|
Terms of use 1. ACCEPTANCE OF TERMS OF USE AND AMENDMENTS Adams Direct Equity LLC ("thedealseal") provides the information and services on thedealseal.com, (the "Site"), to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use, including our Privacy Policy, False Leads Policy, Security Policy and Billing Policy (collectively, "Terms"). Your use of the Site constitutes agreement with such Terms. If you are using a particular service accessed by you on or via this web site, you will be subject to any rules or guidelines applicable to the said services, and they will be incorporated by reference within these terms of use. Before using the Site, please carefully read this agreement relating to your use of the Site. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site. Thedealseal reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise. Your continued use of the Site following the posting of changes to these Terms will mean that you unconditionally accept those changes. Thedealseal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or the entire Site (or any part thereof). Thedealseal shall not be liable to any user or other third party for any such modification, suspension or discontinuance of the Site or its services, except as expressly provided in these Terms. If you have questions regarding these Terms please contact thedealseal at customerservice@thedealseal.com. 2. THETHEDEALSEAL.COM SERVICE Thedealseal uses its proprietary advanced search engine MatchGeniusTM to match prospective buyers and sellers of goods and services. Thedealseal will provide contact information of buyers to prospective well matched sellers, who will contact those buyers directly. You agree that by requesting leads through the Site (if you are a buyer) or submitting your business to thedealseal (as a seller), you are entering into an agreement with thedealseal and a business relationship with thedealseal's users. You agree to be contacted by thedealseal (and if you are a buyer, by thedealseal's registered sellers regarding your requested goods or services) as necessary, via phone, fax, email, mail or other reasonable means, at any of your submitted contact numbers or addresses. Representations made regarding products and services provided by thedealseal users are governed by the policies and representations made by those respective third parties. thedealseal shall not be liable for or responsible in any manner for any of your dealings or interaction with any other user of the Site. By using the Site, you agree that you will never hold thedealseal responsible for any act or omission of any user of the Site, including any failure on the part of any seller to provide agreed upon services to the buyer, or the failure of any buyer to provide timely payment for the seller's services. Thedealseal is in no way responsible for the conduct or policies of any user of the Site. Thedealseal's platform is designed around the principles of a free market, and thedealseal supports pricing competition. Thedealseal does not and cannot guarantee the quality or the credentials of sellers or the quality, safety or legality of the information provided or the products and services sold. Use of the Site is at your own risk and you should exercise as much caution as you would typically exercise with any purchase of products or services. Should you have a dispute with any buyer or seller, you must address such dispute with the buyer or seller directly. The Site enables you to initiate transactions for the purchase of products or services, but thedealseal is not the buyer/seller of such products or services, nor is it a third party to any transactions involving such products or services. Thedealseal is not responsible for any failure of a seller to receive leads or a buyer to receive price quotes which is due to spam filters, address-book filters, filters imposed by internet service providers, or failure on the part of the users email servers or internet service provider to deliver any such quotes/leads. 3 YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS In order to use the Site, you will be required to create a user account. By registering with thedealseal, you agree to provide truthful information and give thedealseal permission to retain and store that information, and to use your information in accordance with thedealseal's Privacy Policy. You must be at least 18 years of age in order to use this website. You are responsible for maintaining the confidentiality of your password, and shall be responsible for all usage of your user account and/or user name, whether authorized or unauthorized by you. You agree to immediately notify thedealseal of any unauthorized use or your user account, user name or password. When using the Site, you will be prompted to disclose certain information about your offered goods and services (if you are a seller) or your purchasing requirements (if you are a buyer). Buyer's information will be sent to sellers who will need accurate information in order to respond. Seller's quotes will be sent to buyers who require accurate information in order to select an appropriate seller. You agree to only use the Site for yourself or another person who has authorized you to share his or her contact information. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or if thedealseal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, thedealseal may, in its sole discretion, terminate your account and prevent you from using the Site in the future. Thedealseal may establish general practices and limits concerning Site use. Thedealseal reserves the right to mark as "inactive" and archive accounts that are inactive for an extended period of time. Thedealseal reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. While thedealseal will use reasonable efforts to back up site user information and Site data and make such data available in the event of loss or deletion, Thedealseal has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. 4. NO UNLAWFUL OR PROHIBITED USE As a buyer, you agree that information you have provided as part of your registration is truthful and that requests made for services are truthful and correspond to an intended purchase of the specified services, subject to agreement on price and other applicable terms with the seller. As a seller, you agree that information you have provided as part of your registration is truthful and you are actually able to provide all claimed services. You agree that your use of the Site is not for any other purpose including fraud, spamming or competitive intelligence. You acknowledge that thedealseal has the right (but not the obligation) in its sole discretion to deny any request for goods and services that is in violation of these terms and conditions, and to terminate any user account which thedealseal reasonably believes is being used in circumvention of these Terms and Conditions. By using the Site, you warrant to thedealseal that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates. 5. LINKS TO THIRD PARTIES As part of the service, thedealseal may provide links to other websites. Thedealseal exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Thedealseal shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Site's Privacy Policy is applicable only when you are on the Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information. You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. Thedealseal prefers advance notice of such linking. Please notify thedealseal at webmaster@thedealseal.com or at the address listed below. You may not frame the content of the Site without our express written consent. 6. TRADEMARK INFORMATION TheedealsealTM, the thedealseal logo and other thedealseal trademarks including MatchGeniusTM are owned by thedealdeal (the "DealSeal Marks"). All other names and designs appearing on the Site may be trademarks of their respective owners. You may not use DealSeal Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use DealSeal Marks in any manner that disparages or discredits us. 7. INDEMNIFICATION Each user shall indemnify, defend and hold harmless thedealseal, its affiliates and its respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party related to or arising out of that user's acts or omissions of any kind, including claims arising out of that user's use of the Site or his or her violation of the Terms. 8. DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEDEALSEAL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE. DEALSEAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WARRANTIES THAT ANY PART OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, AND THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD.. YOU UNDERSTAND AND AGREE THAT NEITHER THEDEALSEAL NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN THEDEALSEAL AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, THEDEALSEAL DOES NOT AND CANNOT CONTROL THE ACTIONS OF SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE CONCERNING THE USE OF THE SITE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITE. OPERATION OF THE SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE SITE. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding. 9. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THEDEALSEAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF THEDEALSEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL DEALSEAL'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1000.00. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you. 10. RESERVATION OF RIGHTS Thedealseal reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that thedealSeal may have for this web site, its content, and the goods and services that may be provided. The use of thedealseal's rights and property requires thedealseal's prior written consent. By making services available to you, thedealseal is NOT providing you with any implied or express licenses or rights, and you will have no rights to make any commercial uses of the Site or service, or any data contained on the Site without thedealseal's prior written consent. 11. APPLICABLE LAW You agree that these Terms and any dispute arising out of your use of the Site shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and performed wholly within that State. By registering or using this web site and service, you hereby submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. 12. MISCELLANEOUS INFORMATION The failure of either party to assert any right under these terms of use shall not be considered a waiver of that party's right, and that right will remain in full force and effect; You agree that, without regard to any statute or contrary law, that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose, or else the claim shall be forever barred; thedealseal may assign its rights and obligations under these Terms; in this case, thedealseal shall be relieved of any further obligation. The Terms constitute the entire agreement between each user and thedealseal and govern each user's use of Site, superseding any prior agreements. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 13. VIOLATIONS Please report any violations of the Terms to the Site Director at webmaster@thedealseal.com.
|
|
|||||||||
