Terms of Service



 

 

Dealbot Web Site Agreement

 

 

The Dealbot Web Site (the “Site”) is an online information
service provided by Dealbot (“Dealbot “),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. Dealbot MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Dealbot, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
Dealbot a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Dealbot by all
means and in any media now known or hereafter developed. You also
grant to Dealbot the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
Dealbot for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Dealbot.

TrafficServer 1.01

TRADEMARKS.

Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
Dealbot. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.

2. Use of the Site.

You understand that, except for information, products or services
clearly identified as being supplied by Dealbot,
Dealbotdoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for
Dealbot-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
Dealbot a. You also understand that
Dealbot cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. Dealbot PROVIDES THE SITE AND
RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Dealbot SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Dealbot DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
Dealbot HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY
IN NO EVENT WILL Dealbot BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Dealbot OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Dealbot LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.

Dealbot makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-Dealbot web site, please
understand that it is independent from Dealbot, and that
Dealbot has no control over the content on that web site. In
addition, a link to a Dealbot web site does not mean that
Dealbot endorses or accepts any responsibility for the content,
or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Dealbot, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Dealbot and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between Dealbot and you for any purpose
concerning this Agreement or the parties’ obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. Dealbot’s failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. Dealbot may assign
its rights and duties under this Agreement to any party at any time
without notice to you.

Any rights not expressly granted herein are reserved.


Additional Terms

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials
    (information or software) on Dealbot / Easy Marketing Inc.’s web site for personal,
    non-commercial transitory viewing only. This is the grant of a license,
    not a transfer of title, and under this license you may not:
  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Dealbot / Easy Marketing Inc.’s web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.

 

  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dealbot / Easy Marketing Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Disclaimer

  1. The materials on Dealbot / Easy Marketing Inc.’s web site are provided “as is”. Dealbot / Easy Marketing Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Dealbot / Easy Marketing Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Dealbot / Easy Marketing Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Dealbot / Easy Marketing Inc.’s Internet site, even if Dealbot / Easy Marketing Inc. or a Dealbot / Easy Marketing Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Dealbot / Easy Marketing Inc.’s web site could include technical, typographical, or photographic errors. Dealbot / Easy Marketing Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Dealbot / Easy Marketing Inc. may make changes to the materials contained on its web site at any time without notice. Dealbot / Easy Marketing Inc. does not, however, make any commitment to update the materials.

6. Links

Dealbot / Easy Marketing Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Dealbot / Easy Marketing Inc. of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Dealbot / Easy Marketing Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Dealbot / Easy Marketing Inc.’s web site shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

9. Other Terms

I understand that my Dealbot Campaign setup will begin today and I my mailings will begin in the very near future.  I also understand:

  • My mailings will be mailed on Fridays so that they will hit mailboxes on Mondays and I will begin receiving leads that day.
  • My campaign will only be run each week if my mail credits balance is equal to or greater than my weekly mailing amount at 9PM ET each Wednesday night.
  • I can only change my target zip codes as often as every 5 weeks, subject to availability of my newly desired zip codes.
  • It is up to me to follow up with the leads generated by my mailings in a timely and consistent manner, so as to maximize my opportunity.
  • It is up to me to negotiate and close deals with each lead as I see fit. 
  • I may cancel my account without penalty at any time.
  • I authorize my credit card or paypal account to be charged the monthly dues indicated above at the time of authorization and every month thereafter until I cancel, and the pay-per-mailer price at the time I purchase mail credits in advance of my mail being sent.
  • I understand that Dealbot may modify any and all pricing, with notice, in the sole discretion of Dealbot.
  • I agree to keep any knowledge I might gain of Dealbot’s trade secrets, copy, or any other methodology, and any intellectual property under strict confidentiality and non-disclosure, and I will never use it to compete with Dealbot, or reverse engineer a similar service or campaign whether for my own use, my company’s use, or use by any other entity. Violators will be prosecuted to the fullest extent of the law.
  • Refund Policy: For setup fees and monthly membership fees, unfortunately there are no refunds. For purchases of mail credits, there are no refunds, however, we will buy back any unused mail credits within 30 days after purchase at the price you paid for them. If we are running a mailing(s) for you between the time you purchased the credits and the time you want us to buy them back from you, we must wait until your mailing-week is completed and your Mail Credit balance will be debited for any mailers that are sent before we buy the credits back from you.
  • If I cancel my account, I may request a refund for any unused mail credits, less a handling fee equal to 10% of the amount being refunded, or $10, whichever is greater. The refund must be requested within 30 days of the purchase of the mail credits.
  • Dealbot reserves the right to cancel any client account for any reason at any time with or without notice, and without any penalty to Dealbot, or refund whatsoever.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.