Conditions of Use
Last updated: March 1, 2018
Welcome to Deal.com. Deal.com and/or its affiliates ("Deal.com") provide website features and other products and services to you when you visit or shop at Deal.com, use Deal.com products or services, use Deal.com applications for mobile, or use software provided by Deal.com in connection with any of the foregoing (collectively, "Deal.com Services"). Deal.com provides the Deal.com Services subject to the following conditions.
By using Deal.com Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Deal.com Services, and sometimes additional terms may apply. When you use a Deal.com Service you also will be subject to the guidelines, terms and agreements applicable to that Deal.com Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Deal.com Services, to understand our practices.
When you use Deal.com Services, or send e-mails, text messages, messages via social media and/or other applications, and other communications to or from your desktop or mobile device to or from us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Deal.com Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Deal.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Deal.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Deal.com Service is the exclusive property of Deal.com and protected by U.S. and international copyright laws.
Deal.com trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Deal.com Service are trademarks or trade dress of Deal.com in the U.S. and other countries. Deal.com's trademarks and trade dress may not be used in connection with any product or service that is not Deal.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Deal.com. All other trademarks not owned by Deal.com that appear in any Deal.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Deal.com.
Deal.com may own one or more patents which apply to the Deal.com Services and to the features and services accessible via the Deal.com Services. Portions of the Deal.com Services may operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Deal.com or its content providers grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Deal.com Services. This license does not include any resale or commercial use of any Deal.com Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Deal.com Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Deal.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No Deal.com Service, nor any part of any Deal.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Deal.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Deal.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Deal.com's name or trademarks without the express written consent of Deal.com. You may not misuse the Deal.com Services. You may use the Deal.com Services only as permitted by law. The licenses granted by Deal.com terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Deal.com account to use certain Deal.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Deal.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. You affirm that you are at least 18 years of age, or at least 13 years of age and have permission from your parent or guardian to accept these Conditions of Use, the Deal.com Services and Service Terms. Parents and guardians may create profiles for teenagers in their Deal.com Household. Alcohol listings on Deal.com are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Deal.com reserves the right to refuse service, terminate accounts, terminate your rights to use Deal.com Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false name, e-mail address or phone number, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Deal.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If Deal.com receives notification or otherwise determines that any of such information was falsely provided, Deal.com reserves the right to refuse service, terminate accounts, terminate the information provider’s rights to use Deal.com Services, remove or edit content, or cancel orders in its sole discretion. Deal.com takes no responsibility and assumes no liability for any losses resulting from such falsely provided information.
If you do post content or submit material, and unless we indicate otherwise, you grant Deal.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Deal.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Deal.com for all claims resulting from content you supply. Deal.com has the right but not the obligation to monitor and edit or remove any activity or content. Deal.com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Deal.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Deal.com does not take title to returned items until the item arrives at our or our partner’s fulfillment center. At our discretion, a refund may be issued without requiring a return; in this situation, Deal.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policies below.
Deal.com Returns Policy
Items shipped from Deal.com can be returned within 30 days of receipt of shipment so long as they are new and unused and returned in the condition you received it and with the original packaging, including manufacturer tags as applicable. However, some products may be subject to different sellers’ return policies or requirements Deal.com (and therefore you as well) would have to comply with, as further described below. Deal.com at its sole discretion may reject the return of items that it deems to not be in compliance with the foregoing, and/or issue you a credit in lieu of a refund.
When you order from a seller that fulfills and ships its own inventory (also called a third party seller), your return is sent back to the seller instead of Deal.com. While most sellers offer a returns policy equivalent to Deal.com’s, some seller returns policies may vary. You can view the return policy of the seller before you purchase an item by viewing the Returns and Refunds Policy section of the seller profile page.
Sellers can create rules to automate replacements, returns, and refunds for purchases through Deal.com under certain circumstances. Sellers may remove or customize their return preferences in their account settings. Where settings have been set to automatically accept requests for returns or replacements, a Deal.com-generated return shipping label will be provided to you. Sellers authorize Deal.com to place the cost of the return shipping label on their invoices, subject to its automatic payment method on file.
If you are sending the item within the United States and the order is valued at $100 or more, we recommend that you insure the shipment for the value of the merchandise and ship your return with a signature shipping service. Items valued over $35 must be returned to the seller with a trackable shipping service. For items below $35, we suggest USPS delivery confirmation service. If a package doesn't arrive and you don't use a trackable method to return or if you refuse the shipment as a method of return, we may not be able to cover any loss you incur.
Deal.com attempts to be as accurate as possible. However, Deal.com does not warrant that product descriptions or other content of any Deal.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Deal.com itself is not as described, your sole remedy is to return it in unused condition.
"Suggested Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Deal.com doesn't offer price matching. However, we consistently work toward maintaining competitive prices on everything we carry, and we regularly check Suggested Prices against prices recently found on Deal.com and listed by other retailers. Certain products may have a "Verified Price" displayed, which is determined using recent price history of the product on Deal.com, as last verified by Deal.com.
With respect to items sold by Deal.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Deal.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We may charge your credit card before your order has entered the shipping process or, for digital products, before we make the digital product available to you. See our Returns and Refunds Policy above for information on returns and refunds after we have charged your credit card.
We may use technology to check and update prices, and will endeavor to quality check the accuracy of such technology, but we cannot guarantee that our technology will accurately reflect the Suggested Prices or Verified Prices 100% of the time, and Deal.com reserves the right to cancel orders and refund customers' money because of pricing errors or for any reason that is may deem appropriate.
About Checkout Prices: Items in your checkout flow will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it for checkout. Placing an item to be checked out doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it for checkout and the time you purchase it. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. This applies only to products sold and shipped by Deal.com. Sellers may follow different policies in the event of a mispriced item.
About Surcharges: Oversized and extremely heavy items may incur a special shipping surcharge. The surcharge may vary depending on the size and weight of the item. This charge will be displayed in the Shipping & Handling subtotal of the order form. Some items may incur a sourcing fee to cover the expense of selling these items; we regret that we must occasionally pass these costs along to our customers. The sourcing fee, if applicable, will be listed along with the item's price on the product detail page.
About Promotional Pricing: Sometimes when we lower prices as part of a promotion, other retailers will decrease their own prices in response. As a result, we may decrease our price during the promotion, and after the promotion our price may be the same or even lower than the original promotional price in order to offer you consistently low prices.
When you use apps created by Deal.com, such as the Deal.com App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
COMPLIANCE WITH APPLICABLE LAW
You may not use any Deal.com Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Deal.com Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Deal.com Software), technology, and services.
Deal.com may process personal data as part of Deal.com Services, to which certain data protection or privacy laws may apply, including the European Union’s General Data Protection Regulation (“GDPR”). Under the GDPR you may qualify as the “controller” and Deal.com may qualify as the “processor” for personal data that Deal.com stores, transmits or manages for you. You must inform Deal.com if you (a) intend to use or access any Deal.com Service relating to activities establishing you as a “controller” or “processor” in the European Union pursuant to Article 3 of the GDPR or (b) believe that the GDPR or other data protection or privacy laws apply for other reasons, following which Deal.com will determine in its sole discretion whether it will permit you to continue using the Deal.com Services and whether you must enter into a separate data processing agreement with Deal.com.
Parties other than Deal.com operate stores, provide services or software, or sell product lines through the Deal.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Deal.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DEAL.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DEAL.COM SERVICES ARE PROVIDED BY DEAL.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DEAL.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DEAL.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DEAL.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. ANY PRODUCT-RELATED WARRANTIES ARE LIMITED SOLELY TO THOSE WARRANTIES, IF ANY, PROVIDED OR EXTENDED BY THE RESPECTIVE MANUFACTURER. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DEAL.COM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, DEAL.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEAL.COM DOES NOT WARRANT THAT THE DEAL.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DEAL.COM SERVICES, DEAL.COM'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DEAL.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DEAL.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DEAL.COM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DEAL.COM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT WILL DEAL.COM’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PRODUCT PURCHASED ON DEAL.COM OR ANY DEAL.COM SERVICE EXCEED THE AGGREGATE PURCHASE PRICE OF THE APPLICABLE PRODUCTS YOU PURCHASED OR SOLD ON DEAL.COM.
Any dispute or claim relating in any way to your use of any Deal.com Service, or to any products or services sold or distributed by Deal.com or through Deal.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Paracorp Incorporated. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Deal.com will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Deal.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Deal.com.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1 Bluxome St, #312
San Francisco, CA 94107
ADDITIONAL DEAL.COM SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Deal.com Services (the "Deal.com Software").
Use of the Deal.com Software. You may use Deal.com Software solely for purposes of enabling you to use the Deal.com Services as provided by Deal.com, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Deal.com Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Deal.com Software in whole or in part. All software used in any Deal.com Service is the property of Deal.com or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Deal.com Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Deal.com Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Deal.com Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Deal.com Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Deal.com or third-party terms applicable to any portion of Deal.com Software, such as open-source license terms, such other terms will control as to that portion of the Deal.com Software and to the extent of the conflict.
How to Serve a Subpoena
If you have a subpoena to serve on Deal.com, please note that Deal.com does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Deal.com, preferably by mailing the subpoena to Paracorp Incorporated, Deal.com's national registered agent. Please find below the California address for Paracorp Incorporated (the Paracorp Incorporated office in your jurisdiction may be located through the Secretary of State&pos website):
Deal.com, Inc. c/o Paracorp Incorporated
2804 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Deal.com devices; and IP address and complete time stamps.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to the address below. We respond quickly to the concerns of rights owners about any alleged infringement.
If you submit a report in writing, please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Deal.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Deal.com Legal Department
1 Bluxome St, #312
San Francisco, CA 94107
Please note that this procedure is exclusively for notifying Deal.com that your copyrighted material has been infringed.
If you have a dispute with one or more third parties via your use of Deal.com, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Deal.com's Services or your breach of any law or the rights of a third party.
State & Local Sales Taxes
Taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is billed.
The terms contained herein are subject to change as the taxation of online transactions is continually evolving. Deal.com strives to comply with state and local tax laws as they exist currently, and continues to monitor and update its taxation policies as those laws change.
States & U.S. Territory Where Deal.com Collects Sales Taxes, to the extent Deal.com is the party who is charging you for such purchase (Deal.com is not responsible when you pay a third party directly through their website, regardless of whether you originally clicked through to such website from Deal.com)
Orders shipped to AZ, AK, AL, CA, CO, CT, DC, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, MA, MD, ME, MI, MN, MO, NC, NE, NY, NJ, NV, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA or WA will have all applicable local and state sales taxes added to your total order.
States Where Deal.com Does Not Collect Sales
Deal.com does not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases.
You may have a tax obligation in states where Deal.com does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
Vermont Sales Tax
Vermont requires the tax not collected by Deal.com on taxable purchases shipped to Vermont be reported by the purchaser and paid on either the Vermont individual income tax form [IN-111, Line 27], or the Vermont use tax form [SU-452]. The use tax forms and instructions are available on the Vermont Department of Taxes website.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Deal.com may be contacted in writing at 1 Bluxome St, #312, San Francisco, CA 94107 or by telephone at (415) 855-1825.