TERMS OF SERVICE
This Terms of Service Agreement ("Agreement") constitutes a legally binding contract between you ("User" or "you") and DealTrekker, operating the dealtrekker.com website ("DealTrekker," "we," "us," or "our"). By accessing or utilizing the services provided by DealTrekker via dealtrekker.com (the "Service"), you hereby signify your unequivocal acceptance of, and agreement to be bound by, the terms and conditions set forth herein. Should you not concur with any provision of this Agreement, you are expressly prohibited from accessing or using the Service.
1. Definitions For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
- "Service" refers to the website dealtrekker.com and all associated web pages, applications, features, content, and services offered by DealTrekker.
- "User" or "you" refers to any individual or entity accessing or using the Service.
- "Content" refers to any text, images, video, audio, or other multimedia content, software, or information published on or through the Service.
2. Permissible Use and Prohibitions Access to and use of the Service is granted solely for your personal, non-commercial purposes, or for legitimate business purposes in accordance with the Service's intended functionality. You agree to utilize the Service in compliance with all applicable local, state, national, and international laws and regulations. Prohibited activities include, but are not limited to: a. Undertaking any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure. b. Attempting to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service. c. Interfering with or circumventing the security features of the Service or any related network. d. Uploading or transmitting viruses, worms, or any other malicious code. e. Engaging in any data mining, robots, or similar data gathering and extraction methods. f. Impersonating any person or entity, or misrepresenting your affiliation with any person or entity. g. Utilizing the Service for any unlawful, fraudulent, or harmful purpose.
3. Intellectual Property Rights All Content, trademarks, service marks, logos, and intellectual property rights associated with the Service, including without limitation, software, text, graphics, and user interfaces, are the exclusive property of DealTrekker or its licensors and are protected by copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you any ownership rights or licenses to such intellectual property. Any Content you submit, post, or display on or through the Service shall remain your property, provided you grant DealTrekker a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content in connection with the operation and promotion of the Service.
4. Limitation of Liability and Disclaimers THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. DealTrekker EXPRESSLY DISCLAIMS 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. DealTrekker MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DealTrekker, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, EVEN IF DealTrekker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification You agree to indemnify, defend, and hold harmless DealTrekker, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of this Agreement, or your activities in connection with the Service.
6. Termination DealTrekker reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Service, with or without notice and for any reason, including, without limitation, breach of this Agreement. Upon termination, your right to use the Service will immediately cease. You may terminate this Agreement by discontinuing your use of the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which DealTrekker is registered, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in that jurisdiction.
8. Modifications to Terms DealTrekker reserves the right, at its sole discretion, to modify or replace these Terms at any time. Should a revision be material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service subsequent to the effectiveness of any such modifications shall constitute your acceptance of the revised terms.
9. Contact Information For any questions or concerns regarding these Terms of Service, please contact us at: [email protected].