DEALHUBCENTRAL.COM WEBSITE TERMS & CONDITIONS UPDATED
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Account and/or Site. The Agreement constitutes the entire and only agreement between you and DHC with respect to your use of the account and/or Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Account, the content contained therein and/or the products and services provided by or through same. DHC may change the Agreement, and the scope and functionality of the Account, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Account and/or Site following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that DHC is not responsible or liable in any manner whatsoever for your inability to use the Account and/or Site.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU SHOULD DISCONTINUE REGISTRATION FOR OR, IF YOU HAVE ALREADY REGISTERED, YOUR USE OF, AN ACCOUNT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOUR APPLICABLE ACCOUNT, IF ANY, WILL NOT BE ACTIVATED BY DHC OR, IF YOU HAVE ALREADY REGISTERED, YOUR APPLICABLE ACCOUNT WILL BE TERMINATED BY DHC.
Age and Accurate Information. The Site and/or the Account are available only to residents of the United States that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. Members must (a) be living individuals and not any type of entity, (b) provide a valid email address and confirm the email by clicking a verification email during registration in order to activate their Account, (c) provide accurate login information, including the country listed in your profile must be the country you are living in and logging into your Account from, and (d) any time Members provide information to this Site, to any Advertisers (as defined in Section 3), or in response to any Offer, such information must be accurate, complete, be your own information and not the information of any other person. Personal information includes, but is not limited to, registration information, profile, and any other place where information is requested. You agree that DHC, our Advertisers, or any of our third party vendors or agents may contact you through any email or other contact information provided by you.
No Duplicate Accounts and Current Contact Information. DHC does not permit duplicate Accounts; (i) Members may not create more than one Account with DHC, (ii) there can be no more than one Account in the same household, (iii) there can be no more than one Account with the same mailing address, (iv) there can be no more than one Account using the same computer/device.
3. Description of the Site.
DHC has relationships with partners and advertisers (collectively “Advertisers”) to provide Members with a range of ways to earn cash or get cash back (“Cash Earning Activities” or “Offers”). Cash Earning Activities are available to Members based on a variety of factors, including but not limited to, location, age, demographic information, and participation level with DHC. Neither DHC nor our Advertisers make any guarantees regarding the number, type, or dollar amount of Cash Earning Activities that will be available to Members at any given time.
Relationship with Advertiser. When a Member completes an Offer through DHC, they are creating a direct relationship with the Advertiser who provided the Offer. Members should review the Advertiser and all of its applicable policies, procedures, and terms and conditions relating to the Offer before completing the Offer. DHC assumes no liability, obligation, or responsibility for any Offer on our Site, or for any subsequent billing or relationship that occurs between Member and Advertiser. Members should contact the Advertiser directly if they have any questions or disputes relating to the Offer. Some Offers provide extra incentives, such as gift cards or points, for completing an Offer, which is provided directly by the Advertiser to the Member, and is independent of the DHC programs. Extra incentives may have additional requirements to receive these incentives beyond what is required to receive credit from DHC. DHC is not responsible for these additional incentives and has no control over any additional requirements.
Unless otherwise stated, Offers are only available for first-time customers and a Member does not get credit of any kind for completing an Offer they have participated in before, whether through DHC or any other website or medium. To earn credit for an Offer, Members should complete the Offer immediately after clicking the Offer on our Site; if you return to the Advertiser’s website at a later time to complete the Offer, or complete the Offer over the phone, you may not receive credit.
Credit. Offer credit is tracked and credited with Cookies, and Members should confirm their web browser allows all Cookies. Further, Members should confirm any anti-virus and/or anti-spyware software does not automatically override their web browser’s Cookie settings.
Most Offers will be credited to your Account within a few business days
from completion, but some may take up to 45 days to credit. Members should read and comply with all
requirements of an Offer to ensure timely credit.
Members for Offers based on information we receive from the Advertisers. The Advertiser has the authority over whether
or not a Member is credited for an Offer and thus DHC makes no
guarantee that Members will receive credit for completing an Offer. Members
should save all confirmation emails, and similar information, they receive from
the Advertiser after completing an Offer as this information can usually be
used to credit a Member’s account if not done automatically.
on DHC include a free trial period that allows the Member to try a product or
service and Members should only complete these Offers if they have a legitimate
interest in the product or service. Canceling a free trial immediately after
joining may result in not being credited for completing the Offer. DHC reserves the right, in our sole discretion, to terminate
a Member’s account and forfeit all earnings and referrals, in addition to any
other legal remedies, in the event a Member’s activity appears fraudulent.
No Duplicate Credit. DHC does not permit duplicate credit for the same offer; (i) Members may not create more than one Account with Third-Party Providers, (ii) there can be no more than one Account in the same household, (iii) there can be no more than one Account with the same mailing address, (iv) there can be no more than one Account using the same computer/device
Third Parties. Offers and other content (“Third-Party Content”) are posted by Advertisers or others (“Third-Party Providers”) who are not part of DHC. Third-Party Content should not necessarily be relied upon. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness or usefulness of such material. DHC does not represent or warrant that the Content and/or other information posted by and through the Account and/or Site is accurate, complete or appropriate. You understand and agree that DHC will not be responsible for, and DHC undertakes no responsibility to monitor or otherwise police, such Third-Party Content and other information. You agree that DHC shall have no obligations and incur no liabilities to you in connection with any such Cash Earning Activities, Offers, and other information appearing on the Site or otherwise by and through the Account.
Please use caution, common sense and safety when using the Account and/or other areas of the Site. You are solely responsible for your interactions with Third-Party Providers and/or other third-parties. Because we do not control Third-Party Providers and/or other third-parties, you hereby release DHC including, but not limited to, its officers, directors, members, agents, subsidiaries, employees, and all related and affiliated parties, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. DHC reserves the right, but has no obligation, to monitor disputes between you and Third-Party Providers and/or other third-parties.
If you would like to register a complaint, notify DHC of a dispute or notify us of inaccurate or misleading information appearing on the Site or otherwise through the Account, please feel free to contact us at contactus@DealHubCentral.com.
4. Description of the Account.
Subject to the terms and conditions of the Agreement, by registering on the Site, and receiving approval from DHC, you can obtain, or attempt to obtain, an Account. An Account will enable you to participate in a variety of activities to earn cash or get cash back.
As a Member, in connection with complying with Offer terms and otherwise, you must comply with all federal, state and local laws, statutes, rules, regulations and judicial decrees. Without limiting the generality of the foregoing, DHC reserves the right to prohibit any conduct by Members that DHC deems, in its sole and absolute discretion, to be in violation of the Agreement or which DHC believes to be fraudulent, illegal, potentially harmful to others, otherwise objectionable or that may expose DHC to harm, damage to reputation or liability. You accept sole responsibility for the legality of your actions under laws applying to you. You understand and agree that DHC is not responsible or liable in any manner whatsoever for your inability to use the Account, or for any dispute between you and Third-Party Providers. DHC expressly disclaims all responsibility and liability for use by you of any information obtained on or in connection with the Site.
DHC is in no way affiliated with, endorsed or sponsored by any third-party provider.
DHC authorizes you to view the Site materials only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
DHC may modify these Terms at any time, and such modifications will be effective immediately upon posting the modified terms. Your continued access or use of the website after a modification will be deemed your conclusive acceptance of the modified Agreement. DHC may also monitor and remove material and discontinue Site availability at any time without notice.
In order to obtain Account, and/or participate in an Offer, you must first submit the applicable application form (“Application”) to DHC for review and initial approval. DHC reserves the right, in its sole discretion, to deny access to the Site and/or the Account to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain Account may include, without limitation, depending on the applicable Account requested: your full name, gender, e-mail address(es), mailing address, daytime, evening and/or cellular telephone numbers, date of birth, age, gender and/or any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion. DHC will verify and approve all registrants in accordance with its standard verification procedures including sending you an email with a verification link to validate your email
If DHC approves your Application, and you agree to any required separate agreement, as applicable, DHC will set up your specific account (“Account “) and send a confirmation e-mail to the e-mail address that you used to register for the applicable Account. You can access your specific Account at the Site using your email address and Password or using your Facebook account login. You are responsible for maintaining the confidentiality of your Account, Password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account. It is recommended that you make any necessary adjustments to your e-mail account in order to ensure that e-mails from DHC are not blocked or otherwise sent to your junk mail folder.
DHC may reject your Application, terminate your participation in the Account and/or cancel any and all Cash due and owing to you, at any time and for any reason, in DHC’s sole discretion. Such reasons may include, without limitation: (i) where DHC believes that you are in any way in breach of the Agreement; (ii) where DHC believes that you are, at any time, conducting any unauthorized commercial activity by and through the Account; and/or (iii) where DHC believes that you are committing fraud or other improper conduct in connection with the Account and/or Offers.
You agree that you are solely responsible to provide all of the equipment and software necessary to connect to the Site. You agree to be solely responsible for activity performed under your username, except for any activity occurring after (i) you notify DHC in writing (customerservice@DealHubCentral.com) of a breach and provide DHC time, consistent with our practices, to close the account, or (ii) prove that such security was compromised solely as a result of our systems. In connection with your Account, you will create a Password. You are responsible for keeping your Password confidential and secure, and you are responsible for all actions taken using your Password.
You agree to Comply with any and all applicable laws and regulations as they relate to the use of this Site or relations with us.
If a Member does not visit the Site while being logged in or click DHC emails at least one time within a given 6-month period, their Account will be permanently removed and all Cash or other items accrued will be forfeited. In a Member dies, such Member’s Account is automatically and immediately terminated, and all Cash or other items accrued in such Account are forfeited.
Inactivity. If there is no activity on an Account for 180 days (defined as a Member logging on to his/her Account and earning cash) then the Member and his/her Account is “inactive” and subject to forfeiture of all Cash held in the Account if the balance of the Account is less than $40.00. Inactivity and forfeiture shall also apply to a Member who fails to login to his/her account for a period of 180 or fails to activate his/her Account within 180 days of registering as a user on the site and if such Member’s account balance is less than $40.00. DHC shall have the right to deactivate an inactive Account and any money held in such Account is forfeited.
6. Earning Cash.
Cash. You can earn Cash, credited to your Account, by following the specific conditions that appear on the specific offer(s), either bonus offer or third-party offer, and as described in the other sections of this Agreement that is subject to your compliance with all Terms and Conditions. Cash can be earned by: 1) completing “bonus offers” sponsored by DHC and 2) by completing the conditions provided by third-party Offers. Your Account, including any Cash or other credits in your Account, is non-transferable and non-assignable, and may not be pooled, lent, sold, exchanged, pledged, or otherwise transferred or combined. At any time, DHC may change rules about requesting Cash payment(s) or redeeming other Account credits and such changed rules will apply to Cash already accrued as well as to future Cash accrued. You may request Cash payment out of your Account (also referred to as “redeeming” Cash) only as permitted by this Agreement. Redeeming Cash and any payment to you is contingent upon your: (1) being in full compliance with all these Terms and Conditions; and (2) compliance with the specific rules or terms then in effect for the particular Offer.
Minimums. There shall be no redemption of Cash until you have accrued at least forty dollars in your account ($40.00) (the “Minimum Payment Amount”). Unless and until you have accrued at least the Minimum Payment Amount in your account, (A) You have no right to redeem the Cash in your account, and we have no liability or obligation to pay you whatsoever, (B) such Cash has no cash value and is deemed a contingent liability, which is entirely contingent upon: (i) your accrual of at least the Minimum Payment Amount in your account, and (2) your full compliance with these Terms and Conditions.
Payment Processing. You can request payment of the Cash in your Account by clicking the “My Account”
link that will become available once your account reaches the minimum payment amount.
No payment request can be processed until (i) you have accrued at least the Minimum Payment
Amount. and (ii) the payment is for an offer at least 30 days prior (so adjustments can be
made for any credits or cancellations). The Member can select payment either by check or
PayPal. Members may have only one pending payment request at a time. Presently, the Minimum
Payment Amount required to request a payment is $40.00; however, this amount may change.
PROCESSING FEES FOR PAYMENTS WILL BE DEDUCTED FROM YOUR PAYMENT AND ARE FIVE DOLLARS ($5.00)
FOR EACH CHECK PAYMENT YOU REQUEST AND ONE DOLLAR ($1.00) FOR EACH PAYPAL TRANSFER YOU REQUEST.
Payment requests are processed twice a month; payments requested between the 1st and the 15th
of a month will be processed by the 1st of the following month and payments requested between
the 16th and the end of a month will be processed on the 15th of the following month. After
requesting payment, Members can view their scheduled payment processing date by clicking
“My Account” link at the bottom of the page or by clicking your balance on the top right side.
Payments are processed on 1st and 15th of each month and check payments are generally mailed via USPS within 3 days, depending on holidays and the number of pending payment requests. Paypal payments are processed within 5 business days
Payment requests belonging to Members who have become inactive or who have duplicate Accounts will not be processed and will be removed.
Taxes. You are responsible for any and all federal, state and local tax liabilities arising from or associated with your use of the Site, including liability arising from your accrual of Cash, redemption of Cash, or other items. You agree to provide accurate tax information about yourself prior to receiving payment when requesting payment greater than $400 at one time, or cumulatively during a calendar year, or upon request by DHC for 1099 purposes. DHC will file a 1099 tax form for any Member who earns $600 or more in one calendar year from our company.
Cancellations. DHC may subtract a corresponding amount of Cash from your Account any time (i) you return a purchased item for which you received Cash in your Account, (ii) any time you void, cancel, rescind, or otherwise reverse any Cash transaction for which you received Cash in your Account, and (iii) if any Advertiser notifies DHC that it is reversing its transaction with you for any reason on any of our Cash generating activities. A pattern of reversals is considered fraudulent activity, and may result in the termination of your DHC account and forfeiture of your Cash earnings and referrals.
DHC reserves the right to request further information from Members to ensure they have not fraudulently completed Offers. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the Offers, in order to ensure a stolen credit card was not used. DHC reserves the right to place any payment request on hold, for any reason, until the requested information has been provided by the Member. Ample notice will be given to the Member to provide this information. If the Member does not provide this information before their payment is scheduled to be processed, their Account will be suspended until they do so. All decisions by DHC regarding fraud or suspected fraud are binding and final.
Members can use their Referral link that can be found on “My Account” section to refer other Members to DHC. However, since DHC allows only one Account per computer/device, our referral tracking software will not allow one Member to refer another Member if they are using the same computer/device. A referring Member will receive (i) the sum of two dollars ($2.00) for each friend referred (who becomes a Member and is a new Member who has not had an Account with DHC previously), up to a maximum of 4 referred friends and (ii) the sum of ten percent (10%) of any future Cash earned by the referred friends for completing third-party offers, excluding any bonus offers such as referral and signup bonuses.
Members may not SPAM (send unsolicited email to persons they do not know) to refer other Members to DHC. Members must adhere to all current legislation, including the CAN-SPAM Act. Referrals should be limited to people the Member knows personally and not be general advertisement. If a Member has a specific question as to whether or not a particular advertising method is acceptable, they should contact DHC prior.
Members may not make untrue or exaggerated statements when referring DHC or engage in any unfair or deceptive trade practice as defined by law. If the Member provides information about DHC they must ensure the information is up to date and accurate. A Member’s Account may be terminated for false advertising. You must be careful to obey applicable laws and regulations regarding testimonial or endorsement by you recommending DHC, an Advertiser or Offer, so that such testimonial or endorsement is not false or misleading. For more information please see the FTC’s guidance at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf
8. Non-Endorsement/Independent Contractors.
DHC operates the Account and Site as a neutral host, and DHC does not regularly monitor, regulate or police the use of the Account and/or Site by any of its participants. The participation in the Account and/or Site by a Member, Third-Party Provider, or otherwise does not constitute an endorsement by DHC of that Member, Third-Party Provider or other third-party. Members, Third-Party Providers and other third-parties are independent parties and DHC does not, and shall not, have any responsibility or liability for the acts, omissions, agreements, promises, products, services, comments, opinions, advice, statements, offers and/or other information of any Member, Third-Party Provider, and/or other third-party. Nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between DHC and any Member, Third-Party Provider, or any other party. No Member has any authority to make or accept any offers or representations on behalf of DHC.
9. Telephone Contact in Connection with Registration.
By registering for Account and submitting your telephone number, you agree to receive telephone calls from DHC in connection with your registration and ongoing membership. In addition, you agree that submitting your telephone number constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (“ATSR”) and any applicable state and local do-not-call regulations. Notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, or an applicable state do-not-call list, by registering for Account and providing DHC with your electronic signature under the Uniform Electronic Transactions Act, you are giving DHC the express right to contact you via telephone in accordance with the ATSR and any applicable state and local do-not-call regulations.
10. License Grant.
Members grant to DHC a royalty free, worldwide license to display on, and distribute through, the Account and/or Site, or in any medium as otherwise determined by DHC your initials, city, state and earning status. The Member License shall last as long as the Account remains active.
Conditioned upon your compliance with this Agreement, we grant you a revocable, nonexclusive, non-assignable and non-sublicenseable, right to access and use the Site and its services and other material posted or made available by and through the Account, in accordance with the Agreement, solely as they may exist and may be available at any given point in time. We reserve all rights not expressly granted herein. We reserve the right to add or discontinue information or services at any time and in our sole discretion. DHC may terminate this license at any time for any reason. Unless otherwise expressly authorized by DHC, as a user and/or Member, you may only use the Content, Site and/or Account for your own personal use. No part of the Site including, but not limited to, the Content and/or Account may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content and/or any portion thereof. Systematic retrieval of Content, Account or other content from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DHC is prohibited. You may not create any “derivative works” by altering any aspect of the Content, and/or Account. You may not use the Content and/or Account in conjunction with any other third-party content. You may not exploit any aspect of the Site, Content, and/or Account for any commercial purposes not expressly permitted by DHC by advance written consent. DHC reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure. You further agree to indemnify and hold harmless DHC for your failure to comply with this Section.
11. Proprietary Rights.
The Content and any and all other material posted or made available by and through the Account including, but not limited to, the design, selection, arrangement and coordination of such Content and/or Account on the Site is owned or licensed by or to DHC, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site, Content or other material posted or made available by and through the Account may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without DHC’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, other material posted or made available by and through the Account or any document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by DHC does not constitute a waiver of any right in such information and materials. DHC reserves all rights not expressly granted hereunder.
The “Deal Hub Central” name and logo are trademarks of DHC. All custom graphics, icons and service names are trademarks of DHC. All other trademarks are the property of their respective owners. The use of any DHC trademark without DHC’s express written consent is strictly prohibited.
12. Representations and Warranties.
Visitors, Members and/or Advertisers, as applicable, hereby represent and warrant to DHC as follows: (i) the Agreement constitutes such party’s legal, valid and binding obligation which is fully enforceable against such party in accordance with its terms; (ii) such party’s use of the Account or other participation on the Site will not conflict with or violate: (a) any provision of law, rule or regulation to which such party is subject; (b) any order, judgment or decree applicable to such party; (c) any provision of such party’s corporate by-laws or certificate of incorporation, or similar governing documents, if applicable; or (d) any agreement or other instrument applicable to such party; (iii) there is no pending or, to the best of such party’s knowledge, threatened claim, action or proceeding against such party; and (vi) such party will be solely responsible for complying with the terms and conditions of the Agreement.
13. Bypassing or Disabling any Portion of the Account or Software.
If you bypass or disable any portion of the Account, Site or associated software including, without limitation, the blocking of cookies, you are in violation of the Agreement and DHC may suspend or terminate your use of the Site and/or Account without notice. Termination of your applicable Account will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Account is terminated for any reason you will forfeit any and all Cash due and owing to you and you will, thereafter, be unable to access your applicable Account.
14. Accessing Account.
You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services, internet access, browsers, flash, plug-ins) necessary to access the Account and for ensuring that such equipment and services are compatible with DHC’s requirements.
You agree to indemnify and hold DHC, its parents and subsidiaries and affiliates, and each of their respective members, managers, officers, directors, employees, agents, advertisers, licensors partners, and related and affiliated parties, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your use of the Site in any manner whatsoever; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of DHC, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, managers, employees, agents, shareholders, licensors, advertisers attorneys and related and affiliated parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
16. Disclaimer of Warranties.
THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OFFERS, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE SITE (AND THE ASSOCIATED DESCRIPTIONS) AND THE ACCOUNT, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DHC MAKES NO WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OFFERS, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE SITE (AND THE ASSOCIATED DESCRIPTIONS) AND THE ACCOUNT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OFFERS, AND/OR ACCOUNT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DHC WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OR FOR ANY FAILURE TO UPDATE THE OFFERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DHC, ANY MEMBER, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
17. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DHC SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OFFERS, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE SITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE ACCOUNT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR CONTENT PURCHASED OR OBTAINED FROM OR FEATURED ON THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY FAILURE TO UPDATE THE OFFERS; (E) THE CONDUCT OF ANY THIRD PARTY PROVIDER OR ADVERTISER; AND (F) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION CONTAINED HEREIN, THE CONTENT, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE SITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE ACCOUNT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE DHC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF DHC TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OFFERS, ANY PRODUCTS AND/OR SERVICES FEATURED ON THE SITE (AND THE ASSOCIATED DESCRIPTIONS) AND/OR THE ACCOUNT MAY BE BROUGHT BY YOU OR DHC MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DHC. ACCESS TO THE SITE, AND ACCOUNT, WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions DHC’s liability shall be limited to the maximum extent permitted by law.
18. Third-party Websites.
The Account and Site contain links to other websites on the Internet that are owned and operated by third-parties. DHC does not control the information, products or services available on these third-party websites. DHC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by DHC. The inclusion of any link does not imply endorsement by DHC of the applicable website or any association with the website’s operators. Because DHC has no control over such websites and resources, you agree that DHC is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in Offers and/or other third-parties, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that DHC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third-party website or any such dealings or promotions.
DHC is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Site, whether caused by Advertisers or by any of the equipment or programming associated with or utilized in the Site services and such Content does not necessarily reflect the opinions or policies of DHC. DHC is not responsible for any Offers or third party applications that are posted on or through the Site, nor for the goods or services provided by its Advertisers. DHC is not responsible for the conduct, whether online or offline, of any Member or Advertiser. DHC 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 Member communication. DHC 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 or players due to technical problems or traffic congestion on the Internet or on any of the Site services or combination thereof, including any injury or damage to Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall DHC be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any Member activity on or through the Site services, or from the conduct of any Members or Advertisers, whether online or offline. The Site and the Offers are provided “AS-IS” and as available and DHC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DHC cannot guarantee and does not promise any specific results from use of the Site.
19. User Information.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, before a single arbitrator, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association, to be conducted in English, with a written decision and legal reasoning issued by the arbitrator at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. The Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and DHC and governs your use of the Site and/or Account. DHC’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
The Agreement is the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of the Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third-party beneficiaries of the Agreement. The headings of sections or other subdivisions of these Terms and Conditions will not affect in any way the meaning or interpretation of these Terms and Conditions.
The Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and DHC’s successors and assigns. You are not permitted to transfer any rights and/or obligations pursuant to the Agreement without the express written consent of DHC. Any attempt to do so will be null and void and result in the immediate termination of your Account and you will be denied access to the Site. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially, with or without notice, and you hereby consent to such assignment or delegation in advance. We may also substitute, by way of unilateral novation, effective upon notice to you in lieu of DHC’s, any third party that assumes our rights and obligations under this Agreement.
DHC may provide notices to Members and users by posting notices or links to notices on the Site. Notices to Members may also be made via e-mail, regular mail, overnight courier or facsimile at the Member’s contact addresses of record as set forth by that party on the Application. If Members wish to provide notice to DHC, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: DealHubCentral 246 Livingston St, Ste. 150 Northvale, NJ 07647. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized DHC personnel.
DHC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any DHC Affiliate shall be deemed legally binding on DHC or any DHC Affiliate, unless documented in a physical writing, hand signed by a duly appointed officer of DHC.
21. Waiver of Punitive Damage Claims and Class Actions.
Member and DHC both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity
22. How to Contact Us.
Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Terms and Conditions or the practices of DHC, please feel free to contact us at contactUs@DealHubCentral.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.