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By utilizing the RealDealsList.com Website ("RealDealsList.com",
the "Website" or We"), you agree to be
bound by the following terms and conditions (the "TOS" or "Terms
of Service"). If you do not agree with any term or condition set forth
below, you are not authorized to use the services for any purpose.
Acceptable Usage
You may not utilize the information provided on RealDealsList.com to violate
and international, federal, state, county, municipal, regulatory or other
governmental statute, ordinance, regulation or other civil, criminal or
administrative rule or law. You will be held liable for any damages incurred by
RealDealsList.com as a result of such violation, in addition to reasonable
attorney's fees and costs.
Unless you have entered into an express written contract with RealDealsList.com
to the contrary, you may not copy, duplicate, save, print, sell, publish or
otherwise disseminate any portion of the information, hyperlinks, compilation
format, code, emails sent from the Website, or other
content of this Website for any commercial or public purpose. Your breach of
this foregoing provision may subject you to criminal and civil prosecution
under state and/or federal law. In such proceedings we would seek actual
damages, punitive damages, exemplary damages, treble damages, enhanced damages,
in addition to reasonable attorney's fees, and costs incurred by RealDealsList.com
for breach of this provision.
You cannot distribute or transfer copies of the pages on this site to others
in exchange for money or other consideration.
You may not modify, reformat, copy, display, distribute, transmit, publish,
license, create derivative works from, transfer or sell any information,
products or services obtained from RealDealsList.com, or mirror the RealDealsList.com
home page or links pages on your Website.
We reserve the right to cancel subscriptions of users who, in our judgment, violate the terms of service without refunds of any kind. To this end, we reserve the right to log ip addresses and/or insert a minimal number of "testers" in our list, among other commonly used data protection strategies. The costs incurred by these strategies is already included in the price of the list. Any extremely minimal losses incurred by marketing to "testers" on the list are accepted by the user of the Website.
If you want to make commercial use of the Website, you must enter into an
agreement with RealDealsList.com to do so in advance. Please contact us for
more information.
Hyperlinking
You may not publish or otherwise provide access to a "deep link" on RealDealsList.com (defined as any page on the RealDealsList.com site other than the home page).
Advertising
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or throughout the Website, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that RealDealsList.com shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
Changes In Terms of Service
We may modify or terminate our services from time to time, for any reason,
and without notice, including the right to terminate with or without notice,
without liability to you, any other user or any third party. We reserve the
right to modify these Terms of Service from time to time without notice. Please
review these Terms of Service from time to time so that you will be kept
abreast of any changes.
Copyright and Trademark
All contents of RealDealsList.com are Copyright © 2006-2007
RealDealsList.com. All rights reserved.
RealDealsList.com's logo, trademarks and other
marks that appear throughout RealDealsList.com belong to RealDealsList.com, and
are protected by
Banners
RealDealsList.com provides banners to its Website to the public for free
download and publication on other websites. These images are created and
distributed by RealDealsList.com and must be used only as described on the
site. You may not change or delete the code or the comment tags in the code
provided, except for the image location tag if you are hosting the image on
your own server. You are also prohibited from creating or using any other
images or banners other than the ones provided to link or otherwise refer to RealDealsList.com.
If you decide to place our banners on your site, please email us with the
URL of your site and notify us of the link. We reserve the right to request any
web site to remove any or all RealDealsList.com banners, images or any other
intellectual property at any time.
Downloading, publication or other usage of our banners creates no reciprocal
duties on RealDealsList.com's part whatsoever,
including, but not limited to, the duty to recompense you for any damage caused
through the download, publication or other usage of those links, the duty to
recompense you for any damage caused by your viewer's activating, tampering
with or otherwise accessing those banners, or the duty to pay you for any
traffic or business sent to our site via those banners.
RealDealsList.com neither has any control over the content contained in
websites whose links appear on RealDealsList.com, nor does RealDealsList.com
screen the content on those Websites for accuracy or otherwise. RealDealsList.com
disclaims any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or availability of
information or material found in websites listed on RealDealsList.com. RealDealsList.com
disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or
material. RealDealsList.com disclaims any responsibility for any harm resulting
from downloading or accessing any information or material on the Internet
through RealDealsList.com.
RealDealsList.com is provided "as is," with no warranties
whatsoever. RealDealsList.com expressly disclaims to the fullest extent
permitted by law all express, implied, and statutory warranties, including,
without limitation, the warranties of merchantability, durability and fitness
for a particular purpose, quality, satisfactory quality, title and
non-infringement of proprietary rights. RealDealsList.com disclaims any
warranties regarding the security, reliability, timeliness, and performance of RealDealsList.com.
RealDealsList.com disclaims any warranties for any information or advice
obtained through the RealDealsList.com. RealDealsList.com disclaims any
warranties for services or goods received through or advertised on RealDealsList.com
or received through any links provided by RealDealsList.com, as well as for any
information or advice received through any links provided in RealDealsList.com.
You understand and agree that you download or otherwise obtain material or
data through the use of RealDealsList.com at your own discretion and risk and
that you will be solely responsible for any damages to your computer system or
loss of data that results in the download of such material or data.
Some states or other jurisdictions do not allow the exclusion of implied
warranties, so the above exclusions may not apply to you. You may also have
other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability
Under no circumstances shall RealDealsList.com be liable to any user on
account of that user's use or misuse of or reliance on RealDealsList.com.
Arising from any claim relating to this agreement or the subject matter hereof
such limitation of liability shall apply to prevent recovery of direct,
indirect, incidental, consequential, special, exemplary, and punitive damages
whether such claim is based on warranty, contract, tort (including negligence),
or otherwise, even if RealDealsList.com has been advised of the possibility of
such damages. Such limitation of liability shall apply whether the damages
arise from use or misuse of and reliance on RealDealsList.com, from inability
to use RealDealsList.com, or from the interruption, suspension, or termination
of RealDealsList.com (including such damages incurred by third parties). This
limitation shall also apply with respect to damages incurred by reason of other
services or goods received through or advertised on RealDealsList.com or
received through any links provided in RealDealsList.com, as well as by reason
of any information or advice received through or advertised on RealDealsList.com
or received through any links provided in RealDealsList.com. This limitation
shall also apply, without limitation, to the costs of procurement of substitute
goods or services, lost profits, or lost data. Such limitation shall further
apply with respect to the performance or non-performance of RealDealsList.com
or any information or merchandise that appears on, or is linked or related in
any way to, RealDealsList.com. Such limitation shall apply notwithstanding any
failure of essential purpose of any limited remedy and to the fullest extent
permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation
of liability for incidental or consequential damages, so the above limitations
and exclusions may not apply to you.
Without limiting the foregoing, under no circumstances shall RealDealsList.com
be held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures, electrical
power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
Choice of Law
These Terms of Service will be governed by and construed in accordance with
the laws of the State of
Entire Agreement
These Terms of Service constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision of the Terms of Service will
be effective only if in writing and signed by RealDealsList.com
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