Deal4It.com

User Agreement

The following describes the terms on which deal4it Technologies, Inc.Technologies, Inc. offers you access to our services.

Introduction

By using our services you are agreeing to the following terms. Before you use our services, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. This Agreement is effective on January 8, 2008, for current users, and upon acceptance for new users.

Use of Site and Services

While using the deal4it.com site, our services including the RIV WidgetsTM, as well as any other of our sites, you will not:

use the services or sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our services or sites;
violate any laws, third party rights, or our policies;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
circumvent or manipulate our fee structure, the billing process, or fees owed to us;
fail to deliver items sold, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other user's listings;

Abuse

We are committed to keeping users of our sites and of our services safe. Please contact us to report problems, offensive content, and policy violations. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites, delay or remove hosted content, and take technical and legal steps to keep from using our services or visiting our sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services

Becoming a deal4it.com member is free. The advantage of being a member is that you can subscribe to newsletters and announcements about promotions that are only available to deal4it.com members. Other benefits for becoming a member is that you may wish to subscribe to our services. We do charge fees for using our services that include displaying an item for sale inside of a RIV WidgetTM, or placing an advertisement on one of our sites or inside of a RIV WidgetTM. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on our sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on our sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold deal4it Technologies, Inc. responsible for other users' actions or inactions, including things they post. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. Our sites and our RIV WidgetTM are provided as a way to communicate to prospective buyers that you have an item for sale. We do not collect buyer information, payment for items, and do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Colorado Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Colorado Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a Colorado resident, you waive Colorado Civil Code §1542, which says: "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."

Access and Interference

Much of the information on our sites are updated on a real-time basis and is proprietary or is licensed to Deal4it Technologies, Inc. by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Deal4it Technologies, Inc. and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served to the email address you provide us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and Deal4it Technologies, Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Deal4it Technologies, Inc. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Deal4it Technologies, Inc. must be resolved by a court located in Larimer County, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Larimer County, Colorado for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Deal4it Technologies, Inc. must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Deal4it Technologies, Inc. may recover attorneys' fees and costs up to $1000, provided that Deal4it Technologies, Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Outage Policy

We have invested with partners to provide the highest priority to maintain the best possible service to our members, customers, sellers, merchants and affiliates. However, sites can occasionally experience an outage. During which time, visitors to our sites and/or users of our widgets may not be able to successfully view photos or other data, and may not also be able to make transactions. When outages occur that are at least one hour in duration, deal4it Technologies, Inc. offers the following to compensate for any inconvenience:

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