This Agreement contains all of the terms and conditions between Enjoy the FundMeSmart, LLC dba Deals4Life.com and you ("User"). It governs the use of the Service offered at the Deals4Life.com Website, including but not limited to domains and extensions at www.Deals4Life.com, Deals4Life.com (the "Website") and the Deals4Life™ Mobile Application. Please read this Agreement before using the Website or Mobile Application. Use of the Website or mobile app constitutes an agreement with these Terms & Conditions (this "Agreement"), whether or not you register with Deals4Life.com. If you wish to register and use the Deals4Life.com service (the "Service"), please read this Agreement. By using this Website or the Mobile Application, all Users now represent, warrant, understand, agree to and accept all terms and conditions. If you object to anything in this Agreement or the Deals4Life.com Privacy Policy (which can be found here: https://deals4life.com/privacypolicy), do not use the Website, Mobile Application, or the Service.
1. ACCEPTANCE OF TERMS & CONDITIONS AGREEMENT. This electronic contract sets out the legally binding terms of your use of the Website and the Service. Deals4Life™ may modify this Agreement from time to time, such modifications to be effective upon posting by Deals4Life™ on the Website. This Agreement includes the Deals4Life™ Privacy Policy, available below, and any other policy as expressly designated by Deals4Life™ from time to time (any policies incorporated into this Agreement will be made available to Users). By accessing the Website or becoming a registered user, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein. In addition, by accessing the Website, using the Mobile Application, or becoming a registered user, you consent to have this Agreement provided to you in electronic form.
2. Deals4Life™ IS A VENUE.The Website and mobile Application are communications platforms that enable connections between customers ("Customers") and businesses ("Merchants") seeking Deals4Life™ products or services. Deals4Life™ does not assume any responsibility for the accuracy or reliability of any information provided by Customers or Merchants on this Website or on the Mobile Application. Deals4Life™does not assume and expressly disclaims any liability that may result from the use of this information. Deals4Life™is not responsible for the conduct, whether online or offline, of any User of the Website, the Mobile Application, or of the Service. All Users including both Customers and Merchants do hereby expressly agree not to hold Deals4Life™ (or Deals4Life™'s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Website or Mobile Application, and Deals4Life™ expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
3. ELIGIBILITY. By using the Website or the Mobile Application, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our products and services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the preceding, our products and services are not intended to be used by minors who are legally unable to enter binding agreements based on the age of majority in the jurisdiction in which they reside or by anyone who may not legally contract with Deals4Life.com. By signing up, Users represent that they are of the age of majority in the jurisdiction in which they reside and are otherwise legally capable of entering into binding contracts. Any misstatements and or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Users of this Website or the Mobile Application are not the responsibility of Deals4Life™. Deals4Life™ does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Users of this Website or the Mobile Application. Users do hereby represent, understand and agree to hold Deals4Life™ harmless for any misstatements and/or misrepresentations made by any Users of this Website or the Mobile Applications. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Website or the Mobile Application. Deals4Life™reserves the right to immediately terminate the subscription of any person or entity that enrolls (by any means) in a Deals4Life™ subscription without legal authority or ability to do so.
4. RELEASE. Deals4Life™ will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes in relation to the use of this Website or the Mobile Application. By using this Site, you at this moment represent, understand, and expressly agree to hold FundMeSmart, LLC DBA Deals4Life harmless for any claim or controversy arising from any disputes between you and any other User(s) of the Website or the Mobile Application. Deals4Life™ will use its reasonable efforts to monitor this Website and the Mobile Application, including actions, comments, and general usage of the Website and the Mobile Application, and suspend privileges to any User not adhering to the policies of the Website and the Mobile Application. You agree to take reasonable precautions in all interactions with other Users of the Website and the Mobile Application, particularly if you decide to meet offline or in person.
5. MEMBERSHIP, COUPON REDEMPTION, FREE TRIALS, BILLING AND CANCELLATION
A. Subscription Subscriptions Generally.
Subscriptions Generally. Deals4KLife™'s Mobile Application and Website offer access to coupons that can be redeemed with merchants in your geographic area (and sometimes online). Using the Mobile Application or the Website, you can choose how long you would like access to the coupon collection instead of buying a hardcopy coupon book. We offer subscriptions ranging from 1 month to 1 year. Coupons are valid from January 1 through December 31 of each year. THERE MAY BE MULTIPLE COPIES OF SOME COUPONS IN THE COLLECTION, WHILE FOR OTHER COUPONS IN THE COLLECTION, THERE IS ONLY ONE COUPON THAT MAY BE REDEEMED DURING THE CALENDAR YEAR. Each January, the coupons in the collection are either renewed and can be used again or will be replaced by coupons from other merchants.
Ongoing Subscription. UNLESS YOU SIGNED UP FOR A SUBSCRIPTION THAT IS EXEMPT FROM AUTOMATIC RENEWAL (AS DEFINED BELOW), YOUR SUBSCRIPTION TO THE WEBSITE OR THE MOBILE APPLICATION, WHICH MAY START WITH A FREE TRIAL, WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM (A FREE TRIAL IS CONSIDERED A "SUBSCRIPTION TERM"). WHEN YOUR SUBSCRIPTION AUTOMATICALLY RENEWS, IT SHALL RENEW FOR THE SAME TERM AND AT THE SAME PRICE AS THE PREVIOUS SUBSCRIPTION TERM UNTIL YOU CANCEL YOUR SUBSCRIPTION, CHANGE YOUR SUBSCRIPTION TERM, OR WE TERMINATE YOUR SUBSCRIPTION. SUPPOSE YOUR SUBSCRIPTION BEGAN WITH A FREE TRIAL AND IS SLATED FOR AUTOMATIC RENEWAL AFTER YOUR FREE TRIAL ENDS. IN THAT CASE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUBSCRIPTION TERM THAT MATCHES THE ORIGINAL FREE TRIAL TERM AND AT THE PRICE ASSOCIATED WITH SUCH TERM. This means it is very important that you review the subscription price that matches your free trial BEFORE accepting the free trial.
Automatic Renewal Exemptions. SUBSCRIPTIONS ARE EXEMPT FROM AUTOMATIC RENEWAL ONLY IF: (1) THE METHOD BY WHICH YOU ENROLL PRESENTS YOU WITH AN OPTION TO OPT-IN TO AUTOMATIC RENEWAL AND YOU CHOOSE NOT TO OPT-IN; (2) YOU ENROLL VIA A PROMOTIONAL CODE THAT INCLUDES NO MENTION OF AUTOMATIC RENEWAL; OR (3) YOU PURCHASE A HARDCOPY COUPON BOOK THROUGH OUR WEBSITE (HARDCOPY COUPON BOOKS PURCHASED THROUGH THE WEBSITE DO NOT CURRENTLY HAVE AN OPTION TO AUTO-RENEW [I.E., AUTOMATICALLY RECEIVE ANOTHER BOOK], SO ALL COUPON BOOKS PURCHASED THROUGH THE WEBSITE REPRESENT A ONE-TIME CHARGE). ALL OTHER METHODS OF ENROLLMENT ARE SUBJECT TO AUTOMATIC RENEWAL UNLESS AND UNTIL THE USER CANCELS THEIR SUBSCRIPTION (WHICH THE USER MAY DO BEFORE THE FIRST AUTOMATIC RENEWAL, WHICH MEANS THE SUBSCRIPTION WILL NEVER AUTOMATICALLY RENEW).
Price Changes. We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion If the price of your subscription changes, we will notify you of the change via email at least thirty (30) days before the change in price takes effect. If you allow your subscription to automatically renew (or if you affirmatively renew it) after being notified of the change in price, your subscription will renew at the changed price.
Account Changes. If you need to access your account to change any information (such as Payment Method, etc), please send an email to [email protected].
Differing Subscriptions. We may offer a number of subscription plans, including unique promotional plans. Some details regarding your subscription with Deals4Life™may be found by visiting the Website or through the Mobile Application. However, you may obtain and discuss any information regarding your Deals4Life™ subscription, as well as information relating to other subscriptions, by emailing [email protected]. Third parties offer some promotional memberships in conjunction with their relationship with Deals4Life™, Deals4Life™ is not responsible for any products or services provided by such third parties or the conduct of any such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at our discretion and per these Terms & Conditions.
Coupon Redemption Limit. The Website, Mobile Application, and coupon books purchased through the Website all contain limited redeemable coupons. There may be more coupons for some vendors than for other vendors. You can browse the coupons that will be included in your subscription before signing up – and we recommend that you do so by visiting the Website, through the App Store, or Google Play. Deals4Life™ guarantees only that there will be at least one (1) of each coupon included in your subscription (there may be more). By purchasing a subscription, you acknowledge that you have reviewed the coupons included with your subscription and that you are purchasing the subscription with the knowledge that there may be only one (1) of each coupon included with your subscription. All coupons in our coupon books and mobile app are subject to listed expiration dates.
B. Free Trials
Your Deals4Life™ subscription may start with a free trial. The free trial period of your subscription lasts for the period specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for certain Users only. Deals4Life™ reserves the right, in its absolute discretion, to determine your free trial eligibility.
WE WILL BEGIN BILLING YOUR PAYMENT METHOD FOR SUBSCRIPTION FEES AT THE END OF THE FREE TRIAL PERIOD OF YOUR SUBSCRIPTION AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW (UNLESS EXEMPT FROM AUTOMATIC RENEWAL) IN ACCORD WITH THESE TERMS & CONDITIONS UNLESS YOU CANCEL PRIOR TO THE END OF THE FREE TRIAL PERIOD. To review the specific details of your subscription, including the end date of your free trial period and the price and term for which your subscription will automatically renew, please email us at [email protected].
Additional Promotional Codes. If at any point, whether while enrolled in a free trial or a paid subscription, a User obtains a promotional code for a new free trial, the User may enter the new code and the promotion associated with the new code will automatically be applied at the User's next renewal period (or if the User's subscription is not set to renew, at what would be the expiration of the User's subscription). When the new promotion has ended, if the User was enrolled in a subscription that auto renews prior to entering the new promotional code, the subscription will auto-renew according to the temporal and pricing terms that the User has previously selected, and if the User was not enrolled in a subscription that auto-renews prior to entering the new promotional code, the User's subscription will terminate.
C. Billing
Recurring Billing. By starting your Deals4Life™ subscription and providing or designating a Payment Method, you authorize us to charge you the then-current fee associated with the subscription you have selected and any other charges you may incur in connection with your use of the Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each subscription term may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and changing or adding a subscription, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.
Billing Cycle. The fee for your subscription will be billed at the beginning of the paying portion of your subscription and again upon the commencement of each renewal term unless and until you cancel your subscription. We automatically bill your payment method on the calendar day corresponding to the commencement of your subscription payment. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not been successfully settled. In addition, your renewal date may change due to changes in your subscription. To review or discuss the commencement date for your next renewal period, please email us at [email protected] If your renewal date changes, all applicable portions of these Terms & Conditions will apply to the changed renewal date as though the changed renewal date was your original renewal date. As used in these Terms & Conditions, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTIONS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by emailing us at [email protected] Please include a valid phone number as we will call you to update your payment method (we do not recommend sending credit card information via email; we will call you to discuss or change such information). IF A PAYMENT IS NOT SUCCESSFULLY SETTLED DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT EDIT YOUR PAYMENT METHOD INFORMATION SO THAT PAYMENT IS SUCCESSFULLY SETTLED PRIOR TO THE DATE ON WHICH YOUR SUBSCRIPTION AUTOMATICALLY RENEWS, YOUR SUBSCRIPTION WILL AUTOMATICALLY CANCEL. If you do edit your Payment Method, such editing may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
By designating a Payment Method, you represent to Deals4Life™that you have all necessary legal authority to authorize Deals4Life™to charge such Payment Method. Designating a payment method without the necessary legal authority is a crime. Deals4Life™shall not be responsible for any criminal acts, including a user designating a Payment Method without authority, and Deals4Life™ reserves the right to cancel any user account ifDeals4Life™ learns that the account includes a Payment Method that was assigned without the proper legal authority.
Cancellation. You may cancel your subscription at any time and will continue to have access to the Service through the end of your paid-for subscription period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR UNUSED COUPONS. TO CANCEL YOUR SUBSCRIPTION, SEND AN EMAIL TO [email protected]. IF YOU WISH TO CANCEL VIA EMAIL, PLEASE INCLUDE IN THE SUBJECT LINE THE WORDS "SUBSCRIPTION CANCELLATION." Unless your subscription is exempt from automatic renewal, until you cancel, your subscription will automatically renew for the same term and at the same price (and your Payment Method will be billed for this price), subject to any changes that Deals4Life™ makes to the terms and prices of its subscriptions, as permitted under these Terms & Conditions.
6. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
7. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information concerning your use and/or registration for the Website and the Mobile Application. Deals4Life™or FundMeSmart, LLC is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Website or the Mobile Application.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Website or the Mobile Application or transmit to other Users of the Website or the Mobile Application. You will not post on the Website or the Mobile Application or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Deals4Life™ or to any other User of the Website or the Mobile Application.
You understand and agree that Deals4Life™ may review and delete any Content, in each case in whole or in part, that in the sole judgment of Deals4Life™ violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Website or the Mobile Application.
You automatically grant by posting Content to any public or private area of the Website or the Mobile Application. You represent and warrant that you have the right to grant to Deals4Life™, its affiliates, licensees, and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the preceding. You further represent and warrant that public posting and use of your Content by Deals4Life™will not infringe or violate any third party's rights (including intellectual property rights).
Your use of the Service, including but not limited to the Content you post on the Service, must follow any applicable laws and regulations.
Opinions, advice, statements, offers, or other information or Content made available on the Website, the Mobile Application, through the Service, but not directly by Deals4Life™, are those of their respective authors. Such authors are solely responsible for such Content. FundMeSmart™, dba Deals4Life™ does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, the Mobile Application, or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website, the Mobile Application, or through the Service. Under no circumstances will Deals4Life™or its affiliates be responsible for any loss or damage resulting from your reliance on information or other Content posted on the Website, the Mobile Application, or transmitted to or by any User of the Website, the Mobile Application, or the Service.
8. NON-SOLICITATION. Any person may not use the Website, Mobile Application, and related services to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with Deals4Life™ without express written permission from Deals4Life.com. Should Deals4Life.com find that you violate the terms of this section or any terms stated herein, Deals4Life™ reserves the right to terminate your use of the Website and/or Mobile Application at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9. PRIVACY. Deals4Life™will only use the information you provide on the Website or the Mobile Application in accordance with our Privacy Policy. By using the Website or Mobile Application, you do hereby represent, understand and agree that you have reviewed and agree to the terms of our Privacy Policy. For more information, see our full Privacy Policy below.
10. LINKS TO EXTERNAL SITES. Links from the Website or the Mobile Application to external sites (including external sites that Deals4Life™frames) or inclusion of advertisements do not constitute an endorsement by Deals4Life™ of such sites or the Content, products, advertising, and other materials presented on such sites or of the products and services that are the subject of such advertisements but are for Users' reference and convenience. Users access them at their own risk. The User is responsible for evaluating the Content and usefulness of the information obtained from other sites. Deals4Life.com does not control such sites and is not responsible for their Content. Just because Deals4Life.com has hyperlinks to such sites does not mean that Deals4Life™ endorses any of the material on such sites or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites and not by Deals4Life.com Terms & Conditions and Privacy Policy. Deals4Life™ expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Website or the Mobile Application. All Users hereby agree to hold Deals4Life and FundMeSmart, LLC harmless from any liability resulting from the use of links appearing on the Website or the Mobile Application. In addition, you hereby agree that you are solely responsible for any and all charges that you or any user of your device(s) does or may incur using third-party websites or third-party mobile applications.
11. COOKIES. The Website and the Mobile Application use cookies, tracking pixels and related technologies. By visiting our Website or using the Mobile Application, third parties (such as AdRoll, Google Analytics) may place cookies on users' browsers for targeted advertising purposes. Cookies are small data files that are served by a platform and stored on your device. Our Website and the Mobile Application do or may use cookies dropped by us or third parties for various purposes, including operating and personalizing the Website and the Mobile Application. Cookies may also be used to track how you use the Website and Mobile Application in order to target ads to you on other websites. You can opt out of receiving targeted advertising by visiting www.aboutads.info or networkadvertising.org/choices.
12. COPPA COMPLIANCE. Deals4Life™ is not intended to be used by minors who are legally unable to enter binding agreements based on the age of majority in the jurisdiction in which they reside or by anyone who may not legally contract with Deals4Life™. By signing up, Users represent that they are of the age of majority in the jurisdiction in which they reside and are otherwise legally capable of entering into binding contracts. However, customers and merchants should always monitor children's Internet use. Deals4Life™ will not knowingly collect any information from children under 13. Deals4Life™ and FundMeSmart™ takes the Children's Online Privacy Protection Act of 1998 (COPPA) and all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth. That being said, Deals4Life™ does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Website or the Mobile Application. We reserve the right to terminate without notice the subscription of any User if we believe that the User has provided any false information to use when registering for or using this Website or the Mobile Application. Should we determine that you provided any false information to us when using this Website or Mobile Application, your subscription will be terminated immediately. We further reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation.
13. PROHIBITED USE. The Website and Mobile Application is for the personal use of individual Users only. Use of the Website and the Mobile Application is with the permission of Deals4Life™. Deals4Life™ reserves the right to terminate your use of this Website and/or the Mobile Application at its sole discretion at any time. To protect the integrity of the Website, Mobile Application, and Service, Deals4Life™ also reserves the right at any time in its sole discretion to block Users from specific IP addresses from accessing the Website and Mobile Application. Any person or organization may not use the Website, Mobile Application, and related services to recruit, solicit, or contact in any form for employment or contracting for a business not affiliated with Deals4Life™ without express written consent from Deals4Life™ in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser. They should not use the Service, the Website, or the Mobile Application for any illegal or unauthorized purpose, including (but not limited to) collecting Usernames and/or email addresses of Users by electronic or other means, unless express written consent from Deals4Life™is obtained in advance.
Should Deals4Life™ find that you violated the terms of this paragraph or any terms stated herein, Deals4Life™ reserves the right, at its sole discretion, to immediately terminate your use of the Website and/or the Mobile Application and/or to assess a reasonable daily penalty fee for removing and permanently deleting, either manually or automatically, User, Customer or Vendor information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Website or Mobile Application content, including but not limited to, use on a "mirrored", competitive, or third party Website or Mobile Application.
Although Deals4Life™ cannot monitor the conduct of its Users of the Website or the Mobile Application, it is also a violation of these rules to use any information obtained from the Website, the Mobile Application, or the Service to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to any User without their prior explicit written consent from Deals4Life™. To protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a User may send to other Users in any 24 hours to a number that we deem appropriate in our sole discretion.
14. LIMITED LICENSE. Deals4Life™ grants Users a nonexclusive, revocable right to use the Website and Mobile Application provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Website or Mobile Application in any manner or form, or (iii) violate any term in this Agreement. In addition, you must not without Deals4Life™'s written permission: (a) translate the Website or the Mobile Application into other languages (or attempt to do so); (b) use or copy any material from the Website or the Mobile Application, including, but not limited to, onto other websites or in other mobile applications; or (c) frame any of the Website or the Mobile Application onto your own or another person's Website or mobile Application.
15. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS. FundMeSmart, LLC dba Deals4Life.com (hereinafter, "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your Agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the preceding shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the preceding options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Deals4Life™ and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company's goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text "HELP" to the number you received messages from or email us at [email protected]. Please note that using this email address is not an acceptable method of opting out of the Program. Opt outs must be submitted following the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, Software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers provide the necessary Service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18), you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited Content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lust, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, Service, or promotion that is unlawful where such product, Service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and - Any other content that Applicable Law prohibits in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Binghamton, New York before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which FundMeSmart, LLC dba Deals4Life.com's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages in any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, Content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your Agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Suppose any provision of this Agreement is found to be unenforceable or invalid. In that case, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
16. NO WARRANTY. The information and materials contained in this Website and the Mobile Application, including text, graphics, information, links or other items are provided "as is", "as available". Deals4Life™ DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
17. LIMITATION ON LIABILITY. Under no circumstances will FundMeSmart, LLC or FundMeSmat dba Deals4Life.com agents and employees, officers, directors, corporate partners, or participants be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or the Mobile Application, any information received from the Website or the Mobile Application, any email distributed to any User or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Deals4Life™ or representatives thereof, are advised of the possibility of such damages, losses or expenses. Users release Deals4Life™ and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. This limitation on liability hereby expressly absolves Deals4Life™ from any and all liability relating to disputes between users and merchants relating to the validity or acceptance of coupons.
FundMeSmart, LLC, dba Deals4Life.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, Software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website, the Mobile Application, and/or in connection with the Service. Under no circumstances will Deals4Life™ or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting in any way from anyone's use of the Website, the Mobile Application, or the Service, any Content posted on the Website or the Mobile Application, or transmitted to Users, or any interactions between Users of the Website or the Mobile Application, whether online or offline. The Website, the Mobile Application, and the Service are provided "AS-IS" and Deals4Life™ EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY KIND WHATSOEVER. Deals4Life™ cannot guarantee and does not promise any specific results from use of the Website, the Mobile Application, and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or the Mobile Application is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Deals4Life™ makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or the Mobile Application. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
18. INDEMNIFICATION. By agreeing to the terms of this Agreement, Users of the Website and/or Mobile Application agree to indemnify, defend and hold harmless Deals4Life™, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "Deals4Life™") from and against any and all claims, loss, expense or demand of liability, including attorneys' fees and costs incurred by Deals4Life™ and affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and Content you submit, post or transmit through the Website or the Mobile Application, or (ii) use of the Website or Mobile Application by you in violation of these Terms & Conditions or in violation of any law. Users further agree that they will cooperate as reasonably required to defend such claims. Deals4Life™ and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Deals4Life™. Users further agree to hold harmless Deals4Life™ and its affiliates. as well as, if applicable, the User's employer or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that Users transmit through or post to the Website or the Mobile Application. At your option and on your own volition, you may request to see if your company is on the list of employers that subscribe to the Service on behalf of their employees by submitting an inquiry via company email account addressed to Deals4Life™.
19. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. Suppose you believe any materials accessible on or from the Website or the Mobile Application infringe your copyright. In that case, you may request removal of those materials (or access to that) from this Website or the Mobile Application by contacting Deals4Life™'s copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) email address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information you supplied is accurate indicates that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Deals4Life™'s agent for copyright issues relating to this Website and the Mobile Application is as follows:
Copyright Agent
Legal Department
FundMeSmart,LLC dba Deals4Life
872 Near Creek Drive
Blythewood, SC 29016
Email: [email protected]
In an effort to protect the rights of copyright owners, FundMeSmart, LLC dba Deals4Life.com maintains a policy for the termination, in appropriate circumstances, of Users of this Website and/or the Mobile Application who are repeat infringers.
20. NOTICE OF TRADEMARK RIGHTS. The service marks and trademarks of FundMeSmart, LLC dba Deals4Life.com logos are service marks owned by FundMeSmart™. Any other trademarks, service marks, logos and/or trade names appearing on the Website or the Mobile Application are the property of their respective owners. Users acknowledge the rights of FundMeSmart™ or Deals4Life™ and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner.
21. U.S. EXPORT CONTROLS. Software from this Website and the Mobile Application (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or Mobile Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
22. JURISDICTION AND CHOICE OF LAW. Suppose any dispute arises from the Website, Mobile Application, and/or the Service, by using the Website or the Mobile Application. In that case, you expressly agree that any such dispute shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You expressly agree and consent to the exclusive and personal jurisdiction and venue of the SC State Supreme Court sitting in Columbia, SC, or the United States District Court for the Northern District of SCto resolve any such dispute.
23. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the parties' legal representatives, successors and assigns.
24. THIRD PARTY AGREEMENTS. You must comply with any applicable third-party terms of the Agreement when using the Website or Mobile Application (e.g., you must ensure that your use of the Mobile Application does not violate your mobile device agreement or any wireless data service agreement).
25. SEVERABILITY. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms & Conditions herein shall survive, remain in full force and effect and continue to be binding and enforceable.
26. ASSIGNMENT. Without Deals4Life™'s written permission, you shall not assign or transfer or purport to assign or transfer this Agreement between you and us to any other person or entity. Any assignment of this Agreement made by you without Deals4Life™ 's written permission shall be automatically void in every respect. Deals4Life™, in its sole discretion, is hereby authorized to assign its rights and obligations under these Terms & Conditions (and any policies incorporated herein), in whole or in part, to any person or entity, at any time and without the consent of you as a User.
27. CHANGES AND TERMINATION. Deals4Life™ reserves the right to change these Terms and Conditions at any time and for any reason. Deals4Life™ WILL NOTIFY YOU BY EMAIL OF ANY MATERIAL CHANGES TO THESE TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE, MOBILE APPLICATION, OR THE SERVICE AFTER SUCH CHANGES TAKE EFFECT WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES. Deals4Life™ also reserves the right to make changes to the Website, Mobile Application, and Service at any time and for any reason. Your continued use of the Website, Mobile Application, and/or Service after such changes take effect will constitute your acceptance of such changes. Deals4Life™ may also wish to stop providing the Website or the Mobile Application and may terminate use of either or both at any time without giving notice of termination to you. Unless Deals4Life™ informs you otherwise, upon any termination of the Website or the Mobile Application: (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Mobile Application, and (if needed) delete it from your device.
28. CONTACT INFORMATION. If you have any questions or need further information as to the Website, the Mobile Application, or Service provided by Deals4Life™, or need to notify Deals4Life™ as to any matters relating to the Website, Mobile Application, or Service (including any problems you may be experiencing), please get in touch withDeals4Life™ at:
Legal Department
872 Near Creek Drive
Blythewood, SC 29016
Email: [email protected]
