Terms of Service

IMPORTANT

Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the DealZinger.com Member. This Agreement explains the terms and conditions governing the website (the "Terms of Service"), as well as the Privacy Policy, and it is your responsibility to read and understand them. By enrolling as a member of DealZinger.com (a "Member"), you agree to be bound by the Terms and Conditions. Enrollment is defined as providing DealZinger with your valid email address and a password in which to access your account. Membership Participation and its benefits are offered at the discretion of DealZinger.com, and DealZinger.com has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
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ELIGIBILITY

1. You must be an individual, 18 years of age or older.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of DealZinger. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. Membership is only available via access to the DealZinger Web site (http://www.DealZinger.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. DealZinger is not responsible for your inability to connect to the Internet, log into the DealZinger Web site, or access your DealZinger account.
4. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at DealZinger. Refusal to abide by this or any other rules may result in DealZinger canceling your membership.

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ACCOUNT ACCESS AND PASSWORD

1. Upon registration, you will select a password that will allow you to access your DealZinger account (via the DealZinger Web site).
2. You must be logged into DealZinger and enter your password to change your account settings and preferences. You may check your account status and privacy settings at any time by logging in to the DealZinger Website.
3. DealZinger is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password,  and other account information confidential. DealZinger is not responsible for any changes made to your account by someone else who uses your password.

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DISCLOSURE OF ACCOUNT INFORMATION

1. You authorize DealZinger to only disclose to third parties information you have provided, or information that DealZinger has obtained about your DealZinger account or shopping behavior: (i) to agents and licensors of DealZinger or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner. Further, you authorize DealZinger to receive any account information from any Affiliated Merchant including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to DealZinger. You allow DealZinger to collect and use non- personalized marketing information regarding visits and related to and purchases made from internet commerce sites.
2. By signing up for membership at DealZinger, you agree to receive communications that are account and membership related (e.g. New features are available on the DealZinger site, etc) as well as periodic shopping-related emails that highlight coupons & special deals that are available to DealZinger members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the “Settings” link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you can't unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. These are not promotional emails, and are only used to notify you of important membership related information, and so forth. If you don't wish to ever hear from us at all then you can close down your account by contacting customer service.

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DISCLAIMER

1. THE DEALZINGER PROGRAM AND THE “COOKIES” FEATURE ARE BEING PROVIDED TO MEMBERS "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALZINGER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE “COOKIES” FEATURE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
2. DEALZINGER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH DEALZINGER.COM. IN ADDITION, ALTHOUGH DEALZINGER INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE DEALZINGER WEB SITE, DEALZINGER DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, DEALZINGER DOES NOT WARRANT THAT ACCESS TO THIS SITE OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DEALZINGER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE THE “COOKIES” FEATURE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO KEEP TRACK OF PURCHASED ITEMS WITH AN AFFILIATED MERCHANT.

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LIMITATION OF LIABILITY

1. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH DEALZINGER HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF DEALZINGER OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY DEALZINGER. IN NO EVENT SHALL DEALZINGER BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) DEALZINGER.COM; (II) ANY FAILURE, DELAY, OR DECISION BY DEALZINGER IN ADMINISTERING DEALZINGER.COM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE “COOKIES” FEATURE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE “COOKIES” FEATURE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF DEALZINGER, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
2. MEMBER AGREES TO INDEMNIFY AND HOLD DEALZINGER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF DEALZINGER.COM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.

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TERMINATION OR CHANGES TO MEMBERSHIP AGREEMENT

1. DealZinger reserves the right to terminate membership at any time with notice. Notification of membership termination will be sent to the email address you provide to DealZinger during the registration process. DealZinger will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of DealZinger, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform DealZinger of a change in your email address.

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1. DealZinger may modify this Agreement from time to time, with or without notice, and your continued participation after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms of Service page of the DealZinger Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation. You may also contact customer support to have your account deactivated, in which case you immediately forfeit all rights and privileges associated with being a DealZinger Member and are subsequently no longer bound by the DealZinger Terms & Conditions stated herein. However, DealZinger reserves the right, henceforth, to use any acquired information of yours that was allowable by, as well as constrained by, the last installment of the Terms & Conditions Agreement by which you consented to.

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TERMINATION OF MEMBERSHIP

1. Membership is subject to the Terms and Conditions. Any failure to comply with the Terms and Conditions, any fraud or abuse, or any misrepresentation of any information furnished to DealZinger or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership, cancellation of your DealZinger account. DealZinger also reserves the right to close accounts that have been inactive for more than 12 months. We call these 'Dead Accounts'. Inactivity is defined as no tracked visits, either cookied or manually logged in. Any Dead Account will no longer allow user login under that username and password. We'd much rather have a happy customer than a closed account, but if you haven't come by in a year, and haven’t responded to any of our emails over the course of a year, DealZinger can close the account.

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DISPUTES/ERRORS

1. All questions or disputes, including without limitation, questions or disputes regarding eligibility, must be submitted in writing within 60 days of the dispute/error, to DealZinger at: Customer Service, DealZinger LLC, 2801 Main St #412, Irvine, CA 92614. Any such disputes shall be resolved by DealZinger at its sole discretion. All interpretations of the Terms and Conditions shall be at the sole discretion of DealZinger. In the event that an error is made by DealZinger, your sole remedy shall be to have us fix the error. As a member, you waive your rights to seek any monetary damages from DealZinger, LLC.

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MISCELLANEOUS

1. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the DealZinger website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Orange. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. DealZinger' failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between DealZinger and the Affiliated Merchants or between DealZinger and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on DealZinger's behalf. This Agreement constitutes the entire agreement between you and DealZinger with respect to the Program.