Terms and Conditions

Last Updated: November 4th, 2011.

This is the Terms and Conditions Agreement ("Terms and Conditions" or "Agreement") of DealSpring.com ("DealSpring", or "us", or "we", or "our" ). These Terms and Conditions and our Privacy Policy, incorporated herein by reference, govern your use of our online services, any content or information therein, the DealSpring.com website and any other website pages on which services are provided by us (collectively, the "Site").

By using this Site, you signify your agreement to these terms and conditions and our Privacy Policy, including all changes and revisions to this Agreement and the Privacy Policy. If you do not agree to these Terms and Conditions please do not use this Site. Please read this agreement carefully and check this Agreement periodically for changes as we reserve the right to revise this Agreement. Any modifications we make will be effective immediately upon posting to the Site, and your continued use of this Site following the posting of any changes to the Agreement constitutes your acceptance of such changes. We reserve the right to refuse, restrict, suspend, or terminate any user's use of this Site at any time without notice and may do so for such user's failure to abide by this Agreement or any other terms or conditions posted anywhere on the Site. This Agreement applies to licensors, affiliates and advertisers as well.

THIRD PARTY SITES

You will be transferred to online merchants or other third party sites through links or frames from this Site. We are a directory of other sites and the offers they promote. This Site does not sell any good or service to consumers and nothing on this Site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other websites and from other companies. You are cautioned to read such sites' terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites.

You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. We shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. We do not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the "coupons" and specials listed on this Site. You agree that DealSpring and our licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them.

These other sites are not under our control, are not monitored or reviewed by us, and we are not aware of the contents of such sites. We do not sponsor, endorse, or recommend these sites and make no representations or warranties of any kind with regard to any sites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that we are not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link or frame does not imply endorsement of that site by DealSpring or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience. You should review the terms of use of each website you visit. Linking to any service or site is at your sole risk.

USER SUBMITTED CONTENT

A. DealSpring may permit the submission of communications, including the submission of postings on message boards and comments by DealSpring users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions on DealSpring.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant the following:

I. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by DealSpring and these Terms & Conditions;

II. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by DealSpring and these Terms & Conditions;

III. You retain all of your ownership rights in your User Submissions, however, by submitting the User Submissions to DealSpring, you hereby grant DealSpring a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform sell, edit, and insert, serve or display advertisements in or in close proximity to the User Submissions in connection with DealSpring, including without limitation for promoting and redistributing part or all of DealSpring (and derivative works thereof) in any media format or medium and through any media channels (now known or hereafter developed) and grant each user of DealSpring a non-exclusive license to access your User Submissions through DealSpring, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of DealSpring and under these Terms & Conditions. For the avoidance of doubt, you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to in writing by the parties;

C. In connection with User Submissions, you agree that you will not:

I. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DealSpring all of the license rights granted herein;

II. Publish misrepresentations that could damage DealSpring or any third party;

III. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

IV. Post advertisements or solicitations of business;

V. Impersonate another person or entity, whether actual or fictitious. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on our Site, and we will remove all Content and User Submissions if properly notified in writing that such Content or User Submission infringes on another's intellectual property rights. We reserve the right, in our sole discretion, to remove Content and User Submissions without prior notice. We will also terminate a user's access to our Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from DealSpring more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at our sole discretion;

D. If you are a copyright owner or an agent thereof and believe that any submission on DealSpring's website or any other content on DealSpring infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing:

I. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

II. 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; (iii) 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;

IV. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

V. 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;

VI. 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.

Address:
Attn: DealSpring Copyright Agent
8466 N Lockwood Ridge Road Ste 143
Sarasota, FL 34243

E. You understand that when using DealSpring, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

PERSONAL AND LAWFUL USE ONLY

Unless otherwise specified, the Site and our services are intended for your personal, noncommercial use only. You agree to use the Siteand our services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, cataloguing, aggregating, or otherwise) our content or other material obtained through the Site, except as permitted by the Copyright Act or other law and as expressly permitted in writing by this Agreement or DealSpring.

YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use the Site, he or she should email us with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing DealSpring from any country where any of our material is prohibited or illegal, please stop using the Site immediately as you do not have permission to access this Site.

YOUR REPRESENTATIONS AND WARRANTIES

By using the Site, you represent and warrant that you are at least 18 years old, you have read and agree to abide by this Agreement, you have read and agree to our Privacy Policy, any information you submit is truthful and accurate, and your use of the Site does not violate any applicable law or regulation.

LICENSE TO USE THIS SITE

Upon your agreement to this Agreement, we hereby grant you a non-exclusive, non-transferable limited license to use this Site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Site. You agree not to make any false or fraudulent statements in your use of or to gain access to this Site. You acknowledge and agree that all content and services available on this Site are property of DealSpring and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by DealSpring and its advertisers and licensors.

PRIVACY

Use of the Site is further governed by our Privacy Policy, which is incorporated into this Agreement by reference.

DISCLAIMER OF WARRANTIES

DealSpring AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

DealSpring AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

DealSpring AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DealSpring OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DealSpring OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN 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.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DealSpring, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site. DealSpring reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.