THIS TERMS OF USE (“TOU”) FORM A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You” or with “Your”) AND DEAL ANSWER, INC AND ITS AFFILIATES AND SUBSIDIARIES (together, “We” “Deal Answer” or “Company”)THAT APPLIES EACH TIME YOU USE OR ACCESS DEAL ANSWER’S WEBSITES, ONLINE PLATFORM SERVICE, SERVICES, MOBILE APPLICATION, AND ASSOCIATED WEBPAGES, PORTALS, APPLICATIONS, FEATURES, AND CONTENT (collectively, the “Content”). YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE CONTENT AND ITS FUNCTIONALITY.  IN PARTICULAR, THIS TOU CONTAINS AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL, AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT.  IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE CONTENT AND ARE INSTRUCTED TO EXIT AND/OR UNINSTALL THE CONTENT IMMEDIATELY.

License Grant and Restrictions

This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Content during the Term specified herein solely for Your personal, internal business use, conditioned on Your continued compliance with all provisions of this TOU (including without limitation any external terms and documentation linked or referenced herein).

When using the Content in accordance with the foregoing license, You shall not directly or indirectly:

1. use the Content to create any service, software or documentation that performs substantially the same functionality as the Content or otherwise competes with or causes harm to Deal Answer’s products, services, or other business operations;
2. disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Content or any of its webpages, content, or features;
3. encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Content in any service bureau arrangement or otherwise for the benefit of any third party;
4. adapt, combine, create derivative works of, or otherwise modify the Content;
5. disable, circumvent, or otherwise avoid or undermine any security or authentication device, mechanism, protocol, or procedure implemented in the Content;
6. misrepresent Your affiliation with or impersonate any person or entity;
7. harass or abuse Deal Answer personnel or representatives or agents providing services on behalf of Deal Answer;
8. use or access the Content for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose;
9. remove, obscure, deface, or alter any proprietary rights notices on any element of the Content or accompanying documentation;
10. use the Content in any manner which could damage, disable, overburden, or impair the Content or interfere with any third party’s authorized use of the Content;
11. engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Content; or
12. probe, scan, or test the vulnerability of the Content or any systems or network infrastructure connected with the Content, including without limitation by stress testing or penetration testing.

User Obligations

You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Content. In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to Your use of the Content. If You access the Content on behalf of any organization, Your organization shall be bound to this TOU and be liable for any breach by You, and You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization.

The Content is not intended for use or access by any individual under the age of thirteen (13) years, and Deal Answer does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.

Your Account

You may be required to register an account to use the Content or certain features of the Content. Each registration is for a single natural person user only, unless otherwise expressly agreed by Deal Answer. Registration for access to and use of the Content may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Deal Answer in its sole discretion from time to time. You hereby agree to treat Your access credentials or any other piece of information provided to you as part of our security procedures as confidential and not to disclose such information to any third party without the prior express written consent of Deal Answer, which may be granted or withheld in its sole discretion. You shall immediately notify Deal Answer if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. Deal Answer will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Content, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. Deal Answer reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Deal Answer has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Content is in violation of applicable law or this TOU.

Electronic Communications

Deal Answer may send emails or other electronic messages to You concerning Your use of the Content, including without limitation by providing alerts or notifications within the Content. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

Electronic Signature Consent

By creating an account on Deal Answer, you are signing Electronic Signature Agreement (hereafter referred to as “Agreement”) which is a part of this TOU electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By creating an account, you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide the Company, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the Company. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining an account with the Company constitutes your agreement to be bound by the terms and conditions of the Company’s Terms of Use and Privacy Policy as they exist on the date of your E-Signature.

Consent to Electronic Delivery

You specifically agree to receive and/or obtain “Electronic Communications” from the Company. The term “Electronic Communications” includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship to the Company. You acknowledge that, for your records, you are able to retain the Company’s Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. You accept Electronic Communications provided via your account with the Company as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.

Revocation of electronic delivery

You have the right to withdraw your consent to receive/obtain communications via your account with the Company at any time. You acknowledge that the Company reserves the right to restrict or terminate your access to your account with the Company if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact us at support@dealanswer.com.

Valid and current email address, notification and updates

Your current valid email address is required in order for you to obtain Electronic Communications from the Company. You agree to keep the Company informed of any changes in your email address. You may modify your email address by logging into your account on the Company’s website. The Company may notify you through email when an Electronic Communication or updated agreement pertaining to your account is available.

Hardware, software and operating system

You are responsible for installation, maintenance, and operation of your computer, browser and software. The Company is not responsible for errors or failures from any malfunction of your computer, browser or software. The Company is also not responsible for computer viruses or related problems associated with use of an online system.

We require, at minimum, a functioning modern web browser that was released in the past two years (such as a recent version of Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari) running on an up-to-date operating system (such as Windows 10, OS X Mojave, etc). Unsupported browsers may not receive full functionality of the product.

For example, we support Apple's Safari browser on macOS Mojave or High Sierra (both updated within the past two years), but not Internet Explorer on Windows 8, as Internet Explorer is no longer supported or being updated by Microsoft.

Controlling Agreement

This Agreement supplements and modifies other agreements that you may have with the Company. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement.

Submissions

Certain features of the Content may permit You to upload, post, display, transmit, or otherwise provide certain requested information, content, links, files, or other materials to the Content as part of messaging, review, comment, discussion board, or similar functionality on the Content, and/or as part of a survey, questionnaire, promotion, or request for feedback or input regarding the Content (each a “Submission” and collectively “Submissions”). You hereby grant to Deal Answer a royalty-free, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, and create derivative works of Submissions in connection with: (i) Deal Answer’s operation of the Content and its features and functionalities; (ii) Deal Answer’s development, promotion, and implementation of its products, services, programs, and events; and (iii) Deal Answer’s research, development, and other business operations.

In addition, You agree that You will not upload, post, display, or transmit any Submission(s) that:

1. is illegal, defamatory, deceptive, fraudulent, discriminatory, tortious, obscene, pornographic, or otherwise objectionable;
2. infringes, misappropriates, or otherwise violates the personal or proprietary rights of others;
3. contains any virus, malware, worm, Trojan horse, disabling device, or any other harmful or malicious script, code, or tool;
4. impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity;
5. contains unsolicited communications, promotions, or advertisements, or spam;
6. harms, harasses, threatens, or violates the rights of any third party, or promotes, provokes, or incites violence;
7. constitutes false advertising, false endorsement, or is otherwise false, misleading, or likely to cause consumer confusion; or
8. manipulates data or identifiers in order to misrepresent or disguise the origin of the Submission.

Deal Answer may screen, review, edit, moderate, or monitor Your Submissions from time to time at its discretion, but has no obligation to do so. In any event, Deal Answer is not responsible to You under this TOU for Your or any other user’s Submissions, and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions. You acknowledge and agree that Deal Answer shall have no obligation of confidentiality whatsoever with respect to Your Submissions.

By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Content, You represent and warrant that: (i) You possess all legal rights required to upload, post, display, and/or transmit each Submission and permit Deal Answer to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.

Purchases and Payments

The Content may contain the option for You to purchase certain of Deal Answer’s products and services. The applicable fees (and any applicable discounts, if available), license or subscription period, renewal opportunities, and permitted payment methods (e.g., credit or debit) will be specified in the Content at the time of order. All purchases are final and there will be no refunds, credits, or cancellations except as otherwise expressly disclosed at the time of purchase, indicated by Deal Answer in writing, or as may be required under applicable law. All transactions are void where prohibited by law. Deal Answer may request further information from You in order to confirm the order and method of payment. Deal Answer reserves the right to terminate or suspend access to the Content or any related license, subscription, product, or service if You fail to pay any amounts when due. You shall reimburse Deal Answer for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all payment obligations with respect to amounts due to Deal Answer in connection with the Content shall survive the expiration or termination of the TOU for any reason.

Upon placing an order, You agree to pay using the payment methods indicated and grant authorization to Deal Answer and/or the applicable third party payment-processor to charge Your selected payment methods. Deal Answer and/or the applicable third-party payment processor shall charge, and You shall be responsible for, all taxes, tariffs, levies, or duties applicable to Your payment, excluding taxes applied against Deal Answer’s net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through the Content are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card information or other payment method information that You provide to us; and (b) maintaining the confidentiality and security of Your account information, including without limitation with respect to payment methods. You should not disclose Your payment information to anyone. If Your account information is lost or stolen, anyone who obtains possession of either could utilize the payment methods associated with Your account. You are responsible for all transactions on Your account, including unauthorized transactions.

Use of Services

Deal Answer may offer licenses to certain of its products or services ( “Services” ), whether made available to You through the Content or through a separate purchasing process. Subject to your compliance with this TOU, We grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access use of the Services. This license does not include any resale of any Service or its contents. All rights not expressly granted to you in this TOU are reserved and retained by us. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You acknowledge and agree that the Service is provided under software as a service license, and not sold to you. You do not acquire any ownership interest in the Service under this TOU, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions and restrictions, under this TOU. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Service, including all copyrights, trademarks and other intellectual property rights there in or relating thereto, except as expressly granted to you in this TOU.

The Services are subject to the terms and conditions of the Deal Answer Service Agreement.  In the event of any conflict or inconsistency between the terms of the Service Agreement and this TOU with respect to Your use of and access to the Services, the terms of the Service Agreement shall control to the extent required to resolve the inconsistency.

Links to Third-Party Services

Certain services, features, or components made available via the Content are delivered by third-party providers. By using any feature, service, or functionality originating from the Content, You hereby acknowledge and consent that Deal Answer may share information and data that You submit or upload to the Content with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality, subject to Deal Answer’s Privacy Policy.

References or links in the Content to any commercial products or services, or Deal Answer’s use or display of any business, firm, corporation, or trade name on the Content, do not constitute endorsement by Deal Answer of any such product, service, or entity. Deal Answer makes no representation or guarantee whatsoever with respect to any third-party products or services.

DEAL ANSWER EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE CONTENT, AND YOU AGREE THAT DEAL ANSWER SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, REGARDLESS OF WHETHER SUCH DEALINGS WERE FACILITATED OR PERFORMED IN CONNECTION WITH THE CONTENT.

Third-Party Terms and Conditions

Additional notices, terms, and conditions may apply to services, receipt of or access to certain materials, participation in a particular program, and/or to specific portions or features of the Content, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Content, and the terms of app stores, digital distribution services, or third-party payment processors. Your use of any such third-party feature, tool, application, or API is conditioned on Your acceptance of all third-party terms applicable thereto, and You agree to abide by all such terms in connection with Your use of the Content. You hereby agree that: (i) this TOU operates in addition to any Terms of Use (or any similar document) imposed or required by any such third-party provider; and (ii) the terms of this TOU supplement and do not alter or amend any such third-party Terms of Use (or any similar document).

Deal Answer uses the Google Places API for address validation, and by using the Content, you are also bound by Google’s Terms of Service.

Data Privacy

You understand, acknowledge, and agree that the operation of certain features of the Content may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to Deal Answer’s Privacy Policy (as updated from time to time), for a summary of Deal Answer’s policies and use practices regarding personally identifiable information.

Mobile Usage

The Content offers various tools or display functionality that are available to You via Your mobile phone or other mobile computing device. Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Content. In addition, downloading, installing, or using the Content on Your mobile device may be prohibited or restricted by Your mobile carrier, and not all functionality on the Content will work with all carriers or devices or in all locations. Therefore, You are solely responsible for: (i) checking with Your mobile carrier to determine if the Content is available for Your mobile device(s); (ii) the restrictions, if any, that may be applicable to Your use of the Content; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.

Additional Terms and Conditions for Apple Users

NOTE – The terms and conditions of this paragraph apply to You only if You downloaded Deal Answer’s mobile app through Apple Inc.’s App Store. You acknowledge that this TOU is between You and Deal Answer, and that Apple Inc. (“Apple”) bears no responsibility for the Content and its content. The license grant under this TOU with respect to Deal Answer’s mobile app is a non-transferable license to use the Content on any Apple-branded products that You own or control as permitted by this TOU and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with You via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Content. In the event of any failure of Deal Answer’s mobile app to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) of the app to You; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Apple is not responsible for addressing any claims by You or a third party relating to the Content or Your use of the Content, including without limitation: (i) product liability claims; (ii) any claim that the Content fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that Deal Answer’s mobile app or Your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this TOU, and upon Your acceptance of this TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOU against You as a third-party beneficiary thereof.

Proprietary Rights, Trademark and Confidentiality

All content included as part of the Content, such as text, graphics, logos, and images, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Content, are the property of Deal Answer or its applicable third-party licensors, and are protected by copyright and other domestic and international laws governing intellectual property and proprietary rights. Deal Answer reserves all rights in the Content not expressly granted herein.

You agree that You do not acquire any ownership rights in any part of the Content under this TOU or through Your use of the Content. Deal Answer does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.

The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

You agree:

(i) not to disclose any Confidential Information (as defined below), other than on a “need to know” basis; and

(ii) not to use any Confidential Information for any other purposes not provided under this TOU.

“Confidential information” shall mean any information (whether or not marked “confidential” or “proprietary”), provided in connection with or related to the Services, in any form and on any medium, including but not limited to methods, techniques, projects, sketches, photographs, plans, drawings, specifications, test results, research, reports, samples, price information, as well as any other information, which is not publicly available, belonging to the Deal Answer. Such confidential information, whether discussed orally or in writing, or in any form whatsoever, shall be treated as confidential and may concern any commercial, legal, financial, technical and other relevant information in respect of the Deal Answer (whether prepared by Deal Answer, its advisers or otherwise) and/or its affiliates which is or has been furnished to You by or on behalf of the Company and any information or analysis derived therefrom.

Indemnification

You agree to indemnify, defend, and hold harmless Deal Answer and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) Your violation of this TOU, (ii) Your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (iii) Your violation of applicable laws, rules, or regulations, and/or (iv) Your Submissions, including without limitation the quality, content, accuracy, legality, or effectiveness thereof, or any communications, transactions, or results arising therefrom. Deal Answer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Deal Answer in asserting any available defenses.

Disclaimers and Excluded Liability

NOTHING HEREIN SHALL BE CONSTRUED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP OR ANY OTHER RELATIONSHIP BETWEEN YOU AND THE COMPANY. YOU AGREE THAT THE COMPANY’S OBLIGATIONS PURSUANT TO THIS TOU ARE OF A SOLELY ADMINISTRATIVE NATURE AND THAT THE COMPANY DOES NOT OWE YOU ANY DUTY OF CARE. YOU FURTHER AGREE AND UNDERSTAND THAT THE COMPANY IS NOT A LICENSED INVESTMENT ADVISER OR EXEMPT REPORTING ADVISER AND DOES NOT PROVIDE INVESTMENT ADVISORY SERVICES. THE COMPANY DOES NOT PROVIDE ANY INVESTMENT ADVICE, TAX ADVICE, ACCOUNTING ADVICE, LEGAL ADVICE AND/OR LEGAL SERVICES IN CONNECTION WITH THIS TOU TO YOU. YOU ARE ADVISED TO SEEK COUNSEL OF LEGAL ADVISOR, ACCOUNTANT OR TAX PROFESSIONAL PERTAINING TO THE COMPANY’S SERVICES OR THE CONTENT.

YOU ARE AWARE THAT THE COMPANY HAS MULTIPLE USERS AND MULTIPLE SPVs (AND FUNDS) OFFERED THROUGH THE SERVICES. YOU UNDERSTAND THAT THE COMPANY OR ITS AFFILIATES MAY INVEST IN SUCH SPVs AND FUNDS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL MOST LIKELY HAVE A CONFLICT OF INTEREST IN PROVIDING SERVICES TO AN SPV, A FUND AND OTHER CLIENTS AND EXPRESSLY WAIVES AND DISCLAIMS ANY CLAIMS OR CAUSES OF ACTION YOU MAY HAVE ARISING FROM OR RELATED TO SUCH CONFLICTS OR POTENTIAL CONFLICTS OF INTEREST. YOU ACKNOWLEDGE THAT THE COMPANY’S RELATIONSHIP WITH YOU UNDER THE TERMS OF THIS TOU IN NO WAY PRECLUDES THE COMPANY FROM WORKING WITH OTHER INVESTMENT PLATFORMS OR GROUPS, VENTURE CAPITAL ORGANIZATIONS AND FUND SPONSORS, PRIVATE EQUITY FUND SPONSORS AND/OR INVESTORS.

DEAL ANSWER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEAL ANSWER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DEAL ANSWER DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE CONTENT WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. DEAL ANSWER FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS.

IN NO EVENT SHALL DEAL ANSWER BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY: (A) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF DEAL ANSWER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DAMAGES WHICH, IN THE AGGREGATE, EXCEED (I) THE TOTAL AMOUNTS PAID BY YOU TO DEAL ANSWER FOR USE OF THE CONTENT OVER THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION FIRST ACCRUED, OR (II) IF THERE IS NO SUCH AMOUNT PAID, TEN U.S. DOLLARS (USD$10.00). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED HEREIN.

CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

THE INFORMATION PROVIDED ON THE DEAL ANSWER WEBSITE DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE LEGAL ADVICE; INSTEAD, ALL INFORMATION, CONTENT, AND MATERIALS AVAILABLE ON THIS SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.  INFORMATION ON THE DEAL ANSWER’S WEBSITE MAY NOT CONSTITUTE THE MOST UP-TO-DATE LEGAL OR OTHER INFORMATION.  DEAL ANSWER WEBSITE CONTAINS LINKS TO OTHER THIRD-PARTY WEBSITES.  SUCH LINKS ARE ONLY FOR THE CONVENIENCE OF THE READER, USER OR BROWSER; DEAL ANSWER AND ITS AFFILIATES DO NOT RECOMMEND OR ENDORSE THE CONTENTS OF THE THIRD-PARTY SITES.

READERS OF THE DEAL ANSWER’S WEBSITE SHOULD CONTACT THEIR ATTORNEY TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR LEGAL MATTER.  NO READER, USER, OR BROWSER OF THE DEAL ANSWER’S WEBSITE SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION ON THE DEAL ANSWER’S WEBSITE WITHOUT FIRST SEEKING LEGAL ADVICE FROM COUNSEL IN THE RELEVANT JURISDICTION.  ONLY YOUR INDIVIDUAL ATTORNEY CAN PROVIDE ASSURANCES THAT THE INFORMATION CONTAINED HEREIN – AND YOUR INTERPRETATION OF IT – IS APPLICABLE OR APPROPRIATE TO YOUR PARTICULAR SITUATION.  USE OF, AND ACCESS TO, THE DEAL ANSWER’S WEBSITE OR ANY OF THE LINKS OR RESOURCES CONTAINED WITHIN THE SITE DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE READER, USER, OR BROWSER AND WEBSITE AUTHORS, CONTRIBUTORS, CONTRIBUTING LAW FIRMS, OR COMMITTEE MEMBERS AND THEIR RESPECTIVE EMPLOYERS. 

THE VIEWS EXPRESSED AT, OR THROUGH, THE DEAL ANSWER’S WEBSITE ARE THOSE OF THE INDIVIDUAL AUTHORS WRITING IN THEIR INDIVIDUAL CAPACITIES ONLY.  ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENTS OF THE DEAL ANSWER’S WEBSITE ARE HEREBY EXPRESSLY DISCLAIMED.  THE CONTENT ON THE DEAL ANSWER’S WEBSITE POSTING IS PROVIDED "AS IS;" NO REPRESENTATIONS ARE MADE THAT THE CONTENT IS ERROR-FREE.

Term, Termination, and Suspension

This TOU takes effect (or re-takes effect) at the moment You first access or use the Content. Deal Answer reserves the right, in its sole discretion, at any time and on any grounds–including, without limitation, any reasonable belief of fraudulent or unlawful activity, or if Deal Answer reasonably suspects or determines that you are in violation of this TOU – to deny, terminate, or suspend Your access to the Content or to any portion thereof. Additionally, Deal Answer may, in its sole discretion, remove and discard any materials within the Content, for any reason.  Deal Answer may also in its sole direction and at any time discontinue providing the Content, or any part thereof, with or without notice. You agree that any suspension or termination of your access to the Content under any provision of this TOU may be effected without prior notice.  Further, you agree that Deal Answer will not be liable to you or any third party for any such suspension or termination of your access to the Content.

This TOU terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this TOU at any time by ceasing to use the Content, but each re-access or renewed use of the Content will reapply the TOU to You. Upon termination or expiration of the TOU for any reason, all licenses granted by Deal Answer hereunder shall immediately terminate, and You must immediately cease all use of the Content. The provisions of this TOU concerning Deal Answer’s proprietary rights, licenses to Submissions, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, and governing law will survive the termination of this TOU for any reason.

Independent Contractors

The relationship between You and Deal Answer under this TOU is that of independent contractors, and nothing herein or in Your use of the Content shall be construed as creating any joint venture, partnership, employment, or agency relationship.

Security and Compliance

Deal Answer reserves the right to view, monitor, and record Your activity on the Content without notice or permission from You. Deal Answer’s provision of the Content is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce Deal Answer’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Content or information provided to or gathered by Deal Answer with respect to such use.

Export Controls

You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo; or, (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Content is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.

Severability and Waiver

If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed severed from this TOU, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.

Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Deal Answer of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this TOU would cause irreparable injury to Deal Answer not readily quantifiable as money damages, such that Deal Answer would not have an adequate remedy at law. You therefore agree that Deal Answer shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.

Changes to Terms

Deal Answer reserves the right to change the terms and conditions of this TOU by posting a revised set of terms, or mailing and/or emailing notice thereof to You (or such other method as may be required by applicable law). In addition, Deal Answer may add, modify, or delete any aspect, component, or feature of the Content, but Deal Answer is not under any obligation to provide any upgrade, enhancement, or modification. Your continued use of the Content following any announced change will be deemed as conclusive acceptance of any change to the TOU.  Accordingly, please review the TOU on a periodic basis.

Governing Law and Dispute Resolution

This TOU is governed by the laws the State of Delaware and/or applicable federal laws of the United States of America without regard to its choice of law or conflicts of law principles. 

In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this TOU or any provisions hereof, whether arising in contract, tort, or any other legal theory, then such dispute shall be resolved exclusively in the courts of the State of Delaware and You consent to the exclusive jurisdiction of such courts for the final resolution thereof. The prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. This dispute resolution provision shall survive the termination of this TOU for any reason.

Notwithstanding the foregoing, Deal Answer may bring a claim for injunctive relief or other equitable relief against Your violation of this TOU in any court of competent jurisdiction without being required to observe the dispute resolution procedures of this Section.

The Content may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this Section. 

Class Action Waiver

BY USING THIS SITE AND AGREEING TO THIS TOU, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOU OR YOUR USE OF THE CONTENT. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOU AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

Contact Us

If You have any questions or comments regarding this TOU, please contact Deal Answer at support@dealanswer.com.