TERMS OF SERVICE

TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

WHEREISTHEBESTDEAL.COM, INC. (hereinafter “Whereisthebestdeal.com” or “Whereisthebestdeal” or “We” or “Us” or “Our”) provides its service to You subject to the following Terms of Service (“TOS”) which may be updated by Us from time to time without notice to You.

2. DESCRIPTION OF SERVICE

Whereisthebestdeal.com provides Users with access to a collection of resources that give You information about the best deals and prices on local shopping in various cities throughout the United States, including various communications tools, forums, search services, and personalized content which may be accessed through the Internet (the “Service”). We are not an online merchant. We are a shopping portal used to provide you information regarding products and services available to You. You understand and agree that the Service is provided “AS-IS” and for informational purposes only and that We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any User communications or personalized settings. You are responsible for obtaining access to the Service and that access may require third-party fees such as an Internet service provider. In addition, You must provide and be responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to (a) provide accurate, current and complete information about Yourself as requested by the Service’s registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it accurate, current and complete. If You provide information that is not accurate, current or complete, We have the right to suspend or terminate Your account and refuse any and all current or future Use of the Service. All decisions concerning limited access to the site or termination of You account is at our sole discretion.

4. MEMBER ACCOUNT, PASSWORD & SECURITY

By registering with Us, You will be allowed to save and personalize Content, receive and view offers from businesses listed on the Whereisthebestdeal.com system and post ratings and reviews about businesses featured on Whereisthebestdeal.com. You will receive an account designation and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities that occur under Your account. You agree to immediately notify Us of any unauthorized Use of You password or account or any other breach of security. We recommend that You exit from Your account at the end of each session if Using a computer that is shared. We are not liable to You or any third party for any loss or damage arising from Your failure to comply with this Section.

5. MEMBER CONDUCT

You understand that all information, data, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from who such Content originated. You are entirely responsible for all Content that You upload, post, e-mail, link, transmit or otherwise make available via the Service.

It is a condition of Your use of the Services that You do not: (i) restrict or inhibit any other user from using and enjoying the Services; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iii) post or transmit comments containing harassing or offensive language, including sexual references, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork or use viruses, bots, worms or trojan horses; (iv) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vi) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (vii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (viii) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (ix) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or (x) use the Services to collect personally identifying information about users of the Services in violation of our Privacy Policy; or (xi) post or transmit comments of a purely political or religious nature or designed to further ones political or religious view over another.

You agree that You will not use the Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. We, at Our sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.

We do not screen or edit messages posted on Our forum. However, We reserve the right to monitor said content and to remove, at Our sole discretion, any objectionable material at any time. By viewing or participating in forums or any other services provided, You acknowledge that You may encounter material that You find offensive or objectionable. We disclaim any responsibility or liability for such material.

6. INDEMNIFICATION

You agree to indemnify and hold harmless Whereisthebestdeal.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of: Content You submit, post, transmit or otherwise make available through the Service that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; Your Use of the Service, Your connection to the Service, Your violation of the TOS, or Your violation of any rights of another.

7. MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuation of the Service.

8. DEALINGS WITH ADVERTISERS

You understand and agree that the Service is provided for informational purposes only, and is not an endorsement of any business, vendor, or product. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that We shall not be responsible or liable for any loss of damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

9. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your Use of the service is at Your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim all warranties of any kind whether express or implied including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that (i) the Service will meet Your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the Use of the Service will be accurate or reliable; (iv) the quality of any product, services, information or other material purchased or obtained by You through the Service will meet Your expectations; and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the Use of the service is accessed at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by You from Us or through or from the Service shall create any warranty not expressly stated in the TOS.

10. LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than Whereisthebestdeal.com. Such hyperlinks are provided for your reference only. We do not control such Web sites and are not responsible for their contents. Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

11. LIMITATION OF LIABILITY
We make no guarantee of availability of Services and reserve the right to change, withdraw, suspend, or discontinue any functionality or feature of the Services. IN NO EVENT WILL WHEREISTHEBESTDEAL.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, OUR REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON OUR SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

12. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Us, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

13. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between You and Us and governs Your use of the Service and Content, superseding any prior agreements between You and Us with respect to the Service and Content. You also may be subject to additional terms and conditions that may apply when you use certain other Services, affiliate services, third-party content or third-party software.

Disputes Resolution. All disputes arising out of, relating to or connected with these TOS or Your use of any part of the Service will be exclusively resolved under confidential binding arbitration held in Hillsborough County, Florida before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Florida law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding anything to the contrary in this Section, We may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

Waiver and Severability of Terms. The failure of Whereisthebestdeal.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.