Welcome to www.dealstosell.com! These terms and conditions are applicable to your access and use of the website. This document is a legally binding agreement between you as the user(s) of the website (referred to as “you”, “your” or “User” hereinafter) and the dealstosell.com entity listed in clause 2.1 below (referred to as “we”, “our” or “dealstosell.com” hereinafter).
Application and Acceptance of the Terms1) Your use of the website and dealstosell.com services, is subject to the terms and conditions contained in this document as well as the Privacy Policy, and any other rules and policies of the website that dealstosell.com may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing the website or using the Services, you agree to accept and be bound by the Terms. Please do not use our services or the website if you do not accept all of the Terms.
2) You acknowledge and agree that dealstosell.com may amend any Terms from time to time by posting the relevant amended and restated Terms on the website. By continuing to use of our Services or the website, you agree that the amended Terms will be applied to you.
3) You may be required to enter into a separate agreement, whether online or offline, with dealstosell.com for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
Provision of Services1) You must register as a member on the website in order to access and use our Services. Further, dealstosell.com reserves the right, without prior notice, to restrict access or use of certain Services (or any features within the Services) to Users or subject to other conditions that dealstosell.com may impose in our discretion.
2) Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for the Users. Dealstosell.com may in our sole discretion limit, deny, or create different levels of access to and use of any Services (or any features within the Services) with respect to the different Users.
Users Generally1) As a condition of your access to and use of the website or Services, you agree that you will comply with all applicable laws and regulations when using the website or Services.
2) You agree to use the website or Services solely for your own private and internal purposes. You agree that:
3) You must read dealstosell.com Privacy Policy which governs the protection and use of personal information about Users in the possession of dealstosell.com. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
Member Accounts1) User must be registered on the website to access or use the Services (a registered User is also referred to as a “Member” below). Except with dealstosell.com approval, one User may only register one member account on the website. Dealstosell.com may cancel or terminate a User’s member account if dealstosell.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Dealstosell.com may reject the User’s application for registration for any reason.
2) Upon registration on the website, Dealstosell.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
3) A set of Member ID and Password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and Password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID, or Password by another person outside of the Member’s own business entity. Member agrees to notify dealstosell.com immediately if you become aware of any unauthorized use of your Member ID and Password or your account or any other breach of security of your account.
4) Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
5) Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to dealstosell.com or other Users of the website. Member shall indemnify dealstosell.com, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. Member also agrees that in case of the multiple uses of your account or Member’s failure to maintain the security of your account, Dealstosell.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
Member’s Responsibilities1) Each Member represents, warrants and agrees that:
2) Upon becoming a Member, you consent to the inclusion of the contact information about you in our Buyer Database and authorize dealstosell.com to share the contact information with other Users or otherwise use your personal information in accordance with our Privacy Policy.
3) Each Member represents, warrants, and agrees that
4) Each Member further represents, warrants and agrees that the User Content that you submit, post, or display shall:
5) Each Member further represents, warrants, and agrees that you shall:
6) If Member provides a business referee, Member represents, warrants, and agrees that you have obtained all necessary consents, approvals, and waivers from your business partners and associates to
7) Member agrees to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for dealstosell.com provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service dealstosell.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension, or termination.
8) Member acknowledges and agrees that dealstosell.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained, or accessible through the Services or Sites. Dealstosell.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
9) Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
10) Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
Breaches by Members1) Dealstosell.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post, or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject dealstosell.com to liability or is otherwise found inappropriate in dealstosell.com opinion.
2) If any Member breaches any Terms or if dealstosell.com has reasonable grounds to believe that any Member is in breach of any of the Terms, Dealstosell.com shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Dealstosell.com shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Dealstosell.com. The penalties that Dealstosell.com may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Dealstosell.com may consider appropriate in our sole discretion.
3) Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
4) Dealstosell.com reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Dealstosell.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Dealstosell.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Dealstosell.com for such disclosure.
5) Dealstosell.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if dealstosell.com has received notice that the Member is in breach of any agreement.
6) Each Member agrees to indemnify Dealstosell.com, directors, employees, agents, and representatives and to hold them harmless, from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) that may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
7) Each Member further agrees that Dealstosell.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive, or illicit material and that the risk of damage from such material rests entirely with each Member. Dealstosell.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Dealstosell.com in asserting any available defenses.
Limitation of Liability1) To the maximum extent permitted by law, the services provided by dealstosell.com on or through the website are provided "as is", "as available" and “with all faults”, and dealstosell.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded to the maximum extent permitted by law.
2) Dealstosell.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness, or on updates of any information provided on or through the website. Dealstosell.com does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the sites does not violate any third-party rights. Dealstosell.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the website.
3) Any material downloaded or otherwise obtained through the website is done at each User's sole discretion and risk and each User is solely responsible for any damage to Dealstosell.com computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Dealstosell.com or through or from the Sites shall create any warranty not expressly stated herein.
4) The website may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Dealstosell.com be held liable for any such services or products.
5) Each User hereby agrees to indemnify and save Dealstosell.com, our affiliates, directors, officers, and employees harmless, from any and all losses, claims, and liabilities (including legal costs on a full indemnity basis) that may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Dealstosell.com, directors, officers, and employees harmless, from any and all losses, damages, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Dealstosell.com
6) Each User hereby further agrees to indemnify and save Dealstosell.com, directors, officers, and employees harmless, from any and all losses, damages, claims, and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that Dealstosell.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material and that the risk of damages from such material rests entirely with each User. Dealstosell.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Dealstosell.com in asserting any available defenses.
7) Dealstosell.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
1) Under no circumstances shall Dealstosell.com be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Intellectual Property Rights1) Dealstosell.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the Sites and Site Content shall remain with Dealstosell.com, licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Dealstosell.com are hereby reserved.