The following conditions apply to the use of the Dealsfact service.
Effective Date: August 16, 2019
1. Acceptance of Terms
Dealsfact, Inc., LowestMed, Inc. and their subsidiaries and affiliates (hereinafter referred to as “Dealsfact”, “we”, “us”, or “our”) provide a digital coupon marketplace in the United States of America (the “Services”) which includes, and is accessible via, (i) the websites published at http://www.Dealsfact.com, and http://www.Toplifeinfo.com (and any other websites owned or operated by us with Dealsfact or RxSaver by Dealsfact branding that link to these Terms) (collectively, the “Sites”) and (ii) mobile-device applications owned or operated by us that are branded as Dealsfact or RxSaver by Dealsfact and link to these Terms (collectively, the “Applications”). The Services, for example, allow users to access coupons of certain third-party merchants (“Merchants”) for online or in-store use.
3. Eligibility. Promotions as hereafter defined are available to individual users of Dealsfact who are residents of the United States and at least eighteen years of age. Participation in any Promotion and the opportunity to earn Rewards from any Promotion are offered at the sole discretion of Dealsfact. Dealsfact has the right, in its sole discretion, to change these Promotion Terms in whole or in part at any time, without notice. Purchases for resale or commercial use are excluded from eligibility. In any calendar month, you are limited to the Number of Rewards Offers per Person and the amount that you may earn, in the aggregate under all Dealsfact Rewards Offers, may be limited (e.g., one thousand dollars ($1,000.00 USD) per month).
4. Cash Back Rewards and Wallet Terms
5. Key Promotion Conditions and Definitions
“Activated Rewards Offer” means a Rewards Offer for a Promotion that has been initiated by you but is not yet completed. In-Store Cash Back receipt scanning Offers may activate when you submit a Receipt after a Qualifying Purchase during the Promotion Period. For other Offers, activating a Rewards Offer requires at a minimum clicking the Promotion Link or Link Cash Back Button, and may require additional steps as described on the Promotion Landing Page.
“Approved Reward” means a Reward offered under an Activated Rewards Offer for which Dealsfact has determined that you: (1) met the eligibility requirements; (2) completed the required purchase(s); and (3) satisfied all other applicable conditions in order for the Reward to become eligible for redemption.
“Bonus Reward” means a bonus Reward offered to certain Dealsfact members who complete a qualifying activity or who meet certain criteria, as defined in a Rewards Offer Card or Promotion Landing Page, in addition to or in combination with offers for Online Cash Back Rewards, or In-store Cash Back Rewards.
“Eligible Payment Card” means a U.S.-issued Visa, American Express or Mastercard credit or debit card (subject to limitations with debit card transaction eligibility described below). Some Visa, American Express, and Mastercard cards are not Eligible Payment Cards including, without limitation: Visa, American Express or Mastercard Corporate cards, Visa, American Express or Mastercard Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare cards (including Health Savings Account (HSA) or Flexible Spending Account (FSA) cards), insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system.
“Excluded Items” means any and all items that fall within categories, if any, specified on the Promotion Landing Page or in the Rewards Offer Card (e.g., the “details” section) as being excluded from the Minimum Purchase Amount. The determination of whether particular purchases fall within an excluded category will be determined at Dealsfact’s sole discretion. If you are unsure whether a desired item falls within an excluded category, please check the details section of the applicable Rewards Offer Card and direct any questions to our website “Contact Us” form prior to making your online purchase.
“In-store Cash Back Rewards” means Rewards that Dealsfact either (i) tracks through your card-linked purchases and may sometimes be referred to as “Card-Linked Cash Back,” Card-Linked Cash Back Rewards,” or (ii) provides after receiving a Receipt from Qualified Transaction and may sometimes be referred to as “In-Store Cash Back” or “In-Store Cash Back Rewards” on the Dealsfact website or app, or on the Promotion Landing Page.
“Link Cash Back Button” means a virtual button provided on the Promotion Landing Page or Rewards Offer Card that allows you to activate a Rewards Offer. In some cases, clicking the Link Cash Back Button may also direct you to the Merchant’s website.
“Linked Card” means an Eligible Payment Card that you have registered with Dealsfact.
“Merchant” means the merchant that is specified on the Promotion Landing Page.
“Minimum Purchase Amount” means the amount specified on the Promotion Landing Page as the minimum purchase amount from the Merchant that is required to be eligible for the applicable Rewards Offer. The Minimum Purchase Amount excludes discounts/promos, store points/rewards programs, tax, tip, fees, and any amount used to purchase Excluded Items.
“Number of Rewards Offers per Person” means (a) for Online Cash Back Rewards, a limit of twenty (20) Rewards Offers in the aggregate under all Dealsfact Promotions in any calendar month and a limit of seven (7) Rewards per Merchant in any calendar month and (b) for In-store Cash Back Rewards, a limit of fifteen (15) Rewards Offers in the aggregate under all Dealsfact Promotions in any calendar month, unless otherwise specified in the Promotion Landing Page.
“Online Cash Back Rewards” means Rewards that Dealsfact tracks through your Internet browser (e.g., tracking cookies) and may sometimes be referred to as “Online Cash Back” on the Dealsfact website or app, or on the Promotion Landing Page.
“Payment Services Provider” means the applicable Eligible Payment Card issuer, payment network or platform, or third party authorized by an Eligible Payment Card issuer or payment network or platform.
“Promotion Landing Page” means the website or app page that describes the Promotion and links to these Promotion Terms.
“Promotion Link” means the hyperlink provided on the Promotion Landing Page of an Online Cash Back Rewards Offer that directs you to the Merchant’s website. You must click on the Promotion Link in the same session that you purchase from the Merchant in order to be eligible for the Rewards Offer.
“Promotion Period” means the period beginning on the start date specified on the Promotion Landing Page and ending at the earlier of (1) the time that all of the Total Number of Rewards Offers available during Promotion have been claimed or (2) the end date specified on the Promotion Landing Page. The Promotion Period may be shortened or extended at Dealsfact’s discretion. All start and end dates are based on Central Standard Time unless otherwise indicated.
“Qualifying Transaction” means a purchase that is (a) in an amount greater than the Minimum Purchase Amount; (b) from a participating Merchant; (c) in connection with a Rewards Offer; (d) made with a Linked Card or submitted through a Receipt; and (e) in Dealsfact’s sole discretion, satisfies all of the Promotion Terms.
“Receipt” means a proof of purchase from an in-store Qualifying Transaction with a Merchant during the Promotion Period. To be eligible for an In-Store Cash Back Reward, the Receipt must clearly display the date; Merchant name; receipt number or other identifier specific to that Merchant, that Qualifying Transaction and on that applicate date; the item(s) purchased; the item price; and total amount spent on the item(s). The Receipt must clearly display all required information and meet any other specified terms to be eligible for an In-Store Cash Back Reward, including terms displayed on the Promotion Landing Page or Rewards Offer Card. All decisions regarding whether to issue a Reward and/or accept a Receipt are in Dealsfact’s sole discretion.
“Redemption Process” means the steps you must take, as specified by Dealsfact in its sole discretion, in order to redeem Approved Rewards. The Redemption Process is further described below.
“Reward” means a reward given by Dealsfact to you for fulfilling the requirements of the Promotion, as specified on a Promotion Landing Page and Rewards Offer Card.
“Rewards Offer” means an offer for a Reward.
“Rewards Offer Card” means the area of a website page or app that describes a Rewards Offer and may include the Link Cash Back Button, a details section, and a link to a Promotion Landing Page.
“Rewards Wallet” means the user interface associated with your Dealsfact account that will show Activated Rewards, Approved Rewards, and related information.
“Third-party Service Providers” is as defined in Section VI below.
“Total Rewards available during Promotion” or “Total Rewards Offer” means the limited quantity of Rewards available under the Promotion, as specified on the Promotion Landing Page if the quantity is limited.
6. How to Earn Cash Back Rewards
A. Online Cash Back Rewards.
To earn Rewards pursuant to a Rewards Offer for Online Cash Back Rewards, you must: (1) during the Promotion Period, click on the Promotion Link right before making an online purchase via the Merchant’s website; (2) complete the online purchase in an amount equal or greater to the Minimum Purchase Amount; and (3) satisfy any other conditions specified on the Promotion Landing Page. Upon verification that your purchase qualifies and that you have satisfied applicable requirements, the Reward specified for the applicable Rewards Offer will be considered an Approved Reward.
For purposes of clarification:
YOU MUST CLICK ON THE PROMOTION LINK FOR THE REWARDS OFFER DURING THE SAME SHOPPING SESSION THAT YOU COMPLETE YOUR PURCHASE FROM THE MERCHANT. IF YOU VISIT OTHER SITES BEFORE COMPLETING YOUR PURCHASE OR USE COUPON CODES NOT PROVIDED BY Dealsfact, YOUR PURCHASE MIGHT BE ASSOCIATED WITH A SERVICE OTHER THAN Dealsfact AND YOU MIGHT NOT BE ELIGIBLE FOR THE REWARD(S).
B. In-Store Cash Back Rewards – Linked Card and Receipt Scanning.
IN ORDER TO EARN IN-STORE CASH BACK REWARDS WITH A LINKED CARD, IN ADDITION TO THE PROCEDURES DESCRIBED IN THESE PROMOTION TERMS AND/OR ON THE PROMOTION LANDING PAGE, YOU AGREE THAT THE PAYMENT SERVICES PROVIDER MAY MONITOR YOUR LINKED CARD TRANSACTIONS TO IDENTIFY QUALIFYING TRANSACTIONS AND PROVIDE TRANSACTION DATA TO Dealsfact EITHER DIRECTLY OR THROUGH THIRD-PARTY SERVICE PROVIDERS FOR USE TO ENABLE IN-STORE CASH BACK REWARDS OFFERS AS DESCRIBED BELOW.
To earn Rewards pursuant to a Rewards Offer with a Linked Card, you must: (1) register your Eligible Payment Card; (2) Activate the Rewards Offer; (3) complete the required purchase with your Linked Card in an amount equal or greater to the Minimum Purchase Amount; and (4) satisfy any other conditions specified on the Promotion Landing Page or Rewards Offer Card.
To earn Rewards pursuant to a Rewards Offer by submitting a Receipt, you must: (1) Activate the Rewards Offer, if applicable; (2) complete the required purchase via a Qualified Transaction; (3) submit a valid, readable Receipt through the Promotion Landing Page in accordance with the stated terms; and (4) satisfy any other conditions specified on the Promotion Landing Page or Rewards Offer Card.
Upon verification that your purchase qualifies and that you have satisfied applicable requirements, including submitting a Receipt that meets Dealsfact’s requirements and provided that the Reward Offer is available, the Reward specified for the applicable Rewards Offer will be considered an Approved Reward.
You agree to at all times provide accurate and complete information to Dealsfact. In addition to the other terms and restrictions set forth herein, you agree not to: submit a Receipt that is false, inaccurate, fabricated, counterfeited, incomplete, tampered with, adjusted, or otherwise inauthentic for the purpose of seeking to claim a Reward; redeem, or attempt to redeem, a Reward for products that have not actually been purchased, or for products that have been returned; submit or attempt to submit a Receipt that has already been submitted or used by you or another user; or submit Receipts outside of a Promotion Period, or for a purchase that took place prior to or after the launch date of a Rewards Offer.
You are required to be the cardholder on the account or an authorized user of the Linked Card to be eligible for a Rewards Offer. If a Linked Card is no longer valid or is lost or stolen, or if you receive a replacement card with a different account number or expiration date, you must log into your Dealsfact account and add or update the card details on ﬁle in order to be eligible for Rewards.
Your Linked Card(s) will be automatically linked to each Activated Rewards Offer that you are eligible for and will remain linked until you unlink the Linked Card from an Activated Rewards Offer, revoke your consent for a Linked Card, or delete that Linked Card from your account. Dealsfact may, in its sole discretion, extend the redemption period for a Rewards Offer. You may unlink an Activated Rewards Offer from a Linked Card at any time by contacting Dealsfact Customer Support. You may revoke consent or add or remove Linked Cards and terminate your participation in the Promotion program in your Dealsfact Wallet at any time by following the steps below:
1. Go to your account profile;
2. Click on the Linked Cards section;
3. Swipe left to delete cards; and
4. Repeat this process for every card you wish to delete
Credit card transactions can generally be monitored to identify Qualifying Transactions, and most – but not all – Visa, American Express, and Mastercard debit card transactions will be eligible as Qualifying Transactions if run as “credit” transactions (i.e., you use a signature, not your Personal Identiﬁcation Number (“PIN”), to complete the applicable Qualifying Transaction). The following purchases will not be treated as Qualifying Transactions (and you will not be awarded Rewards for these purchases): (i) if you use a PIN when paying with your Linked Card; (ii) any transaction that is not directly processed or submitted through the Visa U.S.A., American Express, and Mastercard payment systems, as applicable; and (iii) any purchase a Payment Service Provider is unable to monitor (including purchases you initiate through identiﬁcation technology that substitutes for a PIN and transactions made through a payment method such as a digital wallet or a third party payment product where your Linked Card is a funding source but you do not present your Linked Card directly to the Merchant). As between you and Dealsfact, the determination as to what transactions are Qualifying Transactions shall be made by Dealsfact in its sole discretion.
C. Bonus Rewards.
From time to time, Dealsfact may offer a Bonus Reward to certain Dealsfact members who complete a qualifying activity or who meet certain criteria, as defined in a Rewards Offer Card or Promotion Landing Page, in addition to or in combination with offers for Online Cash Back Rewards, Gift Card Cash Back Rewards or In-store Cash Back Rewards. For example, Dealsfact may offer a “My First Time” Bonus Reward to new members who earn an Online Cash Back Reward for the first time or earn certain Online Cash Back Rewards for the first time. In order to earn a Bonus Reward, you must satisfy all criteria set forth for earning the Bonus Reward as well as the requirements of these Promotion Terms during the promotion period for the Bonus Reward. Dealsfact, in its sole discretion, may adjust the promotion period and/or the bonus amount for Bonus Reward, at any time, without notice. All decisions by Dealsfact are final and binding on you. Bonus Rewards are a limited time offers and all criteria must be satisfied within the dates of the promotion.
7. Returns, Approvals, and No Ownership
For any Rewards Offer, if you return or exchange the items purchased, complete your purchase before or after the Promotion Period, initiate a purchase that results in a chargeback, or fail to satisfy a Minimum Purchase Amount, or any other conditions specified on the Promotion Landing Page or Rewards Offer Card, Dealsfact reserves the right to invalidate or withdraw all or part of the Rewards Offer. The determination of whether or not a purchase qualifies for the Rewards Offer and whether applicable conditions have been satisfied is at the sole discretion of Dealsfact. In the event of a dispute, you may be required to provide your order confirmation as proof of purchase. The timing of when Dealsfact will issue an Approved Reward will vary based on a number of factors. These factors may include the type of Promotion pursuant to which a Reward is offered and your account activity as a member of Dealsfact. For example, Dealsfact may generally issue some types of Approved Rewards within 45 calendar days from the date of the Qualifying Transaction, but, in some cases, may require a longer time period. Dealsfact reserves the right, in its sole discretion, to determine the order and timing in which to process its confirmation of eligible purchases. Rewards may be limited where participation exceeds the Total Rewards Offers available during Promotion or in other cases, as determined by Dealsfact in its sole discretion. Dealsfact also reserves the right, in its sole discretion, to reevaluate Approved Rewards, at any time, without notice, including, but not limited to, whether purchases qualify for the Promotion and whether applicable conditions have been satisfied, and Dealsfact, in its sole discretion, may adjust or withdraw any Rewards Offers or any Approved Rewards, at any time, without notice. All decisions by Dealsfact are final and binding on you.
Participating in a Rewards Offer does not give you ownership or any other legal claim to any Reward unless and until Dealsfact, in its sole discretion, determines that you have met all eligibility criteria and fulfilled all requirements for the Promotion and you have completed the Redemption Process. Rewards Offers are provided solely by Dealsfact and are not underwritten or funded by any other third party. You may not make any claims for Rewards Offers against Merchants or any other third party. Notwithstanding that Rewards Offers may include offers of cash, prior to redemption as provided under Section V, Rewards Offers and Approved Rewards have no monetary value and you may not obtain any money or any other thing of value for any Approved Reward or participation in any Rewards Offer unless and until you complete the Redemption Process and a payment has been issued by Dealsfact for Approved Rewards redeemed under Section V.
8. Wallet and Redeeming Rewards
A. Redeeming for cash to PayPal.
In order to redeem Approved Rewards for cash via PayPal, you must: (1) have or create a PayPal Account that is linked to the email address that Dealsfact has on file for you; (2) navigate to the “My Rewards” section of “My Wallet”, click “Redeem Reward”, and then click “Get Cash” and “Venmo;” and (3) perform any actions specified in the Dealsfact app or website, as modified from time to time in the sole discretion of Dealsfact. For example, such actions may include authenticating your account by providing a US based cell phone number with SMS capabilities or re-entering a password, clicking the appropriate link or button and linking your payment card and shopping with the Linked Card at the participating merchant. Once you have completed the required steps to redeem Approved Rewards, Dealsfact will issue a payment to the PayPal Account that is linked to the email address that you provided Dealsfact at the time you created your account. An email will be sent to that email address confirming that the payment has been issued. Generally, redemption of an Approved Reward will result in the issuing of payment within minutes, but in some cases may require a longer time period. Dealsfact is not responsible for lost or stolen payments or for delivery of payments to the wrong PayPal account.
B. Redeeming for cash to Venmo.
In order to redeem Approved Rewards for cash via Venmo, you must: (1) have or create a Venmo Account that is linked to the phone number that Dealsfact has on file for you; (2) navigate to the “My Rewards“ section of “My Wallet“, click “Redeem Reward“, and then click “Get Cash“ and “Venmo;“ and (3) perform any actions specified in the Dealsfact app or website, as modified from time to time in the sole discretion of Dealsfact. For example, such actions may include authenticating your account by providing a cell phone number or re-entering a password, clicking the appropriate link or button and linking your payment card and shopping with the Linked Card at the participating merchant. Once you have completed the required steps to redeem Approved Rewards, Dealsfact will issue a payment to the Venmo Account that is linked to the phone number that you provided Dealsfact at the time you created your account. A text message will be sent to that phone number confirming that the payment has been issued. Generally, redemption of an Approved Reward will result in the issuing of payment within minutes, but in some cases may require a longer time period. Dealsfact is not responsible for lost or stolen payments or for delivery of payments to the wrong Venmo account.
C. Forced Redemptions.
You are responsible for ensuring compliance with any limitations or requirements specified by Dealsfact from time to time, including, but not limited to, requirements to redeem Approved Rewards that exceed amounts specified by Dealsfact. Dealsfact reserves the right, in its sole discretion, from time to time, to cause the redemption of Approved Rewards, in whole or in part, and issue payments to the PayPal account linked to the email address that you provided Dealsfact at the time you created your account, but Dealsfact undertakes no obligation to do so under any circumstances. You hereby authorize Dealsfact to perform any such redemptions and issue any such payments to the PayPal account linked to the email address that you provided Dealsfact at the time you created your account, automatically and without further action by you.
9. Third Party Monitoring and Transaction Data for In-store Cash Back Rewards
Your transactions at participating Merchants will be monitored by the applicable Payment Services Provider. This means that Dealsfact will notify the applicable Payment Services Provider when you have Activated a Rewards Offer and will provide your Linked Card number to the Payment Services Provider, and the Payment Services Provider will notify Dealsfact when it identifies, and provide details of, a Qualifying Transaction. You authorize Dealsfact and the relevant Payment Services Provider to provide such notifications and engage in such monitoring.
10. Abuse and Cancellations.
Use of any automated means or more than one account to participate is prohibited and will result in disqualification. In the event of any dispute as to the qualification of potential recipients of a Reward, the authorized account holder of the email address provided to Dealsfact at the time the account was created will be deemed the qualified recipient. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential recipient of Rewards may be required to show proof of being an authorized account holder.
11. RxSaver by Dealsfact – Not Medical Advice and Void Where Prohibited
The contents of the RxSaver by Dealsfact Services are for informational purposes only. The contents are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Services. Please seek medical advice before starting, changing or terminating any medical treatment.
Dealsfact does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Services. Reliance on any information provided by Dealsfact or others is solely at your own risk.
Certain states have imposed restrictions on the use of prescription drug coupons. Therefore, Rx Saver coupons are void where prohibited by law.
12. Community Participation
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Dealsfact (“Account”). You represent and warrant that all information provided by you to Dealsfact is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
For additional information on the terms of participating in our online community, please visit our Community FAQ.
B. Password and Security
As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Dealsfact immediately if you become aware of any unauthorized use of your Account(s).
C. User Generated Content
Dealsfact does not pre-screen or regularly review all user contributed content (“Submissions”). Dealsfact reserves the absolute right (though not the obligation) to edit or remove, without notice, any Submissions. Dealsfact disclaims (i) any warranty that it will edit, remove, or continue to display any Submissions and (ii) any liability for editing, removing, or continuing to display any Submissions. Dealsfact does not have an obligation to respond to complaints or investigate complaints.
By posting any Submissions, you represent and warrant:
(a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or
(b) such posted content is in the public domain, or
(c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual or proprietary property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the Sites or Applications:
(a) adult content, pornography, explicit sexual images, or nude images;
(b) content that is offensive, defamatory, threatening, harassing, intimidating, explicit, vulgar, or obscene;
(c) content promoting discrimination, bigotry, racism, hate, harassment, harm, abuse or destructive actions;
(d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content;
(e) content promoting pirated software;
(f) content intending for phishing or spreading malware;
(g) content that is disparaging of any person or entity;
(h) content that is in violation of any law or regulation; or
(i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.
You agree that all of Dealsfact’s trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “Dealsfact”, “Dealsfact Everyday”, “Score the Savings You Want”, and “Save When You Want, Where You Want”) that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of Dealsfact. You agree not to display or use Dealsfact’s Marks in any manner without Dealsfact’s prior permission, including but not limited to as a part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Dealsfact has any relationship with that third party or that such third party endorses the Services or Dealsfact.
D. License to Dealsfact
By posting or contributing Submissions, or by providing any feedback, testimonials, suggestions, ideas, and other submissions to Dealsfact, you are granting Dealsfact a non-exclusive, royalty-free, perpetual, irrevocable and worldwide license to use such content in connection with the operation of the Services and for any purpose whatsoever, including, without limitation:
(a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, disclose, edit, translate, modify, adapt, create derivative works from and reformat such content, and/or to incorporate it into a collective work, and
(b) the right to sublicense any or all of Dealsfact’s license rights to others.
You acknowledge and agree that such rights are granted without paying you any compensation and without any further obligations or restrictions.
You further waive any and all moral rights in and to such content in favor of Dealsfact. For greater certainty, this means that, among other things, Dealsfact has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
13. Acts Against the Services
Dealsfact hereby grants you a limited, personal, non-exclusive, non-commercial, non-transferable license to access and use the Services as provided by Dealsfact solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
(b) causing, allowing, or assisting any other person to impersonate you;
(c) sharing your password or login with any other person;
(d) logging onto a server or Account(s) that you are not authorized to access;
(e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
(f) emulating or faking usage of the Services;
(g) violating or attempting to violate any security features of the Services;
(h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Sites or for data mining or automated data submission;
(i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services;
(k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Dealsfact;
(l) tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
(m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
(n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(p) accessing the Services through unauthorized connections;
(q) harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
(r) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(s) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
(t) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(u) deep-linking to any portion of this Services without our express written permission;
(v) acting illegally or maliciously against the business interests or reputation of Dealsfact or the Merchants promoted via the Services;
(w) hyperlinking to the Services from any other website without our initial and ongoing consent;
(x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Dealsfact, including using the Services or any of its contents, including Submissions, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
(y) reselling or repurposing your access to the Services or any purchases made through the Services; or
(z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Dealsfact to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Dealsfact, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
14. Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, Dealsfact hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet.
A. Information Accuracy
Dealsfact makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services (“Coupons”) or that any Merchant will honor or acknowledge any such Coupons. Dealsfact is not responsible for providing any value for any Coupons. Dealsfact is not responsible for the change of information at Merchants, including, but not limited to, rebate information, pricing, availability or fitness for use. You understand that Dealsfact does not and cannot review all material made available through websites linked or linking to any part of the Services.
C. Trademark Information
You agree that all of Dealsfact’s trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “Dealsfact”, “Dealsfact Everyday”, “Dealsfact Rx Saver” “RxSaver by Dealsfact” and “LowestMed”) that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of Dealsfact. You agree not to display or use Dealsfact’s Marks in any manner without Dealsfact’s prior permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Dealsfact has any relationship with that third party or that such third party endorses the Services or Dealsfact.
D. Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Dealsfact or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Dealsfact or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as Submissions, text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, other material, and software (the “Works”) are the property of Dealsfact, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Dealsfact owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not use, copy, adapt, modify, remove, delete, augment, add to, publish, transmit, adapt, translate, license, participate in the transfer or sale of, transfer, publicly display or perform, transmit, broadcast, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Dealsfact and its licensors irreparable injury, which may not be remedied at law, and you agree that Dealsfact and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
E. Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov ), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Services will comply with applicable copyright laws. If Dealsfact receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Services in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Dealsfact’s Designated Agent to receive notification of alleged infringement under the DMCA is:
301 Congress Avenue, Suite 700
Austin, Texas 78701
Attn: Legal Department
Upon receipt of proper notification of claimed infringement, Dealsfact will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Dealsfact’s Designated Agent (listed above) the following information in a written communication (preferably via email):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dealsfact to locate the material on the Sites or Applications;
Information reasonably sufficient to permit Dealsfact to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Dealsfact’s Designated Agent (listed above) the following information in a written communication (preferably via email):
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, and telephone number;
The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your signature, in physical or electronic form.
Upon receipt of such counter notification, Dealsfact will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that Dealsfact will replace the removed material or cease disabling access to it in 10 business days. Dealsfact will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, Dealsfact will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.
You acknowledge and agree to indemnify and hold Dealsfact, its affiliates, and their respective directors, officers, employees, agents, or other representatives, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of (a) your use of the Services, (b) your Submissions, (c) your violation of these Terms, (d) the infringement by you or made under your Account(s) of any intellectual property or other right of any person or entity or (e) any products or services purchased by you in connection with the Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you.
19. Disclaimer, Release, & Limitation of Liability
THE SERVICES AND ANY SUBMISSIONS, CONTENT AND INFORMATION PROVIDED ON OR ACCESSIBLE FROM THE SERIVCES, ARE PROVIDED BY Dealsfact ON AN “AS IS” AND “AS AVAILABLE” BASIS. Dealsfact MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES, OR E-MAIL SENT FROM Dealsfact ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE Dealsfact FROM ANY AND ALL CLAIMS OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY) RELATED TO: ANY PRODUCT OR SERVICE OF A MERCHANT; ANY ACTION OR INACTION BY MERCHANT; MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW; PARTICIPATION IN A PROMOTION; USE OR MISUSE OF ANY REWARDS OFFER; OR ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
THE MERCHANTS ARE FULLY AND SOLELY RESPONSIBLE FOR THE CARE AND QUALITY OF ALL GOODS AND SERVICES THEY PROVIDE TO YOU AND FOR ANY AND ALL INJURIES, ILLNESSES, DAMAGES, CLAIMS, LIABILITIES AND COSTS (“LIABILITIES”) THEY MAY CAUSE YOU TO SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART, WHETHER RELATED TO THE USE OR ACTIVATION OF A REWARDS OFFER OR NOT.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY YOU, TYPOGRAPHIC ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY REWARDS. IF FOR ANY REASON YOUR PURCHASE IS NOT RECORDED, ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, YOUR SOLE REMEDY IS TO COMPLETE ANOTHER PURCHASE DURING THE PROMOTION
C. Limitation of Liability
TO THE EXTENT ALLOWED BY APPLICABLE LAW, Dealsfact, ITS AFFILIATES, LICENSORS, VENDORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES Dealsfact AND EACH PAYMENT SERVICES PROVIDER (“RELEASED PARTIES”) HEREBY DISCLAIM ANY LIABILITY TO YOU IN CONNECTION WITH YOUR PARTICIPATION IN A PROMOTION, INCLUDING ANY ACTIVATION OF A REWARDS OFFER OR REDEMPTION OF ANY REWARDS. THIS INCLUDES, WITHOUT LIMITATION, ANY GOODS OR SERVICES SOLD IN CONNECTION WITH A REWARDS OFFER, HONORING OR FULFILLING A REWARDS OFFER, THE MERCHANT WHOSE GOODS OR SERVICES ARE THE SUBJECT OF A REWARDS OFFER, OR THE FAILURE OF Dealsfact OR A PAYMENT SERVICES PROVIDER TO PROVIDE ANY NOTIFICATIONS OR ENGAGE IN ANY MONITORING DESCRIBED HEREIN, TO APPROVE THE REWARD FOR A QUALIFYING TRANSACTION, OR TO PROVIDE ANY UPDATES ABOUT A REWARDS OFFER OR REWARD.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL AND INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, PROMOTIONS, ANY SUBMISSIONS, THE APPLICATIONS OR SITES, OR A THIRD PARTY’S COUPONS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Dealsfact WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
20. Dispute Resolution
By agreeing to these Terms, you agree to resolve any and all disputes with Dealsfact and relating to any Promotion(s) as follows:
A. Initial Dispute Resolution
Most disputes can be resolved without resort to litigation. You can reach our Customer Support by sending an email to: support@Dealsfact.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our Customer Support, and good faith negotiations shall be a condition to either party initiating arbitration or, where applicable, a lawsuit.
B. Binding Arbitration
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Dealsfact will pay the additional filing fee. If the arbitrator finds the arbitration to be non-frivolous, Dealsfact will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial (where applicable). They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Travis County in the State of Texas, United States of America, and you and Dealsfact agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
C. Exception for Intellectual Property Claims, Small Claims Court Claims, and Injunctive or Other Equitable Relief by Dealsfact
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property exclusively in Texas State Court located in Travis County, Texas, in the United States District Court for the Western District of Texas (Austin Division), or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You agree to submit to the personal jurisdiction all three courts. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Where applicable and not overridden by federal law, litigation under this exception shall be governed by the laws of the state of Texas, regardless of your country of origin or where you access the Promotions or related services, notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
You acknowledge and agree that any violation or breach of the Terms may cause Dealsfact immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Dealsfact reserves the right, in its discretion, to immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Dealsfact in law or in equity, Dealsfact may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction. Notwithstanding the above, you agree that Dealsfact shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
D. Class Action Waiver
The parties further agree that arbitration or, where applicable, litigation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Dealsfact AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
E. 30-Day Right to Opt Out.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to firstname.lastname@example.org with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you participated in a Promotion subject to any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Dealsfact also will not be bound by them.
F. Changes to This Section.
Any changes to this section will only become effective sixty (60) days after the revised Effective Date of these Terms and only will apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence when you participated in the Promotion(s) at issue.
G. Express Survival.
The Mandatory Arbitration (19.B.) and Class Action Waiver (19.D.) sections shall survive any termination of the Promotion program covered by these Terms.
A. Third Party Legal Notices
Certain features of the Services are subject to third party terms and conditions.
Our Applications for Android-based mobile devices utilize the Google Maps Android API and, as a consequence, are subject to the legal notices published at this link
Our Applications for iOS-based mobile devices (“our iOS App”) is subject to the following terms imposed by Apple, Inc. (“Apple”): (i) these Terms are between Dealsfact and you only, and not with Apple. Apple is not responsible for our iOS App and the content thereof; (ii) your license to use our iOS App is limited to a non-transferable license to use the iOS App on an iOS product that you own or control and as permitted by the usage rules set forth in Apple’s App Store terms of service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS App; (iv) in the event of any failure of our iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our iOS App; (v) Apple is not responsible for addressing any claims of yours or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) in the event of any third party claim that our iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties; (viii) you must comply with any other applicable third party terms when using our iOS App (e.g., your wireless data service agreement); and (ix) Dealsfact and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
B. Termination of Service
Dealsfact disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Dealsfact reserves the right to modify, add or discontinue any aspect, content or feature of the Service, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you. Your continued use or accessing of the Services following the posting of any such changes to the Terms constitutes your acceptance of the changed Terms. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Sites, Applications or Services, including but not limited to all content, services, digital products, tools or products, and any other acts engaging in unlawful or inappropriate conduct using the Services, is hereby expressly prohibited.
C. International Use
Although the Services may be accessible worldwide, we make no representations that materials on the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Dealsfact may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
ANY PROVISION OF THESE TERMS AND CONDITIONS THAT BY ITS NATURE IS REASONABLY INTENDED TO SURVIVE BEYOND TERMINATION OF THESE TERMS AND CONDITIONS SHALL SURVIVE.
20. Damages For Violations Of Section 13(d)-(z)
In addition to any injunctive relief discussed above, if you are involved or cause others to be involved in behavior that violates Section 13(d)-(z) above, you agree to pay to Dealsfact the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by such a violation of these Terms for which you bear responsibility. Further, you acknowledge that, for violations of Section 13(d)-(z), actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating Section 13(d)-(z), you agree to pay liquidated damages to Dealsfact as described in the schedule set forth in Section 21 below.
Furthermore, you agree that the amounts of liquidated damages described in Section 21 below are reasonable estimates of Dealsfact’s damages for violations of Section 13(d)-(z).
You further agree that, to the greatest extent permitted by applicable law, every remedy described by these Terms, including the liquated damages set forth in Section 21, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
21. Liquidated Damages Schedule For Violations Of Section 13(d)-(z)
For purposes of this schedule of liquidated damages, “Item of Content” means each and every Coupon of any type featured on the Dealsfact website by Dealsfact or any user (or any other third party in any manner). Each Coupon that is featured on the Dealsfact website is a single Item of Content. Each Item of Content shall be considered and treated as an individual, discrete Item of Content even if it contains the same or substantially similar content as one or more other Items of Content.
For purposes of this schedule of liquidated damages, “Instance of Unauthorized Conduct,” or “Act” means each individual time Dealsfact’s servers are accessed in connection with or in facilitation of a violation of Section 13(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated in below, each day Dealsfact’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
For each violation of Section 13(d)-(z), you agree to pay liquidated damages to Dealsfact in the amount specified below. You further acknowledge and agree that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
A. $50 Per Item of Content copied in Violation of Section 13(h) or (k)
You agree to pay $50 per violation for each Item of Content accessed or obtained via Dealsfact (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Sites of Dealsfact or for data mining or automated data submission or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Dealsfact.
B. $100 Per Instance of Unauthorized Conduct in Violation of Section 13(d)-(e)
You agree to pay $100 per violation for each (1) Act of logging onto a server or Account(s) that you are not authorized to access or (2) Act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity.
C. $1,000 Per Instance of Unauthorized Conduct in Violation of Section 13(f)-(g)
You agree to pay $1,000 per violation for each (1) Act of emulating or faking usage of the Services or (2) Act of violating or attempting to violate any security features of the Services.
D. $10,000 Per Instance of Unauthorized Conduct in Violation of Section 13(h)-(z)
You hereby acknowledge that certain technology can be misused to facilitate harm to Dealsfact, its users, and/or its affiliates on a massive scale.
You agree to pay $10,000 for each:
(1) Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Sites or for data mining or automated data submission;
(2) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(3) Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services;
(4) Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Dealsfact;
(5) Act of tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
(6) Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
(7) Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(8) Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(9) Act of accessing the Services through unauthorized connections;
(10) Act of harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
(11) Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(12) Act of engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
(13) Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(14) Act of deep-linking to any portion of this Services without our express written permission;
(15) Act of acting illegally or maliciously against the business interests or reputation of Dealsfact or the Merchants promoted via the Services;
(16) Act of hyperlinking to the Services from any other website without our initial and ongoing consent;
(17) Act of using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Dealsfact, including using the Services or any of its contents, including Submissions, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
(18) Act of reselling or repurposing your access to the Services or any purchases made through the Services; or
(19) Act of using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Dealsfact to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Dealsfact, including without limitation, aggregating current or previously offered coupons or deals as set forth in Section 13(f)-(z).
If you have any questions or comments about these Terms, please contact us at the following address:
301 Congress Avenue, Suite 700
Austin, Texas 78701
Attn: Legal Department
Customer Service Support
If you need Customer Service Support for our Dealsfact Services, please contact:
Dealsfact, Inc. https://Dealsfact.com
How We Make Money
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