TERMS AND CONDITIONS
TERMS AND CONDITIONS
To better serve you and to clarify our service, we have
drawn up an agreement of our terms and conditions. In order to use our service,
you must read and accept all of the terms and conditions of this agreement and
in the Privacy Policy. If you do not agree to be bound by the terms after you
read this Agreement, you may not use our service.
1. The Service and Terms
DealFrogger.com provides a collection of online resources,
including classified ads and a business directory (referred to hereafter as
"the Service"). The Service is provided by the Top Deals & Sales
Online., and is subject to the following Terms of Use ("Terms"),
which may be updated by the DealFrogger.com. from time to time. The DealFrogger.com
will provide notice of materially significant changes to the Terms by posting
notice on the DealFrogger.com homepage. You must be at least 17 years of age to
use this Service. By using the Service in any way, you are agreeing to comply
with these terms.
2. Content
You understand that all postings, messages, text, files,
images, photos, video, sounds, or other materials ("Content") posted
on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. You are
entirely responsible for all Content that you post or email on the Service. The
DealFrogger.com does not control, and is not responsible for Content made
available through the Service. By using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the DealFrogger.com site and Content available
through the Service may contain links to other websites. The Top Deals &
Sales Online. makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site. Your
linking to any other websites is at your own risk and we recommend that you do
so carefully. The DealFrogger.com will not be liable in any way for any Content
or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service. The DealFrogger.com
does not pre-screen or approve Content, but it has the right (but not the
obligation) in its sole discretion to refuse, delete or move any Content that
is available via the Service, for violating the letter or spirit of the Terms
or for any other reason.
3. Copyrights and Trademarks
Content displayed on or through the Service is protected by
copyright as a collective work and/or compilation, pursuant to copyrights laws,
and international conventions. DealFrogger.com and the DealFrogger.com logo,
icons and marks identifying DealFrogger.com products and services are
trademarks of the DealFrogger.com and may not be used without the written
consent of the Top Deals & Sales Online. You may not copy, reproduce,
distribute, or create derivative works of the Service without Top Deals &
Sales Online' express written authorization. You may not reverse engineer,
decompile, alter, modify, disassemble, or otherwise attempt to derive source
code from the Service. The DealFrogger.com respects the intellectual property
of others and we require that our users do the same. You may not post,
distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information that you do not have legal authorization to use.
4. Notification of Claims of Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please notify the Top Deals & Sales Online' agent
for notice of claims of copyright or other intellectual property infringement
("Agent") by clicking HERE . Please provide our Agent with the
following Notice:
• Identify the copyrighted work or other
intellectual property that you claim has been infringed;
• Identify the material on the DealFrogger.com site
that you claim is infringing, with enough detail so that we may locate it on
the website;
• A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
• A statement by you declaring under penalty of
perjury that (a) the above information in your Notice is accurate, and (b) that
you are the owner of the copyright interest involved or that you are authorized
to act on behalf of that owner;
• Your address, telephone number, and email
address; and
• Your physical or electronic signature.
The DealFrogger.com will remove the infringing posting(s),
subject to the the procedures outlined in the Digital Millennium Copyright Act
(DMCA).
5. Privacy and Information Disclosure
Please review our Privacy Policy. Your use of the DealFrogger.com
website or the Service signifies acknowledgement of and agreement to our
Privacy Policy.
6 . Conduct
You agree not to post, email, or otherwise make available
Content:
• that is unlawful, harmful, threatening, abusive,
harassing, defamatory, pornographic, libelous, invasive of another's privacy,
or harms minors in any way;
• that harasses, degrades, intimidates or is
hateful toward an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
• that impersonates any person or entity,
including, but not limited to, an Top Deals & Sales Online. employee, or
falsely states or otherwise misrepresents your affiliation with a person or
entity;
• that includes personal or identifying
information about another person without that person's explicit consent.
• that is false, deceptive, misleading, deceitful,
or misinformative.
• that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party, or Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships.
• that constitutes or contains "affiliate
marketing," "link referral code," "junk mail,"
"spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement.
• that constitutes or contains any form of
advertising or solicitation if (1) posted in areas of the DealFrogger.com sites
which are not designated for such purposes; or (2) emailed to DealFrogger.com users
who have requested not to be contacted about other services, products or
commercial interests.
• that includes links to commercial services or
web sites, except as allowed in "services".
• that advertises any illegal services or the sale
of any items the sale of which is prohibited or restricted by applicable law,
including without limitation items the sale of which is prohibited or regulated
by California law.
• that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
• that disrupts the normal flow of dialogue with
an excessive number of messages to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
• that employs misleading email addresses, or
forged headers or otherwise manipulated identifiers in order to disguise the
origin of Content transmitted through the Service.
7 . No Spam Policy
You understand and agree that sending unsolicited email
advertisements to DealFrogger.com email addresses or through DealFrogger.com computer
systems, which is expressly prohibited by these Terms, will use or cause to be
used servers located in California. Any unauthorized use of DealFrogger.com computer
systems is a violation of these Terms and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030
et seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
8 . Limitations on Service
You acknowledge that the DealFrogger.com may establish
limits concerning use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service. You agree
that the DealFrogger.com has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service. You
acknowledge that the DealFrogger.com reserves the right at any time to modify
or discontinue the Service (or any part thereof) with or without notice, and
that DealFrogger.com shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
9 . Termination of Service
You agree that the DealFrogger.com in its sole discretion,
has the right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access to or use of
the Service (or any part thereof), immediately and without notice, and remove
and discard any Content within the Service, for any reason, including, without
limitation, if the DealFrogger.com believes that you have violated these Terms.
Further, you agree that the DealFrogger.com shall not be liable to you or any
third-party for any termination of your access to the Service. Further, you
agree not to attempt to use the Service after said termination.
10 . Dealings with Organizations and Individuals
Your interactions with organizations and/or individuals
found on or through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such organizations and/or
individuals. You agree that the DealFrogger.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that the DealFrogger.com is
under no obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release the Top Deals & Sales
Online, its officers, employees, agents and successors in rights from claims,
demands and damages (actual and consequential) of every kind or nature, known
or unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way related to such disputes and / or our service. If you are a
California resident, you waive California Civil Code Section 1542, which says:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which,
if known by him must have materially affected his settlement with the
debtor."
11 . Disclaimer of Warranties
YOU AGREE THAT USE OF THE DEALFROGGER.COM SITE AND THE
SERVICE IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALFROGGER.COM DIS CLAI MS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE DEALFROGGER.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, DEALFROGGER.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE DEALFROGGER.COM SITE OR THE SITES OR
SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DEALFROGGER.COM SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, THE DEALFROGGER.COM DISCLAIMS ANY WARRANTIES
FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DEALFROGGER.COM SITE
OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the foregoing disclaimers may not
apply to you insofar as they relate to implied warranties.
12 . Limitations of Liability
IN NO EVENT SHALL THE DEALFROGGER.COM BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EX EMP LARY DAMA GES ,
RESULTING FROM ANY ASPECT OF YOUR USE OF THE DEALFROGGER.COM SITE OR THE SERV
ICE, WH ETH ER THE DAMA GES ARIS E FROM USE OR MISUSE OF THE DEALFROGGER.COM SITE
OR THE SERV ICE, FROM INAB ILI TY TO USE THE DEALFROGGER.COM SITE OR THE SERV
ICE, OR THE INTERRUPTION, SUSPENSION, MODI FIC ATION, ALTERATION, OR
TERMINATION OF THE DEALFROGGER.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEALFROGGER.COM SITE
OR THE SERVICE OR ANY LINKS ON THE DEALFROGGER.COM SITE, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH
THE DEALFROGGER.COM SITE OR THE SERVICE OR ANY LINKS ON THE DEALFROGGER.COM SITE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdiction, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
13 . Indemnity
You agree to indemnify and hold the DealFrogger.com site ,
its officers, subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs, made by
any third party due to or arising out of Content you submit, post or make
available through the Service, your use of the Service, your violation of the
Terms, your breach of any of the representations and warranties herein, or your
violation of any rights of another.
14 . General Information
The Terms and the relationship between you and the DealFrogger.com
shall be governed by the laws of the State of California without regard to its
conflict of law provisions. You and the DealFrogger.com agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of Alameda,
California. The failure of the DealFrogger.com to exercise or enforce any
right or provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force and
effect.
15 . Violations of Terms
Please report any known violations of the Terms, by clicking
HERE.
