Effective as of March 2011
INTRODUCTION
DealJourney.com provides an exciting interactive promotional online service operated by ML Capital Group, LLC on the World Wide Web on the Internet (the “Web”), consisting of information services, content and transaction capabilities provided and facilitated through DealJourney.com, affiliates of DealJourney.com and other third parties including restaurants and merchants (collectively “Merchants”) offering gift cards, coupons, gift certificates, and/or vouchers to be exchanged for goods and services from such Merchants or restaurants. DealJourney.com will negotiate an offer from a Merchant, available for a limited time, for goods and services at a discounted rate from the retail price through a gift card, coupon, gift certificate or voucher. You can accept the offer (as long as the offer is still available and not otherwise “expired”) by purchasing the discounted gift card, coupon, gift certificate or voucher and enjoy the savings. By using and opening an account with DealJourney.com you agree to be bound by the terms and conditions contained herein (the "Terms and Conditions") and following which are incorporated by reference herein: term of service (the "Terms of Service") and our privacy policy located at www.dealjourney.com/default/privacy_detail (collectively the "Agreements") which govern your use of this website, including any content, information, products or Services offered or provided herein. Please read and review the following agreement carefully. If you do not accept and do not agree to be bound by the Agreements, please do not access or use the Site. You will be required to accept these terms of service and the Agreements before becoming a member.
By accessing and using the Site, you accept and agree to be bound by and comply with these Terms and Conditions and Terms of Service and our Privacy Policy. The terms "DealJourney.com ", "us", "we" and in the alternative "our" refer to DealJourney.com, the owner and operator of the Site, and any affiliates, parents, or subsidiary corporations. The term "you", "your" and or "customers" refers to the person accessing or using the Site, or the company or organization on whose behalf that person accesses the Site. This is a legally binding agreement between you and DealJourney.com and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "DealJourney.com Users").
DealJourney.com contains links to third party Web sites that are maintained, operated and owned by other content providers. Therefore, DealJourney.com does not assume responsibility regarding the content, practices, policies or accuracy of materials on such third-party website or the companies that own them. Consequently, we do not have editorial control over any third party website. These links are provided solely as a convenience to you and are not endorsed by DealJourney.com. By using DealJourney.com you expressly relieve us from and waive any and all liability arising from your use of any third party website or receipt of services from any third party.
DealJourney.com hereby grants you permission to use the Site and the Services in accordance with these Agreements, provided that: (1) your use of the Site and Services, as applicable, are solely for your personal use; (2) you will not copy or distribute any part of the Site or Services in any manner inconsistent with these Terms and Conditions without DealJourney.com's prior written consent; (3) you will not alter or modify any part of the Site other than providing your own user generated content; (4) you provide accurate and complete information when creating an account; (5) refrain from posting or transmitting any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (6) do not post or transmit advertising or solicitation with respect to products or services without DealJourney.com's written authorization; (7) refrain from using the communication systems provided by or contacts made on DealJourney.com for any commercial solicitation purposes; (8) refrain from collecting any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes or purposes which would violate privacy laws in your jurisdiction; (9) acknowledge you are solely responsible for the activity that occurs while signed in to or while using DealJourney.com; (10) acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content; (11) affirm that you own or have the necessary licenses, rights, permissions, and consents to use and authorize DealJourney.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions by you to enable inclusion and use of the submissions across DealJourney.com; (12) grant each DealJourney.com user, whether using DealJourney.com or an application developed via a third-party developer, a non-exclusive license to access your submissions through DealJounrney.com and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through DealJourney.com's functionality and under these Terms of Service; (13) will not upload or post any material that is protected by copyrights or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the express permission from their rightful owner to specifically submit such materials to DealJourney.com; (14) except for the limited right granted to certain search engines, you agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc. that accesses the Site in a manner that sends more request messages to DealJourney.com's servers than a human could reasonably produce; and (15) affirm DealJourney.com has the right to determine whether any of your submissions are appropriate and complies with these Terms of Service, remove any part thereof or all of your submissions, and terminate your account with or without prior notice without penalty.
TERMS OF SERVICE
You’re DealJourney.com Profile
You will need to register by creating an account with DealJourney.com (by registering directly with us) in order to publish Content on the Site. If you choose to create a DealJourney.com account or a DealJourney.com profile with us, you agree to provide only accurate and complete registration information, and you are responsible for keeping that information up-to-date. You are responsible for preventing unauthorized use by any other person or entity using your registration information. After you register, we will issue a personalized and individual account number (an "User ID") to you. Individuals and entities who access the Site or use the Services who have previously been terminated by DealJourney.com may not register for an account, nor may you designate any of those individuals to use your account on your behalf. Please notify us immediately if you become aware that your User ID is being used without permission. We reserve the right to block, restrict, suspend, or terminate your access to the Site in our sole and absolute discretion. We also reserve the right to block, restrict, suspend or terminate your access to the Services in our sole and absolute discretion. Access to the Site is not authorized by any other person or entity using your User ID and you agree to take reasonable steps to prevent unauthorized access. You acknowledge that DealJourney.com relies on User IDs for identification purposes and you agree that you are responsible for any use of your User ID.
Rules and Other Content
DealJourney.com may permit the submission of communications, writings, pictures, videos, and other media (the "Content") by you and other Users and the hosting, sharing, and publishing of such Content. DealJourney.com may also establish categories for Content based on intended use, such as private communications where Content is not shared outside of your or a User's private group profile. You agree that posts are your responsibility and the marking of a post as private or public is in your control, as such, DealJourney.com does not guarantee the privacy of online posts of Content to its Site. You further agree not to revise Content posted by others, and you agree not to post or use any Content in any manner that:
We may disclose your Personal Information (as such information is defined in the Personal Information Protection and Electronic Documents Act) if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas, summonses, or warrants served on us; (b) protect and defend our rights or property, you, or third parties' rights, or (c) prevent or investigate any illegal activity. You hereby consent to us sharing your Personal Information under the circumstances described herein and in our Privacy Policy. You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not and you waive any claim to damages flowing from the viewing or downloading of offensive material contained in Content.
User Conduct
We wish to make our Site and Services a good experience for all of our Users, in this regard you agree not to do any of the following:
Confidentiality and Security
DealJourney.com will use reasonable efforts to maintain the security and integrity of information you provide to us using standard firewalls and internet security systems. However, you acknowledge and agree that DealJourney.com cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur. We agree to notify you of any serious and material breach to our Site's security that may have resulted in an unauthorized disclosure of your Personal Information and to take steps to reclaim or prevent any further unauthorized disclosure of personal information.
User Password Security
We believe that personal privacy issues are important, so we developed a Privacy Policy to explain how we collect, use and disclose information and Content. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy. http://www.dealjourney.com/default/privacy_detail
Other Services
We may also allow access to, or advertise the goods and services of, certain third parties from which you may purchase certain goods or services or Deals (as defined herein) related to good and services from these third parties ("Merchants"). You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer. We are not a party to the transactions entered into between you and Merchants. Vendors and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Site are accurate and comply with applicable laws.
Terms of Sale
DealJourney.com provides Users with opportunities to experience products and services from Merchants in their area at discounts (a "Deal"). These can range from vouchers for food at a particular restaurant on stipulated days of the week or vouchers for the purchase of a particular product, and/or at a retailer. Merchants control and select the terms of the Deal that they are willing to provide to a certain number of people. DealJourney.com charges a fee to the Vendor for the use of the Site which is supported in part by your participation. Most Deals have some initial requirements, such as a minimum number of participants (i.e. those Users that have registered for the Deal by providing their credit card number) before we advise you and the other Users that have accepted the Deal that it has been "Released" and that you have the Deal.
By placing an order for a given Deal, you make an offer to us to purchase the Deals you have selected on the terms, restrictions and conditions associated with the Deal (collectively the "Restrictions"), subject to the initial requirements for that Deal being met. The Deal is not yours until we notify you via email that the requisite initial requirements (such as the minimum number of people have signed up) have been met for a given Deal. We will notify you the Deal is yours, provide you with a copy of the Deal terms and conditions, and charge your credit card upon the initial requirements being met. You may revoke your offer at any time prior to the notification being sent to you that the Deal has been "Released" and the initial terms have been satisfied. If initial conditions (e.g. the number of Users signing up for the Deal) are not met, you waive all claims for lost opportunity or damages arising from the initial conditions not being met as these are not under DealJourney.com's control. You will not be billed for Deals that fail to meet the minimum purchase amount.
You are required to create an account in order to purchase any Deal. This is required so we can provide you with easy access to print your Deals, view your past purchases, modify your preferences, and to ensure permissible use of the Deal. Each Deal has specific rules associated with the Deal. All Sales are FINAL unless noted otherwise. In most cases, we don't give refund on any deal purchases, but we will review each transaction on a case by case basis. Anyone who wishes to get a refund on a purchase must submit an email to billing@dealjourney.com within 24hrs. of purchase. No refunds will be given once the deal has started. In addition the following rules apply to specific types of Deals:
Terms and Conditions for Restaurant Deals
Terms and Conditions for Merchant Deals
All Deals printed from the Site are promotional certificates that are offered to you below their face value and shall be honored only in combination with additional consideration and subject to the terms and conditions of DealJourney.com and the participating restaurant or Merchant. Deals do not provide customers with an absolute right to redeem a Deal for its full value without such additional consideration.
The holder and issuer of a restaurant Deal is the restaurant. The holder and issuer of a Merchant Deals is the Merchant. As a holder and issuer of the Deal, the restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer or User, caused in whole or in part by the restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed certificates. Restaurant Deals and Merchant Deals are redeemable in their entirety only and may not be redeemed incrementally. By purchasing a Deal, a customer acquires the right to print a restaurant Deal or Merchant Deals, issued by any one of the numerous participating non-affiliated restaurants and Merchant. Upon completion of such transaction, you acquire that right and have that right delivered to him or her. Whether you choose to print the Deal and redeem the Deal is at your sole discretion. Whether you choose to use the restaurant Deal or Merchant Deals after printing it to get a reduction in price of a meal or a good is at your sole discretion. DealJourney.com and the participating restaurants and Merchant encourage customers to print the Deals and use them at the selected restaurants and Merchant in accordance with the terms and conditions contained therein.
Promotions of the Deal
From time to time we may offer special promotions, contests and/or sweepstakes (each a "Promotion") intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each Promotion and prior to entering the Promotion you will be asked to acknowledge that you have read the rules and agree to them.
Disclaimers of Warranty
YOU AGREE THAT YOUR USE OF DEALJOURNEY.COM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALJOURNEY.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN "AS IS" BASIS. DEALJOURNEY.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA DEALJOURNEY.COM. DEALJOURNEY.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH DEALJOURNEY.COM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DEALJOURNEY.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL DEALJOURNEY.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF DEALJOURNEY.COM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH DEALJOURNEY.COM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA DEALJOURNEY.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DEALJOURNEY.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. DEALJOURNEY.COM IS CONTROLLED AND OFFERED BY DEALJOURNEY.COM FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA AND WE MAKE NO REPRESENTATIONS THAT DEALJOURNEY.COM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE DEALJOURNEY.COM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY VENDORS OR FOR ANY INFORMATION APPEARING ON VENDOR SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL DEALJOURNEY.COM BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY VENDOR.
Termination
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services.
You agree to defend, indemnify and hold harmless DealJourney.com, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to DealJourney.com; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of DealJourney.com.
DealJourney.com reserves the right, but has no obligation, to monitor, or take any action DealJourney.com deems appropriate regarding disputes that you may have with other customers of ours. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from claims related to the conduct of any other customers of ours.
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DEALJOURNEY.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF DEALJOURNEY.COM TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (CND$100.00).
Intellectual Property Issues
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and/or other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement. "DealJourney.com" is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The content on DealJourney.com, excluding all intellectual property of other sites obtained by way of API and linking, is owned by DealJourney.com. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). They are owned or licensed to DealJourney.com, subject to copyright and other intellectual property rights under the United States. Content not owned by DealJourney.com is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to DealJourney.com and the content.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicenses, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask and require you to do the same. If you're a copyright owner or an owner's agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide DealJourney.com with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (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. DealJourney.com's designated Copyright Agent to receive notifications of claimed infringement can be reached at support@dealjourney.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Electronic Communications
The communications between you and DealJourney.com use electronic means, whether you visit the Site or send us emails, or whether DealJourney.com posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from DealJourney.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DealJourney.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement by accessing this Site.
Modification to this Agreement
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, You must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that you agree to such modified Agreement.
General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
These Terms of Service shall be governed by the internal substantive laws of the State of Louisiana for Users or claimants living in the United States. Any claim or dispute between you and DealJourney.com that arises in whole or in part from DealJourney.com's Agreements with you shall be decided exclusively by a court of competent jurisdiction located in the State of Louisiana (for residents of the United States). You agree that prior to initiating any claim or proceeding against DealJourney.com (or its affiliates, partners, officers, directors, employees or subsidiaries) that you shall first provide notice of the complaint, claim, or proceeding in writing to support@dealjourney.com.
These Terms of Service, together with the Privacy Notice at DealJourney.com/privacy and any other legal notices published by DealJourney.com on DealJourney.com, shall constitute the entire agreement between you and DealJourney.com concerning DealJourney.com.
YOU AND DEALJOURNEY.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DEALJOURNEY.COM MUST COMMENCE WITHIN (30) DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, SUBJECT TO THE LAWS OF YOUR JURISDICTION.
You confirm you are legally able to accept these Terms of Service. You affirm that you are either 18 years of age or more, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.