals issued a password will use the Web Site and that you will take all necessary actions to prevent the misuse of the Web Site. You further agree and warrant and represent that you have all necessary licenses, permits authorizations required to perform the obligations under this Agreement and those contemplated by this Agreement, including transactions by or through the Web Site.
Section 17. Right to Refuse Orders
The Company reserves the right to refuse or cancel any orders for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge within in a reasonable amount of time.
Section 18. Force Majeure; Changes in Law
In the event of a force majeure or other action outside of the Company's control that prevents or delays the Company from performing any act required of it, the Company shall be excused from such performance. In addition, the Company shall be excused from performance in the event of any change in law which prevents such performance or makes such performance impossible or unreasonably costly or difficult.
Section 19. Severability
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
SECTION A- ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION B - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 21. General
This Web Site is based in New Jersey, USA. The Company makes no claims that the Materials are appropriate or may be downloaded outside of New Jersey, USA. Coupons & Discounts are only valid on orders being shipped. All store-pickup orders are excluded from any Coupons & Discounts. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term of any other term. The Company may amend this Agreement at any time by posting the amended Terms and Conditions on the Web Site and the effective date of any such amendment will be the date on which the amended Terms and Conditions is so posted on the Web Site.
If you have any questions about these Terms of Service, please contact us.