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Terms of Service

Welcome to dealistic.com. Please review the following terms and conditions concerning your use of our site. These terms of use constitute a legal agreement (the “Agreement”) between you and Dealistic, LLC. Please read the Agreement carefully before registering for or using the website.

By accessing or using dealistic.com, or by using or downloading materials from dealistic.com, you agree to follow and be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER FOR OR OTHERWISE USE dealistic.com. The terms of this Agreement are subject to change by Dealistic at any time, effective upon posting updated Agreement on dealistic.com. Any use of dealistic.com after such notice will constitute your acceptance of the changes.

ELIGIBILITY FOR USE

dealistic.com use is restricted to persons registered to use the site (each a “Member” and collectively the “Members”). All Members must be aged 14 and over. Your registration for, and/or use of, dealistic.com constitutes your representation and warranty that you satisfy this eligibility requirement and that you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement.

USE OF SERVICES

Personal Use Only. dealistic.com is intended for your personal use only, and your membership may not be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity. You may not use dealistic.com or any Service for commercial purposes, including (but not limited to) advertising to, or solicitation of, other Members.

Online Account Security.You will select a unique username and password in association with your registration for membership. Dealistic may delete usernames that violate any of the the decency provisions below. You are responsible for maintaining the confidentiality of your username and password. You are further responsible for any and all activity on your account. If you become aware of an unauthorized use of your account, you agree to immediately notify Dealistic. Dealistic will not be liable for any loss or damage arising from your failure to comply with this provision.

Accuracy of Information. You will not provide inaccurate, misleading or false information to Dealistic or to any other Member. You will promptly notify Dealistic if information provided to Dealistic or another Member later becomes, or is subsequently discovered to be inaccurate, misleading or false.

Contact with Others.You are solely and exclusively responsible for your interactions with other Members and/or users of dealistic.com, whether in person or online. You acknowledge that Dealistic does not screen Members, nor do we perform any investigation into their background or any of their representations or statements made to you or others. Dealistic MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY MEMBER. In no event shall Dealistic be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any Member (including you) in connection with the use of any Service and/or dealistic.com, including without limitation: bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members (or any of them), or other persons you meet through any Service. You agree to take reasonable precautions in all interactions with other Members, whether online or in person.

Personal Conduct.You acknowledge and agree that:

As a condition of your use of dealistic.com, you agree that you will not use dealistic.com for any purpose that is unlawful or prohibited by this Agreement. Use of dealistic.com for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of dealistic.com, or any other person’s use or enjoyment of dealistic.com, is strictly prohibited.

The following non-exhaustive list of illegal or improper conduct is expressly prohibited:

• Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Dealistic or any Member or supplier, or those of any other party;

• Any attempt to probe, scan or test the vulnerability of a system or network of Dealistic or any of its customers or suppliers, any Service, or those of any other party;

• Interference, or any attempt to interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;

• Forgery of any TCP-IP packet header or any part of the header information in an e-mail or a posting;

• Falsification of address information or other modification of e-mail headers to conceal the sender’s or the recipient’s identity;

• Use of dealistic.com to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;

• Use of dealistic.com to engage in activities that violate any applicable law or governmental regulation; and/or

• Any use of dealistic.com with the intent to offend, exploit, harass, or otherwise cause harm to any other person or entity.

Content. You are solely responsible for the information and/or materials (“Content”) you publish, display or otherwise communicate in any manner (hereinafter, “post”) on dealistic.com, or transmit to other Members. You will not post or distribute to another Member any illegal or prohibited Content, including (but not limited to) Content that:

• is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing (“spamming”);

• contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities;

• is abusive, threatening, obscene, defamatory or libelous;

• contains or promotes distribution of, or access to, an unauthorized copy of another person’s copyrighted work;

• contains or promotes distribution of, or access to, any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);

• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

• contains or provides material that exploits people under the age of 18 in a sexual or violent manner;

• solicits personal information from anyone under the age of 18;

• provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or

• engages in commercial activities and/or sales.

You acknowledge and agree that Dealistic may (but has no obligation to) review and delete any Content, messages, emails, photos or profiles posted to or sent through Dealistic, that Dealistic in its sole discretion determines is in violation of this Agreement, or might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Members, persons or entities. However, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT POSTED BY YOU AND INCLUDED IN YOUR PRIVATE E-MAIL MESSAGES. Dealistic will treat non-public e-mails between you and other Members as confidential to the extent permitted by applicable law.

By posting or submitting Content to any publicly-accessible portion of dealistic.com, you: (i) grant Dealistic the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the Dealistic Privacy Policy, which is incorporated in and made a part of this Agreement; and (ii) represent and warrant that you own or otherwise control all of the rights to the Content and that public posting and use of your Content by Dealistic will not infringe or violate the rights of any third party.

Lawful Use. You will use dealistic.com in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, dealistic.com is void where prohibited.

Violations. You will promptly report to Dealistic any violation of the Terms of this Agreement by other Members.

Dealistic CONTENT; PROPRIETARY RIGHTS

You may not use, download or copy any information supplied by Dealistic on dealistic.com unless: (i) you use the information solely for personal, informational and non-commercial purposes, (ii) you include the Dealistic trademark and copyright symbol on each downloaded or copied page, and (iii) you do not modify any of the information. The rights granted to you constitute a license and not a transfer of title. Dealistic, Inc. reserves the right to revoke the authorization to view, download, print and/or reproduce the documents and information available on this site at any time, and any such use shall be discontinued immediately upon written notice from Dealistic (electronic inclusive).

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information owned by Dealistic from dealistic.com without the prior written permission of Dealistic. You may not “mirror” any materials contained on dealistic.com on any other server without Dealistic’s prior express written permission. Any unauthorized use of any materials contained on dealistic.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright. Entire contents Copyright © 2008 AYN & Associates, LLC. All rights reserved. Electronic documents published on dealistic.com are protected by international copyright laws. Distribution or publication of these pages (including text and graphics) in any form without prior written permission is forbidden.

Trademarks. dealistic.com, and related dealistic.com logos are trademarks of AYN & Associates, LLC. All other company names, product names and logos on these pages are also trademarks, registered trademarks, or trade names of their respective holders. Dealistic’s use of company names, product names and logos or images on dealistic.com does not necessarily constitute an endorsement of the named company or products by Dealistic.

Links to Third Party Sites. dealistic.com may contain hyperlinks to websites that are not controlled by Dealistic. You acknowledge and agree that Dealistic does not endorse, and has no responsibility for, the contents or use of third-party websites or the conduct of their respective owners or other individuals or entities with whom you have contact.

Personal Information and Privacy. To learn about how Dealistic protects your privacy, please refer to the dealistic.com Privacy Policy.

DISCLAIMER

While every effort is made to ensure the accuracy of information offered on these pages, Dealistic will have no liability for errors, omissions or inadequacies in the information contained herein or for interpretations of the information. dealistic.com could include inaccuracies or out-dated information and is subject to change at any time without notice. Your use of dealistic.com is at your own risk. You agree to hold Dealistic harmless from, and not to sue Dealistic for, any claims based upon use of dealistic.com. Dealistic is not responsible for the conduct – whether online or offline – of any member or user of the website.

TO THE EXTENT ALLOWABLE BY LAW, THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON AND/OR OFFERED THROUGH DEALFEED.COM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. Dealistic DISCLAIMS ALL WARRANTIES RELATING TO DEALFEED.COM, ANY PRODUCTS AND/OR SERVICES OFFERED THROUGH DEALFEED.COM, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Dealistic BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF DEALFEED.COM OR ANY PRODUCT OR SERVICE OBTAINED THROUGH DEALFEED.COM, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN MEMBERS OR USERS, WHETHER ONLINE OR OFFLINE.

INDEMNIFICATION

You will indemnify and hold harmless Dealistic, its officers, directors, employees, agents and subcontractors, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or relating to your: (i) use of dealistic.com or any Product or Service; and (ii) improper and/or unauthorized acts or omissions, including any breach by you of any term of this Agreement.

TERMINATION

Either you or Dealistic may terminate your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Dealistic reserves the right to immediately suspend or terminate your Membership and/or access to dealistic.com, without notice, if Dealistic (in its sole discretion) determines that you have violated any term of this Agreement.

NOTICES

All notices, communications, demands and payments required or permitted to be made pursuant to this Agreement shall be sent by certified or registered mail, postage prepaid; overnight messenger service; facsimile, personal delivery or electronic mail as follows: if to you, to the most current email address or physical address on file with Dealistic in association with your membership or account; if to Dealistic:

AYN & Associates, LLC
San Francisco, CA
admin@dealistic.com

GOVERNING LAW

dealistic.com is controlled and operated by AYN & Associates, LLC, with its corporate headquarters in San Francisco, California. Any claim or dispute relating to your use or attempted use of dealistic.com shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using dealistic.com, you submit to the exclusive jurisdiction of the appropriate state or federal courts sitting in San Francisco, California, in any proceeding relating to any such claim or dispute.

ENTIRE AGREEMENT

This Agreement contains the entire agreement between you and Dealistic regarding the use of dealistic.com. Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

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Copyright © 2008 AYN & Associates, LLC.