DIRECTDEALS TERMS AND CONDITIONS OF USE
Welcome to the DirectDeals website. By using the website and its related services, products, and software (collectively, the "Site"), you agree to be bound by these terms ("Conditions of Use"). You also accept the Conditions of Use when you create an account, sign in as a guest, or log in to the site. Additional or separate terms may apply to your interactions with other DirectDeals websites and to your use of individual services or features available on the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will govern. References to "DirectDeals" "our," "we," "us," or “DirectDeals” may refer to DirectDeals, LLC., and its affiliates, subsidiaries, and designees. We may make changes to the Site and the Conditions of Use at any time without notice. It is your responsibility to review the Conditions of Use for updates or changes. If you do not agree with the Conditions of Use, you should not use the Site.
As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include the singular. No rights, duties, agreements or obligations hereunder may be assigned or transferred by Buyer, by operation of law, merger or otherwise, without the prior written consent of DirectDeals. Any attempted or purported assignment shall be void. DirectDeals' obligations under these terms and conditions may be performed by divisions, subsidiaries or affiliates of DirectDeals. The obligations, rights, terms and conditions hereof shall be binding on the parties hereto and their respective successors and assigns. The waiver of any provision hereof or of any breach or default hereunder shall not be deemed a waiver of any other provision hereof or breach or default hereunder. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction.
Intended for Users Over 13
We provide the Site for use by individuals 13 years of age and older. If you are under the age of 13, you may use the Site only with the assistance of a parent or guardian.
Errors on Our Site
We try to be as accurate as possible. However, we do not warrant that Site content or Product descriptions are accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change and may vary from those offered in our stores or other advertisements. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we'll charge your card for an item when we ship the item to you or confirm its availability in store. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we'll debit your card when you place the pre-order. For special delivery items, we'll charge your card when you confirm a delivery time. For digital items, we'll charge your card when you initiate the download of the product or the product is placed in your account and available for use.
DirectDeals retains a purchase money security interest in the Products delivered to Buyer, and in their accessories, replacements, accessions, proceeds, and Products, including accounts receivable (collectively, the "Collateral") to secure payment of all amounts due under this Agreement. Buyer’s failure to pay all amounts hereunder in full when and as due shall constitute a default hereof and shall give DirectDeals all rights of a secured party. If Buyer fails to pay any amount when due, DirectDeals shall have the right to repossess and remove all or any part of the Collateral from Buyer, but not from Buyer’s Customers. Any repossession or removal shall be without prejudice to any other remedy of DirectDeals hereunder, at law or in equity. Buyer agrees, from time to time, to take any act and execute and deliver any document (including, without limitation, financing statements) reasonably requested by DirectDeals to transfer, create, perfect, preserve, protect and enforce this security interest.
Any payment received from Buyer may be applied by DirectDeals against any obligation owing from Buyer to DirectDeals, regardless of any statement appearing on or referring to such payment, without discharging Buyer's liability for any additional amounts owing from Buyer to DirectDeals, and the acceptance by DirectDeals of such payment shall not constitute a waiver of DirectDeals right to pursue the collection of any remaining balance.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and DirectDeals owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. You may use the Site and the Content only for non-commercial, personal use. You must retain all copyright, trademark and other proprietary notices contained in any Site material you use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media. Unless we separately give you permission, you may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the content, in whole or in part.
The DirectDeals logos and other trademarks on the Site are the property of their respective owners and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Reviews, Comments, Communications, and Other User-Generated Content
You may interact with the Site and DirectDeals in numerous ways, including Reviews and Ratings, Videos, Questions and Answers, Community Forums, and e-mail communication. You hereby grant DirectDeals a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content.
When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, infringing, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Technical Assistance or Advice
Any technical assistance or advice offered by DirectDeals in regard to the use of any Product or provided in connection with Buyer’s purchases is given free of charge and only as an accommodation to Buyer. DirectDeals shall have no obligation to provide any technical assistance or advice to Buyer and if any such assistance or advice is provided, such fact will not obligate DirectDeals to provide any further or additional assistance or advice. DirectDeals shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of DirectDeals representatives in connection with the Products or Services constitute a representation or warranty, express or implied.
Notification of Copyright Infringement under the Digital Millennium Copyright Act (DMCA)
DirectDeals, LLC., uses likeness images and product names and/or descriptions for the sole purpose of product identification and as a part of the "Fair Use" act, however, in doing so, an end user should never conclude that DirectDeals, LLC., or its affiliates. microsites, owners, members, customers or employees are associated, affiliated, connected, approved, authorized or sponsored by any particular manufacturer, distributor or product copyright or trademark owner, nor should an end user conclude from the sale of a manufacturer's products on its websites that DirectDeals, LLC., is affiliated, approved, or sponsored by any particular manufacturer, distributor or product copyright or trademark owner.
Unless otherwise stated or specified, all materials appearing on this site; including text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of DirectDeals, LLC., Copyright ©, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping in this store or placing an order and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
If you believe that your copyrighted material may have been infringed, please provide DirectDeals Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
- 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.
- 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.
DirectDeals designated agent to receive notifications of claimed infringement can be reached by:
ATTN: DMCA Agent
13785 Research Blvd.
Austin, TX 78750
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY DIRECTDEALS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to Third-Party Websites
Certain software or other materials ("Software") that you may obtain through the Site may be further subject to export controls. You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restrictions or regulations.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password. You may only use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.
You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of DirectDeals, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TEXAS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE CONDITIONS OF USE AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST DIRECTDEALS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ANY DIRECTDEALS PROPERTY OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY DIRECTDEALS OR THROUGH ANY DIRECTDEALS PROPERTY OR WEBSITE.
Any dispute or claim arising out of or relating in any way to your use of any DirectDeals property, or to any products or services sold or distributed by DirectDeals or through any DirectDeals property or website 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 these Conditions of Use.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.