DirectDeals Terms & Conditions

(Updated: 1/1/2013)

General / Overview

The following Terms & Conditions shall apply to the relationship between DirectDeals, LLC., subsidiaries of DirectDeals, LLC., www.directdeals.com ("DirectDeals"), and the end user ("You" “you” or "Your" “your”). By using DirectDeals, LLC services, you accept the following Terms and Conditions, as well as the manner in which DirectDeals operates. These Terms & Conditions constitute the entire agreement between DirectDeals and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and DirectDeals with respect of your use of DirectDeals.

Information on DirectDeals, including, but not limited to, the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. DirectDeals is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material. DirectDeals will follow all local tax legislation for the sale of goods in the city, county, state or countries in which it operates.

DirectDeals reserves the right to change these Terms & Conditions at any time without notice to you. Consequently, you should review these Terms & Conditions for changes each time you visit DirectDeals. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at cs@directdeals.com.

Acceptance of Terms & Conditions

By accepting the Terms & Conditions and/or registering with DirectDeals, you confirm that you are eligible (as specified in the "Eligibility" section) to use DirectDeals. If you do not agree to these Terms & Conditions, do not use DirectDeals. If you access, use, or download in any way, any product, subscription or service from DirectDeals, you agree to and are bound by these Terms & Conditions.

Additional terms and conditions may apply to the use and or purchase of products, services and subscriptions and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Eligibility

By accepting the Terms & Conditions and/or registering with DirectDeals, You confirm that you are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using DirectDeals, You warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If you access, use, or download in any way, any service, product or subscription from DirectDeals, You agree to and are bound by these Terms & Conditions.

Registering

You can only register once and you must provide a postal address where you reside (P.O. boxes or similar arrangements are not permitted in some cases). You agree not to have more than one account. In addition, you must not provide misleading information when registering. You may not collude to exchange information. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other DirectDeals users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If DirectDeals receives information that your username is illegal or in breach of these Terms & Conditions as evaluated in DirectDeals sole discretion, your user account may be frozen until you change the username or DirectDeals may permanently close your account without prior notice to you for violating these Terms & Conditions.

You are responsible for keeping your user account password confidential. DirectDeals will never ask for your password apart from login, nor should it ever be provided to anyone, including DirectDeals employees. User accounts are non-transferable. You agree that your user account may be used only by you and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage DirectDeals, shall result in the termination of the user and the reporting of a crime. In general, you agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

Creating and Maintaining Accounts

In order to access the Website, you must create an Account that is accepted by DirectDeals and maintained by you in accordance with these Terms of Use and applicable law. You may never use another person’s account. When creating your account, you agree to only provide accurate and complete information. Only one account per household is allowed, unless otherwise expressly approved by DirectDeals.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DirectDeals immediately of any breach of security or unauthorized use of your account. Although DirectDeals will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DirectDeals or others relating to any such unauthorized use.

Either you or DirectDeals may at any time terminate your account, for any reason or no reason, with or without notice. If DirectDeals terminates your account for any reason other than your violation of these Terms of Use, the Website rules and regulations, and/or your violation of law, then DirectDeals shall return to you the balance of any amounts owed or fulfill product owed for purchases at DirectDeals discretion.

To request an account. you must be legally capable of entering into binding contracts and be at least 18 years old. DirectDeals Products and Services are offered exclusively to Account holders. Each User shall be liable for all activities that are undertaken using his or her Account.

DirectDeals hereby grants to you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for the purposes expressly agreed upon by DirectDeals; (ii) you will not copy or distribute any part of the Website in any medium; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a convention on-line web browser. You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by DirectDeals. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users. You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any DirectDeals page. You agree not to disclose your password to any third party or permit any third party to access your Account. You may not sell, license, or otherwise transfer your Account, except by operation of law.

ACCOUNT TERMINATION BY YOU:

You have the right to terminate your account at any time. You may do so either by not returning or by closing your account in accordance with DirectDeals standard procedure.

ACCOUNT TERMINATION BY DIRECTDEALS:

DirectDeals reserves the right to temporarily or permanently terminate your account at its sole discretion if it determines you have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party purchasing, the creation of multiple accounts by the same individual ("Multiple Account Violation") or if DirectDeals suspects fraudulent account activity or behavior. You agree that if DirectDeals, in good faith and in its sole discretion, determines that you have breached these Terms & Conditions, DirectDeals may withhold, cancel or otherwise retain any and all of your pending deliveries and/or refunds. Upon cancellation, DirectDeals has the right to recover damage or losses taken from the malicious behavior covered in these terms and conditions up to and including the value of damage caused or the value of products that have been purchased and processed before action is taken.

Special Promotions

Any special promotions run by DirectDeals shall only be valid if they are announced on DirectDeals or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on DirectDeals or in our newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant sale or promotion has ended, the promotion is also finished. DirectDeals reserves the right to show additional and/or different products, services or subscriptions to you at DirectDeals sole discretion.

Returns / Cancellations

DirectDeals allows customers the right to cancel or return an order. This right is conditional and begins from the moment the contract is concluded (date of sale). Return of products must be within 30 days of the purchase date. If you cancel an order to which the cancellation provisions apply, you are entitled to a refund of the purchase price (minus shipping costs). A restocking fee may apply and if accessed, a 15% penalty to the purchase price will be accessed. Exclusions include Discounts, Coupons, and Vouchers. If you are found to be in bad standing due to fraudulent behavior, excessive refund requests and other such behavior, you are deemed to be a breach of the Terms & Conditions and will not be eligible for a refund.

If you wish to cancel the contract, prior to shipping, you must inform DirectDeals by email prior to 3:00 pm CST that you want to cancel. Cancellations by phone will not be accepted.  Cancellations must be followed up by a written request via email. The following contact detail must be used:

Email: cs@directdeals.com

In order to complete a cancellation or return, you must return the received product or products in new condition. Shipping expenses for returns will be paid by you (unless goods are found to be defective or the mistake in shipping is the fault of DirectDeals). DirectDeals will not accept a return if you are unable to return the product received or are only able to return it in part or in a depreciated condition. Should DirectDeals incur additional costs for insufficient postage on the return; these costs will be deducted from any previous payment remitted by you.

Delivery

Deliveries are made to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii or specific countries world wide. Actual shipping costs will be applied to all shipments regardless of costs associated with the purchase. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by you. Delivery times vary; therefore any time provided should be used as a guide. DirectDeals shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to DirectDeals upon receipt. Should DirectDeals not be able to deliver the product ordered, DirectDeals shall be entitled to substitute the item with an equivalent product acceptable to both DirectDeals and you, or provide a refund.

Software from the Website (the "Software") may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Withholding Payment / Retention of Title

You agree that the item delivered shall remain DirectDeals property until payment is received in full of the total price, including the shipping has been settled with DirectDeals.

Disclaimer of Warranty and Liability Regarding Use of DirectDeals

You agree that use of DirectDeals is at your sole risk. Neither DirectDeals nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by DirectDeals, or the like, warrant that websites affiliated with DirectDeals, including but not limited to, DirectDeals, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on DirectDeals may contain inaccuracies or typographical errors. DirectDeals makes no warranty as to the results that may be obtained from the use of DirectDeals or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through DirectDeals. Furthermore, DirectDeals shall not be responsible for any opinions, views, advice or statements posted on DirectDeals (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized DirectDeals spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized DirectDeals spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF DIRECTDEALS IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY DIRECTDEALS, LLC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

DIRECTDEALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF DIRECTDEALS, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF DIRECTDEALS, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, DIRECTDEALS DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIRECTDEALS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM DIRECTDEALS OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT DIRECTDEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH DIRECTDEALS.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON DIRECTDEALS SERVICES OR ITEMS PURCHASED THROUGH DIRECTDEALS, FROM INABILITY TO USE DIRECTDEALS SERVICES OR ITEMS PURCHASED THROUGH DIRECTDEALS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF DIRECTDEALS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If you are dissatisfied with any portion of DirectDeals, You should discontinue your use of DirectDeals.

Disclaimer of Warranty and Liability Regarding Purchases from DirectDeals

DirectDeals, LLC nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by DirectDeals, or the like, hereby disclaim any and all liability from claims arising from products offered on the DirectDeals site. DirectDeals will not be liable for any damages or injuries, whether physical or emotional, that may occur or are received during a sale or purchase of a product, service or subscription on the DirectDeals site.

All new products are sold with the manufacturer's limited warranty only. DirectDeals warrants solely that the products sold to you under these terms shall have the characteristics specified in DirectDeals specifications for such products as set forth in the description of each purchase and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to DirectDeals. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, DIRECTDEALS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY DIRECTDEALS OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT DIRECTDEALS SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY DIRECTDEALS. IN NO EVENT SHALL DIRECTDEALS BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

System Outage / Glitch

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. DirectDeals, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, DirectDeals shall not be liable for any damage incurred by users or third parties from using DirectDeals services. In particular, DirectDeals shall not be liable for damage that occurs due to orders not being received by DirectDeals, not being received promptly, or not being considered as a consequence of technical errors.

A system outage or glitch has occurred if no orders can be submitted for items due to an unforeseeable disruption in a system. DirectDeals is not responsible for any costs incurred by you due to a system outage. DirectDeals reserves the right to cancel orders due to, but not limited to, system error, technical problems, or any other reasonable reason. Should you witness an irregularity in the operations of DirectDeals, you should immediately inform DirectDeals of the issue.

Trademarks

DirectDeals logos are trademarks of DirectDeals, LLC and all rights are reserved. Any trademarks appearing on DirectDeals are the property of their respective owners.  DirectDeals claims no affiliation with any manufacturer or copyright holder of any product appearing on the DirectDeals website.

Service and Support for Products Purchased

All requests for technical service and support on products purchased on DirectDeals should be made directly to the manufacturer in accordance with their Terms & Conditions.

Applicable Law / Severability Clause

This Terms & Conditions Agreement and Your use of DirectDeals shall be governed by the laws of the United States of America and the State of Texas without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Texas.

You are subject to the laws of the Jurisdiction in which you reside and/or from which you access DirectDeals and the services provided. The laws governing website purchases, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or purchase products offered by DirectDeals while located in a prohibited Jurisdiction, You will be in violation of the law and these Terms & Conditions, and subject to having your account suspended or closed permanently. You agree that DirectDeals cannot be held liable if laws applicable to you restrict or prohibit your participation. The UN Convention on the International Sale of Goods shall not apply.

Data Collection, Processing, and Use of our Customers' Personal Information

The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

User Disputes

You are solely responsible for your interactions with other Users. DirectDeals reserves the right, but has no obligation, to monitor disputes between you and other Users.

Registration

You may be required to open an Account in order to access some or all of the Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. You may be required to provide additional information and complete additional registration steps.

Non-Commercial Use by Users

The Services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by DirectDeals. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by DirectDeals.

Disclaimers

DirectDeals is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by employees, affiliates or users or by any of the equipment or programming associated with or utilized in any of the Services. DirectDeals is not responsible for the conduct, whether online or offline, of any User. DirectDeals assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or Products. DirectDeals is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or Products. Under no circumstances shall DirectDeals be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. THE WEBSITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND DIRECTDEALS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. DIRECTDEALS DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE BEATS, AND/OR THE SERVICES.

Limitation on Liability

IN NO EVENT SHALL DIRECTDEALS OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY OF THE SERVICES, EVEN IF DIRECTDEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIRECTDEALS LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO DIRECTDEALS FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.

U.S. Export Controls

Software from the Website (the "Software") may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state of Texas without regard to conflict of law’s provisions, the actual state or county of execution or loss or any different state laws that may govern these Terms of Use. THE TEXAS COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN TEXAS AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between DirectDeals and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

Indemnity

You agree to indemnify and hold DirectDeals, its subsidiaries, members, managers, affiliates, officers, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or any of the Services in violation of these Terms of use; arising from your breach of these Terms of Use; arising from your violation of applicable law or court order; and/or arising from your negligence.

Void Where Prohibited

DirectDeals administers and operates the Website from its location at DirectDeals, LLC. 415 Texas Avenue, Suite F, Round Rock, Texas 78664. Other DirectDeals sites may be administered and operated from various locations inside and outside the United States. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. DirectDeals reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on DirectDeals is void where prohibited. If you choose to access the Website from outside the United States, you do so, on your own initiative and you are solely responsible for complying with applicable local laws.

Intellectual Property and Copyright

If you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. a physical or electronic signature of a person authorized to act on behalf of the      owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple      copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of      infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. information reasonably sufficient to permit the service provider to contact you, such      as an address, telephone number, and, if available, an electronic mail;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. DirectDeals designated "Copyright Agent" to receive notifications of claimed      infringement is: DirectDeals, LLC. Attn: Designated Copyright Agent 415 Texas Avenue; Suite F, Round Rock, Texas 78664.
8. For clarity, only DMCA notices should go to the Copyright Agent; any other      feedback, comments, requests for technical support, and other communications should be directed to the DirectDeals customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.

Intellectual Property and Patent

DirectDeals or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and DirectDeals and/or its licensors and/or affiliates reserves all such rights.

Intellectual Property and Trademarks - General

DirectDeals, as well as other names and marks so notified in the Web Site are trademarks of DirectDeals, LLC. ("DirectDeals Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by DirectDeals and/or respective holders.

Intellectual Property and Trademarks - Use of

You may use DirectDeals Marks or product names to refer to DirectDeals products and services, provided you follow the following guidelines whenever DirectDeals Marks appear:

1. Your use DirectDeals Marks must not mislead consumers or imply as to any DirectDeals sponsorship, affiliation, or endorsement of your company, or your products or services.
2. You should not use DirectDeals Marks, or any other trademarks, service marks, logos,  or trade names of DirectDeals, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
3. At least upon the first occurrence of each of the DirectDeals Marks, the ™ symbol      shall appear.
4. In any material in which the DirectDeals Marks appear, a notice in the following      format will be added: "DirectDeals and the DirectDeals logo, are trademarks of DirectDeals, LLC".
5. All DirectDeals Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by DirectDeals, without any variations of  same.
6. The DirectDeals Marks shall be used as an adjective followed by the generic term for the product/service.
7. These guidelines are not a definitive statement of proper brand and trademark use. DirectDeals reserves the right to oppose any uses of DirectDeals Marks that DirectDeals, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. DirectDeals further reserves the right to revise these guidelines at any time, without notice.

Entire Agreement

These Terms & Conditions constitute the entire agreement between you and DirectDeals with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by DirectDeals of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by an officer of DirectDeals, LLC.

Except for any additional written agreement(s) between you and DirectDeals, these Terms of Use constitute the entire agreement between you and DirectDeals regarding the use of the Website and/or any of the Services. The failure of DirectDeals to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. All rights not expressly granted to you in these Terms of Use are reserved to DirectDeals and/or its licensors. This Agreement is not assignable or transferable or sub-licensable by you except with DirectDeals prior written consent. DirectDeals may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use.