This Terms of User Agreement (“Agreement”) constitutes a legally binding agreement between you, whether personally or on behalf of an entity ("User," "you," "your," or "yourself") and PriceTrace LLC (“Dealmoon”, “we” or “us”) and governs your use and access to
www.dealmoon.com and other affiliated social media accounts owned by Dealmoon at Sina Weibo, Facebook, Twitter, Renren, Weixin, etc. and any other websites, mobile and other applications, or services that post a link to this Agreement and the information, forums, content and services that Dealmoon owns, controls or makes available therein (collectively “Sites and Forums”), whether as a guest or a registered user.
By accessing or using the Sites and Forums or by clicking “Accept” or “Agree” to this Agreement when this option is made available to you, you accept and agree to abide by the terms of this Agreement.
I. AGE RESTRICTION
By accessing or using any of the Sites and Forums, you represent and warrant that you are 13 years of age or older. If you do not meet this requirement, you must not access or use any of the Sites and Forums under any circumstances and should not send any information about yourself to us through the Sites and Forums.
II. ACCOUNTS
User may use Dealmoon Sites and Forums without registering a user account. In order to use certain services on the Sites and Forums, User will need to create an account. All the information User provides when User creates the account must be true, accurate, current and complete. User is responsible for all activities in User’s account as well as the security and protection of login information and passwords.
To be eligible to use or access Dealmoon Sites and Forums, you must meet the following criteria and you hereby represent and warrant that you:
(1) are thirteen (13) years of age or older;
(2) are not currently restricted from our services, or not otherwise prohibited from having an Dealmoon account;
(3) are not a competitor of Dealmoon or are not using the account for reasons that are in competition with Dealmoon;
(4) have full power and authority to enter into this Agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other agreement to which you, or the person or entity you are representing, is a party;
(5) will not violate any rights of Dealmoon, including intellectual property rights such as copyright or trademark rights;
(6) will not violate any of the terms of this Agreement; and
(7) agree to provide at your cost all equipment, software, and internet access necessary to use Dealmoon Sites and Forums or your account.
By using any of the Sites and Forums, you also agree that you are not acting as an agent, representative, or independent contractor of Dealmoon and that you expressly deny that you have created any such relationship.
III. RULES FOR POSTING MESSAGES ON SITES AND FORUMS
To post messages on Dealmoon Sites and Forums, User must register as a unique user name. Duplicate user names are not allowed, so if the name that User entered is already in use, User will be prompted to choose another one.
Dealmoon, at its own discretion and without notice, may bar registration from any specific email service or ISP for any reason. Any message posted on any of the Sites and Forums, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of Dealmoon or any person or entity associated with it.
User agrees that he or she is entirely responsible for the content of, and any harm resulting from, your postings to any of the Sites and Forums. Accordingly, neither Dealmoon, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on Sites and Forums.
User agrees by posting or contributing content to the Dealmoon Sites and Forums, represents and warrants that he or she is not and shall not be in violation of the terms and conditions of any third-party coupon website.
User agrees that User will not use the Sites and Forums to post any material, or links to any material, or to attach files, which include materials that:
a) infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
b) does not fully comply with any third-party licenses relating to your content and that you have done all things necessary to successfully pass through to viewers any required terms;
c) are obscene, lewd, lascivious, filthy, excessively violent, hateful, harassing or otherwise objectionable, libelous or slanderous, incite, encourage or threaten immediate physical harm against another, violate any applicable law, regulation, or rule, and/or violate the privacy or publicity rights of any third party;
d) solicit personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and violates any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
e) violate any state or federal law or regulation designed to regulate electronic advertising;
f) amounts to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
g) contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
h) inundates the Sites and Forums with communications or other traffic suggesting no serious intent to use the website for its stated purpose;
i) if your employer has rights to the intellectual property you posted, unless you have either (i) received permission from your employer to make available the posting, or (ii) secured from your employer a waiver as to all rights in or to your posting;
j) constitutes, contains, installs or attempts to install or promotes spyware, malware or other computer code, whether on Dealmoon’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of Dealmoon or another party;
(k) otherwise violate any provision of this Agreement or any applicable law or regulation; and
(l) contain any copyrighted material without the express permission from the owner of the copyrighted material, unless such copyright is owned by User or Dealmoon.
User hereby grants Dealmoon a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit, and otherwise use content and information User posts on Dealmoon Sites and Forums for any purpose and in any media now known or hereinafter developed.
User expressly agrees that Dealmoon is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication User sends to Dealmoon without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Dealmoon reserves the right to delete any message for any reason whatsoever, at Dealmoon’s sole discretion. User agrees that User is solely responsible for the content of User’s messages, and any harm resulting therefrom and that User will indemnify and hold harmless Dealmoon and its agents and employees with respect to any claim based upon the appearance and/or transmission of User’s posting(s). User also agrees to pay Dealmoon its reasonable attorneys’ fees incurred in defending against any claims made against Dealmoon arising out of or relating to the appearance and/or transmission of any of User’s posting(s).
IV. OFFERS BY THIRD PARTIES
Dealmoon provides online coupons as a free service to its Users. Accordingly, User will find third party coupons, deals, advertisements, promotions and other offers on the Sites and Forums (collectively "Offers" or individually an “Offer”). Offers are for products and services provided by third parties (each, a "Seller"), and if User chooses to accept an Offer, the transaction will be between User and the Seller. Dealmoon is not a party to, or in any way responsible for, User’s transaction with a Seller.
Before User purchases a product or service or otherwise accepts an Offer, please read the entire description of the Offer, including the fine print and any additional terms and conditions set forth on the Seller’s website. Users are responsible for understanding what User is buying and for following the Seller’s instructions. The terms and conditions of an Offer, including refund and cancellation policies, are governed by the Seller’s policies. Dealmoon has no control over the Seller’s policies. Dealmoon is not responsible for User’s transaction with the Seller in any event. Please contact the Seller directly for questions regarding the Offer or User’s transaction with the Seller.
Moreover, Dealmoon is not responsible for the redemption, errors/omissions, or expiration of online coupons and it is User’s responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of a Seller. Dealmoon is not responsible for fulfilling any Offer.
All Offers and promotions on the Sites and Forums are subject to change without notice.
Dealmoon has no control over the legality of any Offers made by Seller, the ability of any Seller to complete the sales in accordance with any Offers, or the quality of the goods offered by a Seller. Dealmoon has no control over whether a Seller will honor any Offer shown on Sites and Forums, and does not guarantee the accuracy or completeness of the information contained on Dealmoon’s Sites and Forums or the Seller’s websites.
In the event User has a dispute with a Seller in any way relating to the Sites and Forums or the use of information from the Sites and Forums, User agrees to waive and release Dealmoon from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
V. DEALMOON PROGRAMS
From time to time, Dealmoon may create gift cards, loyalty or other marketing programs, or contests for the benefits of its users (referred to hereafter individually as a “Program” or collectively as “Programs”). The use of or registration for any of the Programs constitute acceptance of this Terms of User Agreement and any additional specific terms and conditions that may apply to each specific program.
Dealmoon has the unilateral right to discontinue, or change from time to time or at any time, any of the Programs without prior notice. Be sure to check the individual Program terms periodically for updates, as your continued participation in the any Program signifies your acceptance of any changed terms and conditions.
VI. GENERAL PROVISIONS
1. Restrictions and Prohibited Activities
You agree that you will not:
(a) conduct or participate in criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, or stalking;
(b) advertise to, or solicit any user to buy or sell any products or services;
(c) transmit chain letters or junk email to other users;
(d) use any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(e) engage in any automated use of the system, such as using scripts to add friends or send comments or messages;
(f) interfere with, disrupt, or create an undue burden on any of the Sites and Forums or the networks or services connected thereto;
(g) attempt to impersonate another user or person;
(h) use the username of another user;
(i) sell or otherwise transfer your profile;
(j) use any information obtained from the website in order to harass, abuse, or harm another person;
(k) scan, scrape, harvest, monitor or copy any information from any of the Sites and Forums for data gathering purposes in an effort to track sales, usage, aggregate Offer information, pricing information, coupon codes, or similar data;
(l) use the website in a manner inconsistent with any and all applicable laws and regulations;
(m) collect any content from the Sites and Forums, including without limitation, collecting, copying, or aggregating coupon codes or deals, and providing such content to third parties in a manner that diverts traffic from Dealmoon's Sites and Forums without Dealmoon's express written permission;
(n) interfere with the proper operation of or any security measure used by any of the Sites and Forums;
(o) infringe any intellectual property or other right of Dealmoon or any third party;
(p) use any of the Sites and Forums in a way that depletes web infrastructural resources, slows the transferring of loading of any web page, or interferes with the normal operation of them;
(q) submit any content that is purposely inaccurate, fraudulent, or falsifies information in connection with your Dealmoon account or to create multiple Dealmoon accounts;
(r) use the Sites and Forums or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Dealmoon; or
(s) otherwise violate the terms of this Agreement.
2. Disclaimers and Limitations on Liability
THE SITES AND FORUMS, AND THEIR RESPECTIVE CONTENTS, AND EACH THIRD PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE, ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEALMOON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, INFORMATION PROTECTION, QUIET ENJOYMENT AND ALL IMPLIED WARRANTIES INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
DEALMOON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THE SITES AND FORUMS IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT DELAMOON OR ANY OF ITS PRODUCTS OR SERVICES. DEALMOON UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OF SUCH INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THERFORE STRICTLY AT YOUR OWN RISK.
EVERY EFFORT IS MADE TO KEEP THE SITES AND FORUMS UP AND RUNNING SMOOTHLY. HOWEVER, DEALMOON TAKES NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR ANY OF THE SITES AND FORUMS BEING UNAVAILABLE.
USER ALSO AGREES THAT DEALMOON WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN USER AND ANY SELLER, AND USER HEREBY EXPRESSLY WAIVES ANY SUCH CLAIM AGAINST DEALMOON AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. DEALMOON DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLER OR SUPPLIERS. DEALMOON DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO SITES AND FORUMS WILL BE UNINTERRUPTED OR ERROR-FREE, AND DEALMOON ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY USER’S ACCESS, OR INABILITY TO ACCESS, SITES AND FORUMS, INCLUDING, BUT NOT LIMITED TO, USER’S INABILITY TO RECEIVE DISCOUNTS OR APPLY COUPONS BY PURCHASING ITEMS WITH A PARTICIPATING SELLER.
IN NO EVENT, SHALL DEALMOON BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE OR USE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (i) USER’S USE OF OR INABILITY TO USE ANY OF THE SITES AND FORUMS; (ii) ANY ACT OR OMISSION BY DEALMOON IN ADMINISTERING ANY OF THE SITES AND FORUMS; (iii) ANY CONTENT FOUND ON ANY OF THE SITES AND FORUMS (iv) A THIRD PARTY’S UNATUHROIZED ACCESS TO YOUR INFORMATION OR (v) THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF SELLERS OR SUPPLIERS, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR DEALMOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL THE TOTAL LIABILITY OF DEALMOON OR ANY OF THEIR OWNERS, OFFICERS, MEMBERS OR EMPLOYEES TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, EXPENSES, ATTORNEYS FEES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (i) USER’S USE OF OR INABILITY TO USE ANY OF THE SITES AND FORUMS; (ii) ANY ACT OR OMISSION BY DEALMOON IN ADMINISTERING ANY OF THE SITES AND FORUMS; (iii) ANY CONTENT FOUND ON ANY OF THE SITES AND FORUMS (iv) A THIRD PARTY’S UNATUHROIZED ACCESS TO YOUR INFORMATION OR (v) THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF SELLERS OR SUPPLIERS, EXCEED THE GREATER OF (A) THE PRICE YOU PAID TO USE OR ACCESS ANY OF THE SITES AND FORUMS OR (B) $100.00.
YOU AGREE THAT NO SUIT, CLAIM OR CAUSE OF ACTION FOR BREACH OF THIS AGREEMENT MAY BE BROUGHT BY YOU UNLESS SUCH SUIT, CLAIM OR ACTION IS BROUGHT WITHIN TWO YEARS AND ONE DAY AFTER THE CAUSE OF ACTION FOR BREACH OF THIS AGREEMENT ACCRUES. YOU ALSO AGREE THAT NO OTHER CLAIMS OR CAUSES OF ACTION THAT RELATE TO OR ARISE OUT OF THIS AGREEMENT OR THE COMPANY’S BUSINESS RELATIONSHIP WITH YOU MAY BE BROUGHT BY CLIENT AGAINST COMPANY UNLESS SUCH CLAIM OR CAUSE OF ACTION IS BROUGHT WITHIN ONE YEAR OF THE DATE THE CLAIM OR CAUSE OF ACTION ACCRUES.
3. Indemnity
USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DEALMOON, ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST ANY ACTUAL OR THREATENED DEMANDS OR ANY KIND OR NATURE, LAWSUITS, ARBITRATIONS, CIVIL OR CRIMINAL LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, JUDGMENTS, AND EXPENSES INCLUDING COURT COSTS, EXPERT FEES, AND ATTORNEYS’ FEES MADE, OR ASSERTED, AGAINST THEM BY ANY THIRD PARTY DUE TO, ARISING OUT OF, OR IN CONNECTION WITH (i) USER’S USE OR ACCESS OF THE SITES AND FORUMS; (ii) MATERIALS PROVIDED TO DEALMOON BY YOU; (iii) YOUR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT AND (iv) ANY REPRESENTATIONS YOU MADE TO DEALMOON.
YOU SHALL CONDUCT ANY DEFENSE WITH DUE DILIGENCE AND IN GOOD FAITH WITH COUNSEL SATISFACTORY TO DEALMOON. SHOULD YOU BREACH YOUR DEFENSE OR INDEMNITY OBLIGATIONS, AND FAIL TO CURE SUCH BREACH AFTER WRITTEN NOTICE, DEALMOON MAY AT YOUR SOLE COST AND EXPENSE ASSUME THE DEFENSE AND DEFEND OR SETTLE THE ENTIRE CLAIM.
4. Amending the Agreement
Dealmoon may change the terms of this Agreement from time to time by posting them to this page. Any changes will be effective immediately at the time of posting. Your continued access or use of the Sites and Forums is your acceptance and agreement to be bound by the revised and updated agreement. Accordingly, you should check the terms of this Agreement regularly to determine if this agreement has been modified or changed. You may also accept the terms of any revised and updated Agreements by clicking “Accept” or “Agree” to the revised agreement if this option is made available to you. If you do not want agree to any modification to the Agreement, you shall immediately terminate your User name, password and registration and stop using your account.
5. Compliance with Laws and Regulations
User agrees to comply with all applicable laws, rules and regulations. User may participate in Sites and Forums if and to the extent that such participation is permitted by such laws, rules and regulations. Dealmoon may refuse to enroll, or restrict, modify or terminate the username, password and registration without liability to User or to any other third party if User violates any law, rule or regulation, or if User’s participation could raise the concern of violating any law, rule or regulation, or the terms of this Agreement.
6. Proprietary Rights to Content
User acknowledges that the Sites and Forums content, including but not limited to: text, sounds, photographs, graphics, user interfaces, trademarks, logos, video, artwork, computer code, or other material contained in any communication, advertisements or messages, whether by Dealmoon or Dealmoon’s advertisers, Seller or affiliated merchants, and service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. User is only permitted to use content, service, or software as expressly authorized by Dealmoon, its advertisers, Seller and affiliated merchants, as the case may be. User acknowledges that all the intellectual property rights in the Sites and Forums are owned by Dealmoon or Dealmoon’s licensors. Access or use of the Sites and Forums does not transfer to User or any third party any rights, title or interest in or to such intellectual property rights.
7. No Right to Copy Site
No part or content of the Dealmoon Sites and Forums may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercial purpose, without Dealmoon's express prior written consent.
8. Use of Third Party Links Some links on the Dealmoon Sites and Forums will redirect you to third-party sites. These sites are not managed or controlled by Dealmoon and you therefore access them at your own risk. The appearance of a link on the Sites and Forums do not constitute an endorsement by Dealmoon and Dealmoon is not responsible for the content found on any linked site.
9. Credit Card Notice
Dealmoon has financial relationships with some of the credit card issuers’ affiliated programs mentioned on Sites and Forums and may be compensated if consumers choose to apply for such cards through its links in the content, and ultimately sign up for them. The related content posted by Dealmoon on Sites and Forums is not provided or commissioned by the credit card issuers. The related opinions expressed by Dealmoon on Sites and Forums are not from the credit card issuers and have not been reviewed, approved or otherwise endorsed by the credit card issuers.
10. Suspension and Termination
Dealmoon retains the right, at its sole discretion, to terminate your authorization to access or use the Sites and Forums or to terminate your account at any time and for any reason. Possible reasons for terminating your authorization to access or use the Sites and Forums or suspend or terminate your account may include, but is not limited to, if you violate any terms of this Agreement, if you cause liability to other users of the Sites and Forums, if you do not use your account, or if your account is inactive for twenty-four (24) consecutive months or if the account has been associated with any questionable activity.
11. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules, and User irrevocably consents to exclusive jurisdiction and venue in the courts and arbitration located in Collin County, Texas for all matters or actions arising out of, related to or in any way connected with this Agreement or User’s access or use of the Sites and Forums. Furthermore, you hereby agree to waive any right to contest venue or personal jurisdiction in Collin County, Texas.
12. Severability of Provisions
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement is to be enforced to the fullest extent permissible by law. If any provision of this Agreement is determined in any proceeding binding upon the parties to be invalid or unenforceable, then that provision shall be deemed severed from the remainder of the Agreement, and the remaining provisions of the Agreement shall continue in full force and effect.
13. Incorporation of other terms and conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites and Forums, including contests, promotions, or other similar features, all of which terms are made a part of the terms of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between the terms of this Agreement and the terms posted for or applicable to a specific portion of the Sites and Forums or for any service offered on or through the Sites and Forums, the latter terms shall control with respect to your use of that portion of the Sites and Forums or the specific service. Dealmoon's obligations, if any, with regard to its products and services are offered solely by the agreement pursuant to which they are provided, and nothing on the Dealmoon Sites and Forums shall be construed to alter such agreements.
14. Assignment
This Agreement shall inure to the benefit of and be binding upon any successor to or assignee, transferee, or purchaser of Dealmoon whether by contract, merger, or operation of law. Dealmoon in its sole discretion and without notice to you has the right to assign any and all rights and obligations under this Agreement to a third party. You shall not assign this Agreement without Dealmoon’s prior written permission. Any attempted assignment or delegation in contravention of this provision shall be void and ineffective.
15. Arbitration and Class Action Waiver
Any controversy or claim arising out of or relating to the terms of this Agreement or Dealmoon's Privacy Policy (including any claimed breach thereof) shall be settled by mandatory arbitration in accordance with the laws of the Federal Arbitration Act before a single arbitrator. If Dealmoon and User cannot agree on the appointment of an arbitrator, then such arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Other than the initial filing fees to be paid by the person or entity bringing the Arbitration, the costs of the arbitration shall be split 50/50; provided, however, that the arbitrator has no ability to award attorney's fees or costs incurred on any person's behalf in connection with any arbitration proceeding. The Arbitrator is limited to deciding matters that exist between Dealmoon and User only. The Arbitrator shall follow the case and statutory authorities of Texas and federal law, as may apply to a particular claim. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEAN NEITHER USER NOR DEALMOON MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST EACH OTHER OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A PLAINTIFF, REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. ONLY A COURT, AND NOT AN ARBITRATOR, SHALL DETERMINE THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER. IF THE CLASS ACTION WAIVER IS DEEMED TO BE UNENFORCEABLE, DEALMOON AND USER AGREE THAT THIS AGREEMENT IS OTHERWISE SILENT AS TO ANY PARTY'S ABILITY TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION IN ARBITRATION. THE ARBITRATOR MAY NOT CONSIDER AND HAS NO AUTHORITY TO CONSIDER ANY CLAIMS ALLEGED AS CLASS OR COLLECTIVE ACTIONS OR AS A REPRESENTATIVE MATTER.
As noted, the Arbitrator's authority to resolve and make written awards is limited to claims between Dealmoon and User only. Claims of different individuals or entities may not be joined or consolidated in any arbitration between Dealmoon and User, and the Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by Dealmoon and User. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not named as a party to the arbitration.
16. Use outside of the United States/Void where prohibited
Dealmoon makes no representation that the information on the Sites and Forums is appropriate or available for use outside of the United States, and access to the Sites and Forums from territories where the content therein may be illegal is prohibited. If you access the Sites and Forums from outside the United States, be advised the Sites and Forums may contain references to products and services that are not available or are prohibited in your country.
Those who choose to access the Sites and Forums from outside of the United States do so based on their own initiative and are responsible for compliance with applicable local laws, about which Dealmoon makes no warranties or assumptions. Any offer for any feature, product or service on the Sites and Forums is void where prohibited.
17. Contact Information
Dealmoon may contact you using the contact information you provide us, including by email, phone, or mailing address. Dealmoon may need to contact you regarding your use of the Sites and Forums or your account, or to provide announcements about the Sites and Forums. Dealmoon may also contact you to provide you with promotional offers and other marketing. Please refer to Dealmoon's
Privacy Policy to learn how to opt-out of marketing emails.
Dealmoon complies with all applicable laws and regulations on sending emails, including the CAN-SPAM Act. To request consent or to provide any other notice related to this Agreement, you can contact us
here.
18. Unsolicited Submissions
Dealmoon appreciates receiving comments regarding its products and services. However, it cannot accept or consider ideas, suggestions, proposals, enhancements, materials, including, but not limited to, new products or services, ideas for advertising, promotions, or other marketing offerings other than those we have specifically requested. This policy is intended to help Dealmoon avoid future misunderstandings when new products, services, and features developed internally by Dealmoon might be similar or even identical to your idea.
If you send us an unsolicited suggestion, idea, proposal or other material (“Submission”), you agree and warrant that the Submission is non-confidential and non-proprietary and that Dealmoon may use such Submission or not, as it chooses, in its sole discretion. Dealmoon shall have no obligations to you concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential or to even review it), and shall not be liable for any use or disclosure of any Submission. Further, you understand and agree that the Submission becomes the sole property of Dealmoon. By submitting the Submission you also understand and agree that Dealmoon shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without the requirement to acknowledge you and without compensation to you.
19. Privacy Policy
Registration data and other personally identifiable information will be collected and used by Dealmoon consistent with our Privacy Policy, which is incorporated herein for all purposes. You can see our
Privacy Policy.
20. Entire Agreement
This Agreement constitutes the entire agreement between you and Dealmoon regarding the access and use of the Sites and Forums. Dealmoon’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
为了确保您充分了解作为Dealmoon（以下简称“Dealmoon”或“我们”）网站、在线论坛和社交媒体账户的注册用户（以下简称“用户”或“您”）所享有的权利以及我们对您承担的责任，Dealmoon特制定本《用户协议》。上述网站、在线论坛和社交媒体账户包括但不仅限于www.dealmoon.com网站及其论坛、以及Dealmoon在新浪微博、Facebook、Twitter、人人、微信等（以下统称“网站和论坛”）拥有的其他附属社交媒体账户。作为这些网站和论坛的用户，您同意已阅读、理解并同意以下“条款和条件”，并同意遵守该等“条款和条件”，包括未来的任何修改或更新。
这些条款和条件将会对您如何使用我们的网站和论坛作出规范，并成为您与Dealmoon之间在法律上可执行的合约依据。如果您不能接受这些条款和条件，请不要使用我们的网站和论坛。
用户无需注册帐户便可直接使用Dealmoon的网站和论坛，但想要使用网站和论坛上的特定服务，则需要创建帐户。用户创建帐户时所提供的所有信息必须真实、准确、最新、完整。用户须自行确保其帐户所有活动以及登录信息和密码的安全。
使用Dealmoon网站和论坛的用户，必须满足以下条件，并特此声明和保证：（1）年满十三周岁或以上；（2）目前未被限制使用我们的服务，或未被限制注册Dealmoon账户；（3）非Dealmoon竞争对手，且不得将账户用于与Dealmoon竞争的任何用途；（4）拥有签订此协议的所有权力或授权，包括作为任何实体或个人代表而行使此等权力，且签订本协议不违反本人或所代表的实体或个人签署任何其他协议；（5）不违反Dealmoon的任何权利，包括版权、商标权等知识产权；（6）同意自行承担因使用Dealmoon网站、论坛和账号而造成的设备、软件和互联网访问等费用。
在Dealmoon的网站和论坛上发布消息的用户必须选择唯一用户名，而不允许使用重复用户名，因此，如果用户输入的用户名已被占用，将提示用户选择其他用户名。Dealmoon有权自行决定禁止使用任何特定的电子邮件服务或ISP。发布在网站和论坛的任何消息，包括所发布的信息中包含的任何文件，仅代表发布者本人观点，不得视为Dealmoon或与之相关的任何个人或实体的意见。虽然Dealmoon可以通过版主和管理员对发布在网站和论坛上的消息和文件的内容和风貌予以监控，但用户特此确认，Dealmoon并不承担这样的监控义务。考虑到公告栏的实时性，Dealmoon不可能监控或审查所有的消息和文件。用户特此同意，Dealmoon及其相关个人或实体不对发布在网站和论坛上的任何消息的内容、准确性、完整性或有效性承担任何责任。用户特此同意，不使用网站和论坛来发布、链接或者附加任何包含虚假的和/或诽谤性的、误导性的、欺诈性的、非法的、不确切的、辱骂性的、粗俗的、仇恨性的、骚扰性的、亵渎性的、色情的、威胁性的、侵犯个人隐私的或其他方式违反任何法律法规的文件、信息和材料。用户需保证所提供内容不违反其他第三方折扣网站用户协议。用户同意，未经版权所有人明确许可，不会发布任何受版权保护的材料，但版权属于用户或Dealmoon所有的除外。
用户特此授予Dealmoon全球通用的永久性免版税许可，许可Dealmoon出于任何目的在任何现有媒体和未来出现的媒体中转发、拷贝、采用、复制、传播用户发布在网站和论坛上的内容和信息。用户明确同意，Dealmoon可自行决定无偿地将用户发布的任何内容或发送给Dealmoon的任何通信中所包含的任何想法、概念、知识和技术用于任何目的，包括但不仅限于利用此类信息来开发、生产和营销产品及服务。
Dealmoon保留出于任何原因酌情删除任何消息的权利。用户特此同意对所发布信息的内容承担全部责任，并赔偿Dealmoon、其代理人及员工因信息外观和/或传输而造成的任何损失。
网站和论坛将向用户呈现第三方优惠券、交易、广告和其他优惠（以下统称“要约”）。要约是由第三方（以下统称“卖方”）提供的产品和服务。用户选择接受要约，则视为与卖方达成交易。Dealmoon并非交易相关方，因此不对用户和卖方之间的交易承担任何责任。Dealmoon不负责履行任何要约。
在用户购买产品或服务或以任何其他方式接受要约之前，请阅读要约的整个描述，包括卖方网站上规定的附属细则和任何额外的条款和条件。用户须基于卖方说明，自行了解所要购买的产品或服务。要约的条款和条件，包括退款和取消交易政策，均按照卖方的政策执行。卖方政策不受Dealmoon约束。在任何情况下，Dealmoon不对用户与卖方之间的交易负责。有关要约或用户与卖方之间交易的问题，请直接与卖方联系。
Dealmoon为用户免费提供在线优惠券服务。对于在线优惠券的赎回、错误/疏忽或过期等情形，Dealmoon不承担任何责任，用户应自行确保卖方结帐过程中是否有折扣、特价或免费赠予等情形。网站和论坛上的所有要约和推广内容如有变更，恕不另行通知。Dealmoon无法控制卖方提供的任何优惠券或其他要约的合法性、任何卖方按照要约完成销售的能力、以及卖方所提供商品的质量。Dealmoon无法控制卖方是否会遵守网站和论坛上所示的要约，也无法保证网站信息的准确性和完整性。对于用户就网站和论坛、或网站和论坛上的信息使用与卖方发生的任何争议，用户同意放弃提出索赔、要求、诉讼、损害赔偿（直和间接）、损失赔偿、成本赔偿、或已知和未知或已披露和未披露费用赔偿的权利，并免除Dealmoon 就此所承担的责任。
Dealmoon.com网站及其附属社交媒体账户由Dealmoon在“可用”的基础上“按现状”提供。在法律允许的最大范围内，Dealmoon不对网站和论坛作出任何明示或暗示的声明和保证，包括但不仅限于针对任何特定用途的适销性和适用性的暗示保证，以及在交易过程中或履约过程中产生的任何暗示保证。用户特此同意，对于因用户与任何卖方之间发生争议而产生的任何费用和损害赔偿，Dealmoon不承担任何责任，且用户特此放弃对Dealmoon及其股东、管理人员、董事、员工、母公司、子公司、代理人和代表提出此类索赔的权利。对于卖方或供应商提供的任何商品或服务，Dealmoon不作出任何声明和保证。除此以外，Dealmoon也不保证网站和论坛访问不会中断或出错，对于用户因访问或无法访问网站和论坛所造成的任何损失和损害（包括但不仅限于用户向参与合作的卖方购买物品时无法享受折扣、无法使用优惠券所造成的损失和损害），Dealmoon不承担任何责任。在任何情况下，不论出于任何原因和任何基于用户使用网站或论坛的责任理论，或出于Dealmoon管理网站和论坛的作为或不作为，或与购买或使用卖方或供应商的任何商品或服务有关，Dealmoon均不为任何损害赔偿、索赔或损失承担责任（包括但不仅限于补偿性、附带性、间接性、特殊性、后果性或惩罚性的损害赔偿），无论Dealmoon是否已知悉此类损害赔偿、索赔或损失的可能性，也无论是否实现任何有限救济的基本目的。
用户同意补偿并确保DEALMOON、其母公司、子公司、关联方、管理人员、董事和雇员免于承担任何第三方就用户使用网站和论坛、用户违反本协议的条款和条件，或用户或用户账号的其他使用者侵犯任何用户的帐户或任何知识产权或任何个人或实体的其他权利，或因任何成员通信中包含任何恐吓、诽谤、淫秽、盗用或侵权材料而提起的任何索赔或要求，包括合理的律师费和开支。
本协议的“条款和条件”可能随时发生变更；Dealmoon将在本页发布变更信息。用户同意接受上述所有“条款和条件”的约束，包括更新后条款和条件。因用户未了解相关变更而造成的任何后果，Dealmoon不承担任何责任。用户应定期访问本页面，以确定本协议是否发生了修改或变更。如果用户不同意对本协议的任何修改，应立即终止用户名、密码和注册，并停止使用所注册帐户。
用户同意遵守所有适用的法律、法规和条例。用户可在法律、法规和条例允许的范围内参与网站和论坛。用户有下列情形之一的，Dealmoon有权拒绝注册或限制、修改或终止其用户名、密码和注册，且无需就此向用户或任何其他第三方承担任何责任：用户违反任何法律、法规和条例的；用户的参与可能导致违反任何法律、法规和条例的。
用户特此确认，网站和论坛的内容，包括但不仅限于Dealmoon、Dealmoon的广告商、销售商或其他相关方所提供的文字、声音、图片、图形和其他材料以及服务和软件等，均受版权、商标、服务标志、专利和/或其他专有权和法律的保护。用户获得Dealmoon、Dealmoon的广告商、销售商或其他相关方的明确授权后方可使用相关内容、服务或软件。用户特此确认，网站和论坛的所有知识产权归Dealmoon或其许可方所有。网站和论坛的提供，不得视为向用户或任何第三方转让涉及该知识产权的任何权利、所有权或权益。
1）在下列情况下，Dealmoon将收集用户提供的个人信息：用户注册；用户调查；登录发布通知；注册参与抽奖或领取赠品；向Dealmoon发送电子邮件，或以任何其他方式向Dealmoon发送用户信息。所收集的信息可能包括用户姓名、电子邮件邮箱地址以及可用于识别用户的其他信息。用户无需提供个人信息便可使用Dealmoon的部分服务，但一些旨在保护用户信息的功能将无法使用。
Dealmoon还会在用户使用Dealmoon的服务时收集用户的非个人信息，如用户的浏览器类型、先前访问网站的URL、ISP、操作系统和IP地址等。如果用户通过移动设备或其他设备访问网站和论坛，Dealmoon将收集分配给该设备的唯一设备识别码或该设备的其他信息。如果用户收到Dealmoon的电子邮件或提醒信息，不论是否点击其中包含的广告或要约，Dealmoon均视为已将其打开并对相关信息进行跟踪。此外，与绝大部分网站运营商一样，Dealmoon采用分析和报告技术记录信息，如互联网域名和主机名、互联网协议（IP）地址、浏览器软件和操作系统类型、点击流模式以及访问属性和其他服务的日期和时间。
如果用户通过Facebook、Google、新浪微博等第三方服务供应商访问网站和论坛，Dealmoon将访问授权请求中所述的信息。用户须审查第三方服务提供商的隐私设置，确保只共享想要共享的信息。
• 定期发送电子邮件和提醒信息（用户注册时提供的电子邮箱地址仅用于向用户发送与网站和论坛有关的信息和更新以及用户请求的交易信息。选择加入Dealmoon邮件列表的用户将收到包含要约、优惠券、企业新闻、更新信息、相关产品或服务等信息。Dealmoon会在每封邮件的下方提供详细的退订说明。用户可随时取消接受消息。）
3）Dealmoon非常重视用户个人信息安全，并采取商业上合理的措施确保用户个人信息安全。但由于互联网固有的开放性，Dealmoon不能保证用户和Dealmoon之间的通信或通过网站和论坛储存或传输的信息不会受到第三方未经授权的访问，用户使用网站和论坛时所面临的风险由用户自行承担。
4）Dealmoon利用cookies了解和保存用户访问偏好，并对广告进行跟踪，对网站和论坛流量和交互数据进行汇总，以便Dealmoon未来为用户提供更好的网站体验和工具。Dealmoon可能会携手第三方服务提供商，以便更好地了解网站和论坛访问者。第三方服务提供商以Dealmoon名义收集的信息，仅可用于帮助Dealmoon提供和完善服务之目的。
第三方供应商Google会使用cookie在我们的网站投放广告。谷歌使用DART cookie向访问我们的网站或互联网上其他网站的用户发送广告。用户可通过访问Google广告和内容网络隐私政策，停止使用DART cookie。
为了更好地服务于我们的用户，并提供用户感兴趣的要约和优惠券，我们利用Google Analytics来收集用户个人背景特征和兴趣数据，所收集的信息不会与任何第三方共享。访问者可选择停用Google Analytics展示广告，并通过“广告设置”对Google展示网络的广告展示进行设置。
5）Dealmoon不出售、交易或以其他方式向除受信任的第三方（协助Dealmoon经营网站和论坛、开展业务、为用户提供服务）以外的任何其他方转让用户个人信息，受信任的第三方也必须同意对用户的个人信息保密。Dealmoon也可以出于遵守法律、执行网站政策或保护Dealmoon或其他方权利、财产或安全等目的而披露用户信息。但是，非个人信息可能会供其他方用于营销、广告或其他正当用途。
6）Dealmoon的网站和论坛包含或提供第三方产品或服务的网络链接。此类第三方网站具有单独和独立的隐私政策。因此，Dealmoon对于这些链接网站的内容和活动不承担任何责任。尽管如此，Dealmoon寻求保护网站和论坛的完整性，欢迎用户就相关网站提供反馈。部分链接可能由广告商提供，如果点击广告内容，用户将通过关联cookies跳转至广告商网站。
7.信用卡须知。Dealmoon与网站和论坛上的信用卡发卡机构部分附属项目存在经济往来。Dealmoon在网站和论坛发布的相关内容并非由信用卡发卡机构提供或受其委托。Dealmoon在网站和论坛发表的相关意见不得视为信用卡发卡机构的意见，也未经信用卡发卡机构审核、批准或以其他方式进行背书。
本协议受德克萨斯州法律管辖并据其解释，不考虑法律冲突，且用户同意就所有与本协议相关的或与使用Dealmoon服务相关的争议接受德克萨斯州科林县法院的专属管辖和审判。
本协议的任何条款（或条款部分内容）被认定为无效、非法或不可执行的，该条款仅在该禁止和不可执行的范围内无效，而不会致使本条款的其余部分或本协议的其余条款失效。在适用法律允许的前提下，本协议各方特此同意放弃导致本协议条款在任何方面无效、非法或不可执行的法律条款。
