THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR UNLESS YOU OPT-OUT.
Information Health Disclaimer
Any and all information included on this Site is intended as general information, but should not be construed as medical advice, healthcare advice, legal advice, nor should it be used to diagnose, treat or address any medical or health problem. The information furnished on the Site should never replace, substitute or supplement the advice and services of a qualified healthcare professional, physician, or other medical practitioner. Before using any of the products of deal4real (“Products”), you should consult with your physician or qualified medical practitioner. Results from consuming deal4real Products may vary from person to person and are not guaranteed.
Purchasing Items on the Website
We reserve the right, but undertake no obligation, to monitor for, report, and prosecute actual and suspected fraud on the Site. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order or request additional information, to process your order. We reserve the right to cancel, delay, refuse to ship, or recall from the transit carrier any order if fraud is suspected. We also reserve the right, but undertake no obligation, to submit all records to law enforcement agencies and to third parties, including payment card companies and banks, for investigation into suspected fraud. We reserve the right to cooperate with authorities and third parties to prosecute offenders to the fullest extent of the law.
The Products may be available to be purchased as subscription plans of various durations. If you purchase a subscription of any Product, you will be enrolled in our subscription program, and your subscription will be automatically renewed at the end of each subscription period, unless you change your subscription or inform us that you do not wish to renew the subscription. At the time of automatic renewal, you will automatically be charged the applicable price, to the payment card you provided or the last payment card provided by you, until you cancel. Refer to Payments and Billing section below for more information about automatic payments.
TESTIMONIAL CONSENT AND RELEASE
Thank you for your willingness to submit a testimonial detailing the experience you’ve had using deal4real Products! This testimonial will be used only for promotional purposes on one or more of pages of the deal4real.net website, its social media accounts, or in various print, electronic or other advertising or informational material.
In plain English, the language below simply states that:
1. You’re giving deal4real full rights to use the testimonial, your name or social media name, and logo for promotional purposes.
2. You are the owner or authorized representative of the business that has the power to grant this consent and release. Also, if for any reason using this testimonial and logo by deal4real causes another third party to file suit against us, we are not responsible.
3. This testimonial is the most current testimonial and supersedes any previous testimonials.
1. Consent, Release and Waiver. I, in my individual capacity to the extent my name or likeness is used, irrevocably grant to deal4real , its subsidiaries, affiliates, successors and those acting with its authority, with respect to all elements of my testimonial including all text, names, likenesses, artwork, images, my social media usernames, logo, trademark or trade name (collectively, my “Testimonial”): all copyrights and derivative rights in my Testimonial and a non-exclusive, perpetual right to use, publish, re-publish or reproduce my Testimonial by any means deal4real sees fit for the limited promotional purpose stated above. I irrevocably waive any claim against deal4real relating to the use of my Testimonial and promise not to bring any such claim or action in the future. I also waive any right to inspect, modify, approve or disapprove the layout, presentation or other aspect of my Testimonial after I submit it to deal4real and understand that the Testimonial will be the property of deal4real.
2. Representations. In giving my Testimonial I represent and that (i) I have the power and authority to grant this consent and release, and (ii) my Testimonial or any related materials will not violate the rights of any third party or give rise to any claim that another party’s rights have been or will be violated as a result of deal4real ’ use or publication of my Testimonial. I understand and agree that I will be liable to deal4real for any damage or cost (including reasonable attorney fees) it may suffer arising out of its use of my Testimonial. I also understand that deal4real is not obligated to publish my Testimonial and that if it does, I will not be receiving royalties from deal4real .
3. Miscellaneous. This Consent and Release is the entire agreement between me and deal4real regarding my Testimonial and it supersedes any previous written or oral communications, and it may not be changed in the future without both deal4real and me agreeing to the change in writing. If any part of this Consent and Release is found to be invalid, that invalidity shall not affect the remainder of this Release and Consent.
Payments and Billing
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Services and purchased Products. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use, subscribe to or purchase our Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Products and subscription to such Products in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Some of the paid Services, such as the purchase of a subscription plan or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. PERIODIC CHARGES MAY BE SUBMITTED (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES. Subscription cannot exceed 12-months period and customers can cancel anytime during this 12-months subscription period.
Current Information Required
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid Services under your billing account unless you have terminated your paid Services as set forth above.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization
Your non-termination or continued use of subscription services reaffirms that your Payment Method is authorized to charged for that paid Service. Those charges for payment may be submitted and you will be responsible for such charges. This does not waive the right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid Service.
Your License to Access and Use the Services and Ownership
The content, information, software, designs, materials, functions and data included in and contained on the Services (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Services.
In the event that we offer downloads of software on a Service and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial use only. Your use of the Software may be governed by additional terms, which may be included with the Software. Please carefully read any additional terms to determine the full extent of conditions governing the use of such Software. We do not transfer title to the Software to you. You may not copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Note that if you install certain applications that may be available via the Services, you consent to the download of Software to your Internet Device and accept these Terms and any additional terms related to such application.
Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services, the Site or any Content unless you obtain our prior written approval. You also may not use the Services in a way that could harm us or any third party. For example, you may not use the Services in a way that could:
Damage or interfere with the proper working of the Services;
Intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
Give you access to the Services or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and we do not instruct you not to access the Services using that program;
Frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
Convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
Otherwise adversely impact the operation of the Services, the Company, or any third party;
Violate applicable local, state, federal, and international laws or regulations;
Transmit, or facilitate the sending of, any advertising or promotional material without our prior Company written consent, including any “junk mail,” or any other similar solicitation; or
Engage in any other conduct that limits or interferes with anyone’s use or enjoyment of the Services.
In addition to our other legal rights, we may limit or terminate your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
Text messages are intended to provide the consumer with information about the order, as well as additional goods and services that may be offered. Message and data rates may apply.
By using the Site and posting, uploading, publishing, distributing, or transmitting any content or information, such as pictures, reviews, messages, content, comments, feedback, suggestions, ideas, or submissions, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, sublicense, and sell such content in any form, in all media now known or hereinafter created, anywhere in the world. You agree to irrevocably, perpetually, and unconditionally waive any claims based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You shall, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we shall own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any comments. We are and will be under no obligation: (i) to maintain any comments in confidence; (ii) to compensate you or any third party for any comments; or (iii) to respond to any comments. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such content does not infringe on the rights of any other third parties or would cause any harm to any other third parties. In addition, you grant deal4real the sole and exclusive right to remove, alter, or change the content and to bring any legal actions regarding such content on your behalf. You also authorize deal4real to use your content for marketing purposes on its Site, and its social media accounts. You shall remain solely responsible for the content of any comments you make.
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association with us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Disclaimer of Warranties
THE SITE IS HEREBY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, deal4real DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. COMPANY MAKES NO CLAIMS, GUARANTEES, OR REPRESENTATIONS THAT THE SITE WILL MEET ALL USER REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, TIMELY, OR FREE OF DEFECT. COMPANY MAKES NO CLAIMS, WARRANTIES, OR GUARANTEES AS TO THE RELIABILITY, ACCURACY, OR QUALITY OF THE INFORMATION CONTAINED ON THE SITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY AND ALL MATERIALS, INFORMATION, IMAGES, AUDIO, FILES, DATA, OR ANY OTHER ELECTRONIC COMMUNICATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SITE, INCLUDING LOSS OF DATA, FAILURE OF COMPUTER SYSTEM, INTRODUCTION OF A VIRUS TO NETWORK OR HARD DRIVE, OR ANY OTHER ISSUES. NO ADVICE, INFORMATION, GUARANTEE, STATEMENT OF WARRANTY, OR COUNSEL, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY THROUGH THE SITE SHALL CREATE ANY WARRANTY WHATSOEVER.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES WILL deal4real BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE USE OF, OR THE INABILITY TO USE, PRODUCTS PURCHASED ON THE SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PRODUCTS, OR WEBSITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS TRANSMITTED ON THE SITE; (5) WITHOUT LIMITATION ANY DAMAGES, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF deal4real OR ITS REPRESENTATIVES ARE INFORMED OR ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
DEAL4REAL DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS, VIRUSES, OR ANY OTHER HARMFUL DATA. COMPANY DOES NOT WARRANT NOR GUARANTEE THAT ACCESS TO SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY POSSIBLE DEFECTS WILL BE CORRECTED. ALTHOUGH COMPANY STRIVES FOR COMPLETE PROTECTION OF CONFIDENTIAL INFORMATION, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION THAT CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED ON SITE WILL BE MAINTAINED.
DEAL4REAL ’ LIABILITY FOR PAYMENT TO YOU, FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU AND RECEIVED BY deal4real , IF ANY, WITHIN THE 60 DAYS PRECEDING THE DATE IN WHICH YOUR CLAIM AND/OR CAUSE OF ACTION FIRST BECOMES KNOWN TO deal4real . deal4real WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THE TERMS, IF SUCH FAILURE OR DAMAGE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET OUTAGES, POWER OUTAGES, COMMUNICATION OUTAGES, STRIKES, WAR, AND ACTS OF GOD. THE TERMS OF THIS SECTION SURVIVE ANY TERMINATION OF THE TERMS.
IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration clause & class action waiver
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Jurisdiction
Entire agreement and severability
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. deal4real reserves the right to change or limit coupon codes in its sole discretion.