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Changes to Terms. We are permitted, at Our sole discretion, to update, add to, modify, remove, discontinue, or otherwise alter any of the terms of this Agreement at any time and for any purpose. We may, but are not required, to provide You with notification of any changes to the terms of this Agreement by any methods so decided by Us. Any changes to the terms contained herein shall be immediately binding upon You. Upon such changes, continued use of Our Site shall constitute Your acceptance and agreement to the terms and any changes to such. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the website. If You do not agree to the terms of this Agreement, You are to stop using this Site immediately. The terms provided here, as of the date last updated, are the version that shall be binding upon You, and shall further supersede any version previously provided.
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Accuracy, Timeliness, and Completeness of Information. We shall, in no way, be responsible for any information that may be available on Our Site or through any third-party links, nor for any provisions in this Agreement that may not be accurate, current, or complete. Any information, content, or material that is made available on this Site should not be solely relied upon or used exclusively for any decision that You choose to make. You are solely responsible for any risks taken by You or any reliance by You on the information provided or otherwise available through this Site. Our Site may contain information that is historical, and thus may not be current, which may be solely for purposes of reference.
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Your Account. To create an account on Our Site, You must be eighteen (18) years of age or older and shall provide Us with an active email address to activate Your personal account on Our Site (“Account”). Each person shall not be permitted to have more than one (1) Account. Your Account shall be used to view and access Our affiliate sites and companies as well. You may choose to provide Us with supplementary information should You want to redeem certain promotions and offers provided through Our affiliate sites and services. Any information You provide Us may be saved and available for Your convenience to access Our affiliated services, including but not limited to any payment information that may be saved. All information submitted by You to Us, or otherwise collected by Us, shall be subject to the terms of Our Terms of Use, which can be accessed here: https://alldeals.com/terms-of-use.
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Subscriptions. If applicable to the current structure of this Site, should You engage in any subscription services, You hereby agree and understand that you are to remain a subscribing member for the entirety of the term of the initial subscription, which shall be specified when registering for any Services or products on a case-by-case basis. By registering for a subscription Service of any Services or products, You hereby are committing to pay the applicable fee pay cycle, as applicable, during the entire term of the specific product or service. Any relevant subscription fees shall be due at the start of each financial billing period, as determined by the start date of the initial subscription. Any individual Services or products made available through the Site may not be substituted or otherwise interchangeable and shall remain the same through the entire term. A User will only be entitled to cancel any subscription after obtaining express, prior written consent by Us, granted at Our sole discretion. Should You register for a trial subscription, which may be made available to Users, You hereby agree and understand that at the conclusion of the trial subscription term, unless You otherwise terminate the trial subscription prior to the end of the term, You will automatically be enrolled in a traditional subscription program, which will require You to begin payment for the subscription services where applicable. You hereby agree to pay for all subscription charges incurred during any subscribed month(s) regardless of software usage, and refund requests will only be honored if the charge was placed within the past thirty (30) days of refund request. We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time.
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License. Under the Terms included in this Agreement, You are hereby granted, by Us, a non- transferable and non-exclusive license, without the right to sublicense, to use and access of the materials, properties, data, links, text, images, chat, software, communications, anything on the site, or other related content (“Content”) and Services provided on this Site. Other than those rights which are provided in this Agreement, You hereby understand and agree that You do not obtain any rights or licenses to Content. We are entitled to upgrade, discontinue, or change the Content, Service, or any other feature that is included on this Site, at any time and without notice to You. All rights are reserved by Us or Our licensors, unless otherwise expressly conferred or granted under the terms of this Agreement.
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Restrictions. You may use the Website only for lawful purposes and in accordance with this Agreement. You hereby understand and agree that You shall not, and shall not allow others to: (i) transmit to the Site or any affiliated Content or Services, any code, worm, bug, or otherwise that might harm or disrupt the Site; (ii) interfere with, overload, or damage the Site’s Content or Services; (iii) change, modify, alter, or delete any data, information, links, text, images, chat, software, communications, or any other Content available on the Site; (iv) use any redirects, scripts, or otherwise to obtain or otherwise derive any financial benefits from Us; (v) access Our Site, Content, Services, or otherwise by means of electronic agents, bots, expert systems, or other automated means; (vi) sell, sublicense, or rent any of Our Content or property; (vii) copy, modify, decompile, reverse engineer, reverse assemble, or otherwise seek to obtain or access source code from our Site through any of the available Content, Services, property, or otherwise; (viii) access or attempt to access any of Our Content, information, or otherwise that may be confidential; (ix) provide access to Our Service, Content, Site, or otherwise to any unauthorized third party; (x) Share, post, or promote, on the Site or through our Content, any material in any form that may be obscene, defamatory, or otherwise unlawful or violative of any third party’s rights to publicity or privacy; (xi) hinder or interfere with the functionality or operation of the Site, including, but not limited to, propagation of viruses, worms, bugs, or otherwise, and dissemination or distribution of unauthorized or unsolicited mail and advertising communications; (xii) in connection with Your use of Our Site, Content, or Services, infringe upon the patent, service mark, trademark, copyright, or other intellectual property rights of any third party, or otherwise misappropriate any third party’s related trade secret rights; (xiii) use any automated or manual software, programs, devices, processes, or otherwise to gather information or index any page of Content from Our Site, including, but not limited to, doing so by way of “spidering”, “scraping”, or “crawling”; (xiv) partake or engage in any activities that in any way violates applicable federal, state, local or international law or regulation of any applicable jurisdiction (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries), or otherwise partake or engage in any misleading, illegal, or manipulative activity while using the Site; (xv) construct or build a competitive service or product based on any copied features, ideas, functions, Services, Content, or graphics from Our Site; (xvi) engage in unauthorized reselling activities on any marketplace, and accounts found involved in such reselling activity will be subject to permanent termination; (xvii) To send knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of use; to transmit or procure the sending oa any advertising or promotional materials [without Our prior consent], including any “junk mail,” “chain letter”, “spam“ or any other similar solicitation. (xviii) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses (or screen names) associated with any of the foregoing; (xix) To engage in any other conduct that restricts anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. Additionally, You agree not to use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website and not to use any robot, spider or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will stop immediately and you must, at Our option, return or destroy any copies of the materials you have made. We may disclose information about the user, including the users identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user’s right to use the site.
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Product Denial. We are entitled, in our sole discretion and without notice, to remove or deny any User’s submissions of any products, Content, or Services.
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Cancellation. We are entitled, in our sole discretion and without notice, to deny, delay, or cancel any scheduled subscriptions, deals, or points for any or no reason, including without limitation a violation of these Terms of Use; Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringed upon any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Website or the public, or could create liability for the Company; disclose your identity or other information about you to any third party who claims that material posted by you to any third party who claims that materials posted by you violates their rights, including their intellectual property rights or their right to privacy; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms of Use. Further, in the event of a cancellation or unsuccessful order transaction initiated by You, whether by choice or for reasons beyond your control, You understand and agree that we reserve the right to debit the payment method on file to collect any funds owed to us for order cancellations, outstanding balances, or any other amounts due under the terms of this agreement. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, THE OTHER AFOREMENTIONED PARTIES OR LAW ENFORCEMENT AUTHORITIES.
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Transaction Fees.
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Fee Assessment. By using this platform and participating in promotional deals that result in Deal Points, User Commissions, or any other payment rewards, You agree to the assessment of a Variable Transaction Fee equal to a percentage of the total value of any such deal(s), commission(s), or reward(s). This fee shall be applied to cover administrative, operational, and processing costs associated with the promotion and payout of deals.
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Calculation of Fee. The Variable Transaction Fee will be calculated (“Variable Fee Calculation”) based on the total deal value before any applicable taxes, fees, or other deductions. The Variable Fee Calculation uses an algorithm to determine the appropriate fee percentage, which can range from 1% to 10% of the total product cost. This fee will be deducted from the total deal value, and the remaining amount will be used for the calculation of deal points, user commissions, or payment rewards.
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Modification of Fee. We reserve the right to modify the Variable Transaction Fee percentage at our discretion, and any such changes will be communicated to You through the platform's notification system or via email. Your continued use of the platform after such modifications will constitute your acceptance of the updated transaction fee terms.
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Dispute Resolution. If you believe there has been an error or discrepancy in the assessment of the Variable Transaction Fee, you must promptly notify us through the platform's designated channels, and we will investigate the matter in accordance with our dispute resolution process.
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Programs.
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User Commission and Deal Points. For those purchases which may be completed through Our Site, We provide the opportunity for those who have accounts (“Members”) to receive certain user commission and points, including but not limited to Deal Points, Loyalty Points, gift cards, electronic checks, rewards (“User Commission and Deal Points”). Upon referring customers to brands, merchants, retailers, or other participating partners (“Affiliate Stores”), We may receive compensation from such Affiliate Stores. Upon receiving payment from Affiliate Stores, We give a share of the compensation as Deal Points to Our Members. Our placement, promotion, and visibility of Affiliate Stores on Our Site may be based upon the compensation paid to Us by these Affiliate Stores. Subject to Your agreement to and compliance with this Agreement, engaging in this Site and Our offered Services, as well as the opportunity to obtain Deal Points and User Commission are based on Our sole discretion.
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In-Store User Commission and Deal Points. If applicable to the current structure and features of this Site, to be entitled to User Commission or Deal Points on purchases made in store (“In Store User Commission and Deal Points”) at the physical retail locations of specific Affiliate Stores, You must first link your card for payment to an offer provided in-store (“Link Offer”). You shall subsequently be required to use the same card for payment to make the transaction for purchase subject to the terms of the Link Offer. Should such terms vary from those provided in this Agreement, the relevant terms associated with the Link Offer shall govern the ways in which the In Store User Commission and Deal Points may be paid and earned.
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Online User Commission and Deal Points. If applicable to the current structure and features of this Site, to be entitled to User Commission or Deal Points on purchases made online, You must first register for an Account on Our Site and ensure that You are logged in to the Site using the associated Account. You must also use the shopping links that are provided within the Site and subsequently complete Your transaction during the same session that was commended after You initially clicked on the shopping link provided. You may not be entitled to earn User Commission or Deal Points if You visit or browse other sites prior to completing Your transaction on Our Site, as the relevant purchase may not be accurately associated with Our Site. “Cookies” must be enabled on Your computer to earn User Commission and Deal Points because such cookies are used for authentication purposes and subsequently confirm and verify the relevant Account that may be entitled to User Commission or Deal Points.
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Deal Points Exclusions. Deal Points earnings are calculated from the amount of the net purchase, less any fees, discounts, taxes, credits, gift-wrapping, shipping, cancellations, returns, and extended warranties. Purchasing any gift cards, promotional products, or Affiliate branded products, are not entitled to Deal Points. Further, the relevant Deal Points amount shall vary for each product and store, and similarly may be subject to additional exclusions in the applicable store’s terms, which should always be reviewed carefully and thoroughly.
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Affiliate Store Limitations. Whereby any Affiliate Store terminates, cancels, or otherwise suspends its relationship with Us, We are not entitled to give away any share of Deal Points associated with the terminating Affiliate Store. Further, no Affiliate Store is entitled to deduct any fees or other costs or expenses from the commission owed to Us, unless otherwise provided for within the terms of this Agreement.
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Browser Extension. Should We make a browser extension available to You for improved shopping experiences, Your continued use of Our browser extension shall be subject to Our Terms of Use https://alldeals.com/terms-of-use and will prevail to the extent if the Terms of Use https://alldeals.com/terms-of-use conflicts with or varies from this Agreement.
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Store Policies. You hereby understand and agree that Affiliate Stores operate independently and are not subject to Our control. We are in no way an agent for any Affiliate Store. Whether in store or online, all products purchased from any seller or Affiliate Store shall be governed by the policies of the applicable seller or Affiliate Store, including their shipping and exchange policies. Any communications, correspondences, participation in offers and promotions, or otherwise, are exclusively between You and the relevant Affiliate Store. We shall not be liable for any responsibilities or obligations related to such correspondences with Affiliate Stores, or for their related promotions, including, but not limited to, modification, withdrawal, termination, or otherwise of any promotions or offers. Further, We shall not be responsible for any modifications, changes, or discontinuances of any Affiliate Stores, or for the effect on User Commission or Deal Points rewards that may be caused by withdrawal from the Site by such Affiliate Stores.
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Bonuses and Other Rewards. We are entitled, but are not required, to offer rewards or additional bonuses for certain actions, such as referring a new Member to the Site. The specific terms associated with and accompanying each offer or reward shall prevail should they conflict or vary from the terms provided in this Agreement. In Our sole discretion, We are entitled to review, and subsequently deny, cancel, or withhold any awards or bonuses which may be unethical, fraudulent, abusive, suspicious, or otherwise inconsistent with the Terms of this Agreement or any federal, state, local or international law or regulation of an applicable jurisdiction. All decisions made by Us shall be final.
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Payment of User Commission, Deal Points, Bonuses, and Other Rewards.
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Requirements. We are entitled to refuse any order or otherwise which You may place through Our Site. To be eligible for User Commission, Deal Points and reward payments, You must do the following: (i) be able to receive emails through providing Your own, valid email address; (ii) create and continue to maintain an Account that is active, as described in the terms of this Agreement; (iii) protect Your account by creating and providing a secure password; and (iv) provide Your valid payment email address or other relevant bank information for payments and Your personal address. You may not use the same payment email address for Your Account that is associated with another Account on Our Site. As a prerequisite to receive payment, We are entitled to reasonable request, and You must provide Us with any additional information that may be necessary to confirm or verify Your identity.
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Payments for User Commission and Deal Points. To be entitled to User Commission, Deal Points, or other related rewards and bonuses, please refer to the minimum payment amount provided by the relevant membership tier. Any such Account balances below the amount specified per the relevant membership tier shall remain in Your Account for payment during the next period should You qualify for such. We shall pay all Members in U.S. dollars by way of electronic check, or other available payment options that We may choose to make available to Users at our sole discretion. Members are entitled to change or select the payment method in account settings. We will pay Members the acquired User Commission, Deal Points, and applicable Rewards subject to the current payment schedule, as specified by the relevant membership tier. Rates of accrual will vary between Affiliate Stores’ schedules and policies. You should refer to those policies specifically should You have any questions. We are entitled to delay any due payments for purchases based on the relevant Affiliate Store’s policy or schedule changes. We are also entitled to change or otherwise delay Our own payment schedule at any time and for any reason. We shall not be responsible or otherwise liable for any payment errors, delays, or otherwise that may result from no fault of Our own, including payment errors, delays, or mistakes, oversights or otherwise that arise from acts or omissions made by Our partners or Affiliate Stores. The applicable payment amount shall not be returned to Your Account in the case that Your check expires prior to being deposited or cashed unless the check is returned to us in which case the applicable payment amount shall be returned to Your Account. Unless You take appropriate measures to maintain or return Your Account to an active status as described within the terms of this Agreement, any payments returned to Your Account may be subject to charges related to inactive Account maintenance.
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Gift Cards. Occasionally, We may provide gift cards as a User Commission redemption offer or in relation to a specific promotion. Any gift cards shall be subject to the applicable terms, conditions, and policies that may be proscribed by the Affiliate Store that is the issuer of the gift card. We are in no way responsible for any payments, including gift cards, that may be stolen or lost.
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Account Changes. We are entitled, in Our sole discretion, to deduct Deal Points represented in Your Account or make other changes and/or adjustments for cancellations, refunds, and returns in relation to purchases associated with Our Deal Points Services. Any such changes shall be made subject to the terms of this Agreement, Affiliate Store terms, Our terms and policies as applicable, and those rules, laws, and regulations of the relevant jurisdiction. Whether or not a purchase made through an Affiliate Store will qualify for Deal Points through Our Site, is determined by Us in Our sole discretion. We are entitled to suspend or cancel the Deal Points associated with the relevant transaction where an Affiliate Store may fail to make a payment or fail to report a transaction to Us. It is Your sole responsibility to monitor the status of Your Account and ensure Your Deal Points payments have been properly accounted for and are accurately represented in Your Account. Should You believe that such information is inaccurate, You will have [30] days from the date the commission amount becomes payable to contact Us at [email protected]. We are entitled, but not required, to make account adjustments as We see fit, and in Our sole discretion. All decisions made by Us shall be final. After such notification and adjustments by Us, Your only further remedy is to terminate Your Account and stop using Our Site, should You disagree with any such changes to Your Account.
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Taxes. Subject to the local, state, and federal tax laws of the relevant jurisdiction, You may be taxed on any benefits, rewards, bonuses, or other forms of consideration received from Us. You shall be solely responsible for all tax liability that may arise from any of the forms of consideration obtained by You in relation to any promotional activities, member referrals, or other similar actions available to You through Our Site.
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Expiration. Submissions resulting in Deal Points, or any other rewards are subject to review and approval by our team. If a Submission is rejected, You are notified by Our team, and if no reconciliation is initiated by You within 60 days from the date of rejection, the Deal Points that would have been received/awarded had Submission been successful will automatically expire and become void.
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Account Maintenance.
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Updates. You hereby acknowledge, understand, and agree that You are required to keep all personal account information up to date, accurate, and complete. This can be ensured by updating Your information in Your Account periodically. To change any of Your information provided on Our Site, You must be logged into Your Account using Your relevant, active username and password. You shall maintain confidentiality and security of Your personal account information, including Your username and password, always. We are permitted to act accordingly in response to all commands or instructions provided/communicated through Your Account. We shall not be responsible for any changes, debits, or credits made to Your Account should somebody else access Your password and other login credentials and make such commands. You must immediately notify Us and change Your password should there be a breach of Your Account’s security. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We shall assume that any commands or instructions received by Us from Your Account is Your authorized command unless You have first and immediately notified Us of a breach to the security of Your Account. We shall not be required to investigate or otherwise question any such commands or instructions.
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Activity. Your Account shall be deemed active (“Active Account”) if You have logged into Your personal Account on the Site within the last six (6) months. Unless prohibited by applicable laws or regulations of the relevant jurisdiction, should You fail to maintain an Active Account as described above, We are entitled to debit $100 from Your Account’s accrued value each month to obtain reimbursement for Our required maintenance of Your Account (“Inactive Fee”), until you have reverted Your Account to an Active Account. Such Inactive Fees are nonrefundable, but in no case shall cause the balance of Your Account to become negative. Where the balance of Your Account is or becomes zero ($0 USD), we are entitled, but not required, to permanently close Your Account and eliminate any of Your Account access or records. Immediately after an account becomes inactive, all deals posted to our website by the inactive user will be transferred to Our possession, Our subsequent transfer of these deals/assets back to the user is at Our sole discretion.
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Fraudulent Activity. We are entitled, but not required, to question or further investigate any transactions, referral activity, or other interactions with Our Site should We, in Our sole discretion, have any reason to believe that such activity is causing harm, abusing our site, or breaking the terms of this Agreement or any related agreement. We are entitled to bar further awards and bonuses, rescind any Deal Points or User Commissions, and/or entirely terminate any Account that We, in Our sole discretion, have any reason to believe is causing harm or otherwise abusing Our Site, or breaching the terms of this Agreement or any related Agreement. Failure to comply with the terms of this Agreement, any abuse or fraud pertaining to Deal Points rewards, or any misrepresentations of information provided to Us by You or by anyone acting under Your authority, could result in Your Account being terminated and/or any Deal Points or other rewards being forfeited. Should We have any suspicion or reason for suspicion that any activity associated with Your Account is fraudulent, We are entitled to withhold or delay Deal Points payments to You. We shall review any suspected cases of fraudulent activity accordingly, with all determinations by Us deemed final.
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Defamation. Any slanderous, defamatory, negative remarks, or otherwise regarding All Deals, or any of our Affiliates, partners or subsidiaries, may result in account termination, which shall be determined in Our sole discretion and deemed final. Upon such termination, all commission, rebates, bonus or other reward balances, and deals posted to our site, will be forfeited and transferred to All Deals.
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Communications. By creating an Account, You hereby acknowledge, understand and agree that you may receive notices and communications from Us by way of electronic or direct mail and You consent to the receiving of such sent notices and Communications. Such Communications from Us may be related to shopping, relevant coupons and deals, as well as membership and Account information. Such communications include notices that We may be required to send to You under certain laws by way of direct mail or any other medium. We are permitted to use the information You provide to Us to either contact You by electronic mail or direct mail. You shall notify Us of any changes to Your email address that you make after the creation of Your Account. Regarding mobile applications, you acknowledge, understand and agree that We are permitted to send push notifications to You, and you consent to receipt of such push notifications, should You install a relevant mobile application. Should You provide Us with Your mobile phone number, you hereby acknowledge, understand and agree that We may contact You at any time for communications related to Account activation, recovery, or updates and You consent to such communications. During such processes, You may also receive recurring messages from Us, to which you hereby consent. In such cases, standard messaging rates may apply. Carriers shall not be responsible for any undelivered or otherwise delayed messages. In accordance with Our Terms of Use, linked here https://alldeals.com/terms-of-use, You are entitled to opt-out of receiving certain communications from Us.
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Third Parties.
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Social Sign On. Upon using or otherwise accessing Our Site or related software applications, services provided by third parties may be made available to You (“Third Party Platforms”). To make Your login process easier, Third Party Platforms are supported by Us, including, but not limited to, Google, Facebook, Instagram, Snapchat, Pinterest, TikTok and MeWe. Using any Third Party Platforms to login to Your Account on this Site shall be subject to the conditions, terms, and policies of the applicable Third Party Platform.
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Inbox Connections. Upon using or otherwise accessing Our Site or related software application Services provided by Your Google email account credentials, the related Google email account shall be linked to Your account on this Site automatically. However, We may also permit You to link Your account to a different email account from another email service provider through the settings in Your Account. Connecting Your email account to Your Site Account shall not be required for You to be a Member of this Site. However, such connected accounts will allow Us to access the content of Your email account. We are entitled to use the content of Your email account to verify Your User Commission more reliably and quickly, and to otherwise individualize Your experience on Our Site or application. We shall not modify, delete, or make any alterations to the content of Your email account. More information about how We may use Your email account content, please review Our Terms of Use, linked here: https://alldeals.com/terms-of-use.
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Feedback. Should You desire to give comments, feedback, suggestions, reviews, ideas, or other information (“Feedback”) to Us regarding any of the features, Services, Content, or otherwise on Our Site, You may contact us by email at [email protected] or directly through Our site on the page entitled Contact Us [https://alldeals.com/contact]. Upon providing such Feedback to Us, You hereby understand and agree to grant Us and Our agents and affiliates a royalty-free, nonexclusive, irrevocable, perpetual, and entirely sublicensable right to modify, publish, use, reproduce, adapt, perform, create derivative works from, translate, display, and distribute such Feedback for any legal purpose and through any medium existing now or in the future. Such grant of rights to Your Feedback includes the right to Use such Feedback for promotional materials, advertising, and to otherwise improve Our Site, Services, and Content.
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Community Standards. By engaging with this Site, you hereby understand that You shall be responsible for upholding the highest degree of community standards as prescribed in this paragraph. Members are not permitted to communicate or otherwise transmit any text, images, or other forms of media, that may contain sexually explicit material, ethnic or racial slurs, obscenities, derogatory or inflammatory comments, other material that may be considered offensive or harassing, or the solicitation of such materials, which may be targeted at Us, another User, Affiliate Stores, Our agents, employees, contractors, or any other party with whom You may engage through Our Site. This includes, but is not limited to, communications by way of other internet posts and social media. We reserve the right to terminate or suspend any Member’s access to the Site, without notice, who is found in violation of the terms of this paragraph, as decided by Us in Our sole discretion.
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Code of Conduct. User hereby acknowledges, understands, and agrees that User shall and must abide by the Code of Conduct incorporated herein, as required by all Users. In addition to the requirement that user Conduct himself or herself in a legal and ethical manner, not to infringe on others’ intellectual property, not to defame other users nor All Deals staff in a public setting such as a chat room or bulletin board, and not to Harass, in any manner nor via any method, other users or staff of All Deals, whether such Harassing conduct occurs on a one-on-one basis, or otherwise. We reserve complete discretion to immediately terminate, revoke, and eliminate all benefits and rights associated with User membership, including membership itself, upon a determination of an occurrence of harassment or similar type prohibited conduct contemplated in this Terms of Use.
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Ownership. All titles, rights, and interests in this Site, Our Content, Services and any other materials available through this Site belong to Us or Our licensors where applicable. We retain all titles, rights, and interests to the following trademarks, logos, and service marks (“Marks”): All Deals Name and Logo Mark, and all related names, logos, product service names, designs, and slogans that are trademarks of the Company or its affiliates or licensors Any of Our Marks shall not be used in association with any service or product that is not Ours, in any way that discredits or disparages Us, or in any other way that might confuse consumers or customers. You are not permitted to use or mention Our Site in any extensions, banner ads, or ad texts without prior written and express consent by Us. Any other trademarks that may be used or visible on Our Site, are the property of the respective owners, who may or may not be affiliated with Us, and are not owned by Us.
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Dispute Resolution.
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Informal Disputes. We request that You address any concerns or disputes that may arise with Us directly prior to exploring formal dispute resolution processes. You hereby agree and understand that You are to allow Us the opportunity to respond to any disputes or concerns that may arise by submitting any such comments by email to [email protected] or through Our Contact Page at https://alldeals.com/contact. We will use Our best efforts to reasonably resolve the dispute or concern by contacting You directly by way of email communication. Should the dispute fail to be resolved within thirty (30) days from Your initial submission of the complaint, either Party is entitled to initiate a formal dispute resolution process, described in the following paragraph.
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Arbitration. Both Parties to this Agreement hereby understand and agree that all claims, disputes, controversies, or otherwise that may arise out of, or in relation to, this Agreement, the Site, Content, Services, or otherwise against Us, Our employees, subsidiaries, and agents (“Disputes”), shall be resolved through the process of arbitration. Arbitration is a Dispute resolution process that is more informal and efficient than a traditional proceeding in federal or state court and uses an arbitrator that is a neutral party instead of a jury or judge. All decisions made by the arbitrator shall be binding, subject only to minimal review by courts in limited situations. The arbitrator, in its sole discretion, shall determine which Disputes are subject to the arbitration process. You hereby agree and understand that this Agreement’s interpretation and enforcement in arbitration shall be governed by the United States Federal Arbitration Act (more commonly referred to as the Federal Arbitration Act or FAA) federal arbitration laws.
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Class Action Waiver. You hereby agree and understand that both Parties to this agreement are waiving the right to a trial by jury and the opportunity to bring any claims other than in Your individual capacity. Neither Party shall be entitled to act as a class member or a plaintiff in any representative proceeding, class action lawsuit, private attorney general action, or consolidated action. The arbitrator is not entitled to join any Party’s claim with another claim on the Dispute, nor issue any decision that achieves an equivalent result. Should this paragraph be found unenforceable for any reason, it may not be severed from this agreement to arbitrate, and the entire section compelling arbitration will be deemed void and null.
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JAMS. In the case of arbitration, to the fullest extent permissible under the relevant laws of the local jurisdiction, all arbitration processes shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with its Expedited Procedures and subject to its Comprehensive Arbitration Rules and Procedures, or subject to the JAMS’ Streamlined Arbitration Rules and Procedures (“Rules”). A copy of JAMS ADR Rules can be found online at https://www.jamsadr.com/adr-rules-procedures/. The arbitrator of the relevant Dispute shall be bound by the terms of this Agreement. For any Disputes arising out of this Agreement, the exclusive venue permissible for arbitration is Pinellas County, Florida.
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Rejecting Provisions. Should We make any material changes to this provision regarding the arbitration process, regardless of those terms provided for in this Agreement to the contrary, You are entitled to reject any changes within thirty (30) days of such changes, by sending Us a notice in writing to ATTN: All Deals, 433 Central., Floor 4, Saint Petersburg, Florida 33701. Any prior arbitration provisions that You have already undertaken and to which You have previously agreed, shall remain in effect despite Your rejection of the updated arbitration provision. Similarly, this arbitration provision is entirely optional to You. You are entitled to opt out of or altogether decline this arbitration agreement by sending a signed and written notice to [ATTN: All Deals, 433 Central., Floor 4, Saint Petersburg, Florida 33701] within the first thirty (30) days of becoming a Member or from initially using or accessing any of Our Content, Services, programs, or otherwise.
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Judgements. Any awards granted from the judgment of the arbitration may be entered in any relevant court having jurisdiction. Applications to the relevant court may also be made for an order of enforcement or a judicial acceptance of any award, as may be applicable.
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Indemnification. You hereby understand and agree to indemnify Us, Our sellers, Affiliate Stores, as well as all respective employees, agents, affiliates, officers, and successors, against any damages, claims, causes of action, losses, attorney fees, and court fees that may arise out of, or otherwise be connected to, any materials provided by You or with Your Account credentials, Your breach of this Agreement, or otherwise. You hereby agree to cooperate with Us as may be necessary or otherwise required for the settlement of any claims, and in our defenses. Relating to any matter which may be subject to indemnification by You, We, in Our sole and reasonable discretion, are entitled, but not obligated, to assume entire control over the settlement and/or defense.
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Warranty Disclaimer. All Our Services, Site, Content, and otherwise are provided “as- is,” and shall not include any implied or express warranty of any kind, including, but not limited to, any warranties of fitness for a particular purpose, non-infringement, merchantability, or title. Further, We provide no warranty of the accuracy, quality, completeness, validity, or reliability of any of the Content, Services, Site, programs, or otherwise, including, but not limited to, product descriptions, search results, product reviews, product availability, opinion, statement, pricing information, advice, recommendations, reviews, or any other information that may be viewable, uploaded, displayed, or distributed in relation to the Site. We also provide no warranty as to the functionality of the Site, and do not represent or warrant that any Site defects or problems will be resolved or corrected, that the Site or its related Content will be free of harmful technologies such as viruses, or that use of the Site will be without errors or interruptions. We do not represent, warrant, or otherwise guarantee that advertising for any of the affiliated products, content, or services provided by Affiliate Stores or other sellers will be accurate or of a certain quality.
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Limitation on Liability. To the fullest extent permissible under the applicable laws of the relevant jurisdiction, in no way and in no event shall We be liable for any incidental, consequential, special, exemplary, statutory, punitive, or other indirect damages for any loss of data, profits or otherwise, or for loss of use damages, even where We have been advised of the possibility that such damages could occur. You hereby agree and understand, to the fullest extent permissible under the applicable laws of the relevant jurisdiction, that the maximum aggregate liability that may arise from the terms of this Agreement, shall not exceed one hundred U.S. dollars ($100) This limitation on liability applies to all causes of action or liabilities, regardless of how they have arisen, and shall include, but is not limited to, breach of contract, negligence, and any other claims whether in contract, equity, or tort.
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Non-Disclosure Agreement. You hereby understand and agree, that by using this Site or its related Services, We may disclose confidential or proprietary information to You in certain circumstances. Such confidential information may include, but is not limited to, oral or written contracts, promotional methods, trade secrets, business policies, business methods, reports, memoranda, records, source code, computer retained information, technical information, operational information, notes, methodologies, systems, business information, notes, financial information, or any other information regarding products or Services (“Confidential Information”). By continuing to use this Site, you hereby agree to maintain the confidence of any such Confidential Information and that you shall not disclose any such information at any point during the term of this Agreement and in perpetuity.
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Termination. When accepted by You, this Agreement shall be in effect and shall remain in effect until Your Account is terminated either by You or by Us under the terms of this Agreement. We are entitled to terminate this Agreement between You and Us at any time, and without cause, and thereby cease Your access or further use of Our Services. Further, should You violate any of the terms of this Agreement, We are entitled to terminate Your Account, revoke any rewards, User Commission or Deal Points balances owed to You. In Our sole discretion, and at any time, We are entitled to cancel, suspend, discontinue, limit, or change the scope of Your access to use or otherwise view all parts of this Site, including, but not limited to, any feature, functionality, Content, or other aspects of this Site, without any prior notice to You. You hereby understand and agree that We shall not be liable to You or any other related third party for any suspension, termination, modification, or revocation of Your access to the Site, or the Site itself. Unless otherwise provided for in this Agreement, Your sole and exclusive remedy for any dissatisfaction with this Site, its Content, or Our related Services, is to stop using this Site. All rights to access or use the Site, its Content, or Our related Services, as well as the right to receive payment of rewards, Deal Points, or User Commission balances, shall be terminated upon any termination of the Site. Neither Party shall be prejudiced by termination, in remedies in equity or at law.
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Assignment. Without Our prior written consent, You are not entitled to transfer, assign, or otherwise grant to another Your obligations and rights under the terms of this Agreement, either in part or in whole. Any assignment or transfer without Our written consent shall be void and null. We are entitled to assign or transfer all rights and obligations under this Agreement without consent from You or any other User of the Site.
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Choice of Law. The interpretation, construction, and enforcement of this Agreement, including those rights, responsibilities, and obligations of both Parties under this Agreement, shall be governed by the laws of the state of Florida, United States of America. This is without any regard to conflict of law provisions that may be contained within this Agreement. Any Disputes that may arise from the terms of this Agreement will be applied in the United States Federal or State Court in Florida.
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Headings and Interpretation. Any titles or headings within this Agreement shall not affect the interpretation of any of the terms contained herein and are only used for convenience purposes. Any ambiguities contained in the reading or interpretation of this Agreement shall not be construed against Us as the drafting Party.
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Severability. Unless otherwise stated, should any provision of this Agreement be deemed invalid, void, unlawful, or unenforceable, such invalidity shall not affect the validity of any other provisions of this Agreement, and all other provisions to this Agreement shall remain in effect to the fullest extent permitted by the applicable laws of the relevant jurisdiction.
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Waiver. Any waiver by Us, failure to enforce, or otherwise act upon any provision provided in this Agreement on a single occasion shall not be considered a waiver of any other provisions provided in this Agreement, nor shall it be a waiver of the specific provision in future events.
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