Welcome to the Dave's Deals Platform.
BY ACCESSING OR USING THE PLATFORM YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.
If you are accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Terms
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
- ABOUT THE TERMS
- ABOUT THE PLATFORM
- REGISTERING FOR AN ACCOUNT
- FEES AND PAYMENT TERMS
- USER CONDUCT GUIDELINES
- INTELLECTUAL PROPERTY OWNERSHIP
- THIRD-PARTY TERMS
- WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
- GOVERNING LAW & DISPUTE RESOLUTION
1. ABOUT THE TERMS
1.1 KEY TERMS
- “Platform” refers, collectively, to the Website, and other technology provided by Dave's Deals.
- “Your Content” refers to videos, text, photos, information, and other content captured, recorded, streamed, stored, shared, or otherwise made available or caused to be made available by you and all of the Users under both your administrative and corporate subaccounts.
- “Users” means any and all persons that access or use the Platform. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the Website and accessing or using the content.
- “Website” refers to the e-commerce website owned or operated by Dave's Deals (currently located at https://dave.deals/). References to the “Website” include any and all features, functionality, tools, and content available on or through each such website.
- Dave's Deals, “we”, or “us” refer to Surf OpCo, LLC. and our officers, directors, employees, contractors, and agents.
1.2 Platform Rules and Supplemental Terms
- Your obligation to comply with all applicable laws and regulations;
- Limitations of our liability to you; and
- A requirement that you pursue claims or seek relief against us (including monetary, injunctive, and declaratory relief) on an individual basis, rather than as a participant in any class or representative action or proceeding.
Your access to and use of the Platform is conditioned on your acceptance of and compliance with these terms.
1.3 Amendment of Terms
Dave's Deals reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update, or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Platform after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Platform.
No other modification, amendment, or supplement of or to the Terms will be binding on Dave's Deals unless it is in writing and signed by an authorized representative of Dave's Deals.
1.4 Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Platform and may subject you to civil and criminal penalties..
2. ABOUT THE PLATFORM
2.1 License to Use
Subject to your compliance with the Terms, Dave's Deals grants you a limited non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use the Platform on each mobile device that you own or control, for your own internal business purposes only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by Dave's Deals, in the manner permitted by the Terms.
You affirm that you have read the foregoing and acknowledge that:
- Dave's Deals does not and cannot guarantee that the platform will be continuous and/or error-free.
- If your mobile or data plan services or access to the internet or our platform is/are suspended, canceled, and/or terminated (e.g., as a result of billing issues or other breaches), you may not be able to use some or all of the Platform.
- You are exclusively responsible for your use of the Platform and Your Content. Abuse of the Platform may subject you to civil and/or criminal fines and/or penalties.
2.3 Modifications and Updates to the Platform
Dave's Deals reserves the right, in its sole discretion, to modify or discontinue offering the Platform and/or content, in whole or in part, or any features, functionality, tools, or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Your Content at our sole discretion at any time without prior notice to you.
2.4 International Users
The Platform is controlled and operated within the United States and is not intended for use outside of United States. You are hereby prohibited from accessing or using the Platform from any territory where the Platform or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the Platform from a location outside United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
3.1 Account Registration
While certain areas of the Website are publicly available, you must register for a user account before you are able to purchase products. You may register to create an account directly via the Website.
Designated administrators will set up a primary account, and will designate the individuals who are eligible to sign up for subaccounts. Administrators for each client will have access to manage and view activities associated with the subaccounts registered to that client. (For simplicity, both accounts and subaccounts will be referred to hereafter as “accounts”).
3.2 Account Set-Up
You agree to provide complete, accurate, and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate, and up-to-date
When you and your Users create an account or subaccount, you will be asked to create a username and password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Dave's Deals account or any other account that you may connect to your Dave's Deals account. You agree not to disclose your username or password to any third party, and you agree to immediately notify Dave's Deals of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. Dave's Deals cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements
3.3 Account Suspension and Cancellation
You may cancel your account or any corporate subaccounts at any time.
We may, at our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate, or cancel your account and take technical and legal steps to prevent you from using our Platform at any time for any reason, and (ii) screen or delay the posting or delivery of Your Content.
Dave's Deals reserves the right to suspend or terminate your account or your access to the Platform if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive, and/or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “General User Conduct” section below and elsewhere in the Terms.
If your account is deactivated or canceled, Dave's Deals will have the right, but not the obligation to delete Your Content.
If Dave's Deals has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Dave's Deals’ reasonable satisfaction.
4. FEES AND PAYMENT TERMS
If Dave's Deals is unable to successfully charge your credit card or payment account for fees due, or invoices are not paid in full when due, we reserve the right to restrict or suspend access to your account or terminate your account (including, any employee accounts associated with your account). If you terminate your account for any reason or if we terminate your account due to a breach, such termination will be effective immediately, and you will be immediately billed for any unbilled fees incurred prior to the effective date of termination. You will not receive a refund for any amounts you already paid for that billing period. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.
We may contact you via email regarding your account, for example, in connection with a problem with your credit card or payment account.
4.2 No refunds
Except as stated in Dave's Deals’ business policies, or as Dave's Deals otherwise agrees or states in writing, all fees and charges are nonrefundable.
4.3 Third Party Charges and Mobile Alerts
You are solely responsible for any fees or charges incurred to access the Platform through an internet access provider or other third parties, including without limitation data charges incurred if you are not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that Dave's Deals is not liable in any way for any third-party charges.
5. USER CONDUCT GUIDELINES
Any time you access or use the Platform, you are required to comply with our User conduct guidelines, as set forth below.
You are not authorized to access or use the Platform:
- to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations, or intentions;
- to collect, store or use any information from or about another User, other than to provide aid to such User or as otherwise authorized and intended by such User;
- to “stalk” or harass any other User;
- to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- if you are not able to form legally binding contracts (for example, if you are under 18);
- if you are a person barred from receiving services under the laws of the United States or other applicable jurisdictions; and
- for any other purposes that are not expressly permitted by the Terms.
Further, you may not:
- access, copy, distribute, share, publish, use or store, or prepare derivative works from any content that belongs to Dave's Deals, another User, or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
- share your user ID or transfer your account to another party without our consent;
- circumvent our systems, policies, and determinations as to your account status, including by attempting to access or use the Platform if your account has been suspended or canceled or you have otherwise been temporarily or permanently prohibited or blocked from using the Platform;
- access, search, collect information from, or otherwise interact with the Platform by “scraping,” “crawling” or “spidering” the Platform, by the use of any software, device, script, or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Dave's Deals, unless you have been specifically authorized to do so in a separate agreement with Dave's Deals;
- use, display, mirror, or frame the Platform or any feature, functionality, tool, or content of the Platform, Dave's Deals’ name, any Dave's Deals trademark, logo, or other proprietary information, or any of the foregoing owned by a third party and licensed to Dave's Deals, without v’s or such third party’s express written consent;
- interfere with, disrupt, damage, or compromise the Platform or our systems or the access of any User, host, or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Platform or otherwise impose an unreasonable or disproportionately large load on the Platform;
- access, tamper with, or use non-public areas of any of the Platform, Dave's Deals’ computer systems, or the technical delivery systems of Dave's Deals’ providers;
- probe, scan, or test the vulnerability of any system or network of Dave's Deals or its providers, or breach or circumvent any security or authentication measures of such system or network;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Dave's Deals or any of Dave's Deals’ providers or any other third party to protect the Platform;
- forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Platform to send altered deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the code or software used to provide the Platform;
- export or re-export the Platform, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- otherwise, abuse the Platform or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage, or assist any third party in doing any of the foregoing.
5.1 Responsibility for Your Content
Ultimately, all Your Content, whether publicly posted or privately transmitted, is your sole responsibility. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content. Under no circumstances will Dave's Deals be liable in any way for Your Content, including, but not limited to, any errors or omissions in Your Content, or any loss or damage of any kind incurred as a result of Your Content. We may, but are not required to monitor or control Your Content as captured, recorded, uploaded, streamed, shared, or stored on or through the Platform, and we cannot take responsibility for Your Content. Any use or reliance on Your Content is at your own risk.
6. INTELLECTUAL PROPERTY OWNERSHIP
6.1 The Platform
The Platform, including the Website, and all features, functionality, tools, and content thereof, is protected by copyright, trademark, patent, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and all intellectual property rights therein are the exclusive property of Dave's Deals and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Platform.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Dave's Deals (the “Dave's Deals Marks”) are the property of Dave's Deals, and that you are not permitted to use the Dave's Deals Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Platform in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Dave's Deals or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at Dave's Deals’ sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dave's Deals or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
6.2 Your Content
By capturing, recording, uploading, streaming, sharing, or storing Your Content, you hereby grant Dave's Deals a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publish and display Your Content in any and all media as necessary to provide the Platform to you, including, customer support services, and otherwise operate the Platform, including for product development and de-bugging purposes.
You agree that this license includes the right for Dave's Deals to provide, promote, and improve the Platform and Service and to make Your Content available to other companies, organizations or individuals who have a business relationship with Dave's Deals for such purposes, subject to our terms and conditions for such use. Such additional uses by Dave's Deals, or other companies, organizations, and/or individuals who partner with us, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt said Content to any requirements or limitations of any networks, devices, services, or media.
Dave's Deals does not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to Dave's Deals under these Terms.
You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of Your Content by other users and our third-party partners.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to Your Content, and that neither Your Content, nor Dave's Deals’ use of Your Content (or any portion thereof) on or through the Platform will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Platform (“Feedback”). You may submit Feedback by e-mailing us, at firstname.lastname@example.org. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Dave's Deals. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Dave's Deals or its affiliates for any purpose whatsoever, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to Dave's Deals all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Dave's Deals’s rights in such improvements, enhancements, and modifications.
7. THIRD PARTY WEBSITES AND SERVICES
The Platform may also provide links to third-party websites, resources, or services. You acknowledge and agree that Dave's Deals is not responsible or liable for (i) the availability, terms, or practices of such websites, resources, or services, or (ii) the content, products, or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources, or services do not imply any endorsement by Dave's Deals of such websites, resources, or services or the content, products, or services available on or through such websites, resources, or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, or services or the content, products, or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products, or services available on or through such websites or services.
8. Warranties, Disclaimers, Limitation of Liability & Indemnification
8.1 Warranties by Users
You represent and warrant to Dave's Deals that:
- you have the power and authority to accept and agree to the Terms;
- you own or control all of the rights necessary to grant the rights and licenses granted herein;
- you will not violate any federal, state, or local laws, rules, or regulations, or infringe the rights of any third party in connection with Your Content or otherwise in connection with your access to or use of the Platform;
- the exercise by Dave's Deals of the rights granted by you hereunder will not cause Dave's Deals to violate any applicable laws, rules, or regulations, to infringe the rights of any third party; and
- all account information provided by you will be complete, accurate, and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate, and up-to-date
Except as expressly provided herein, the Platform and Content are provided “as is” and “as available” without warranty of any kind, express or implied. To the maximum extent not prohibited by applicable law, Dave's Deals expressly disclaims any and all warranties, whether expressed, implied, arising out of course of dealing or usage of trade, including warranties of merchantability, fitness for a particular purpose, non-infringement or title of rightful claim, warranties as to the reliability or availability of the Platform, or that use of the Platform will be uninterrupted or error-free, warranties as to the completeness, accuracy or timeliness of any Content
8.3 Limitation of Liability
You acknowledge and agree that, to the maximum extent not prohibited by law:
- the entire risk arising out of or relating to your use of the platform is, and remains, with you;
- without limiting the foregoing, Dave's Deals disclaims any and all liability related to your use of or inability to use the Platform;
- you acknowledge and agree that by accessing and using the Platform, and submitting and transmitting Your Content are done at your own discretion and risk, and you hereby release Dave's Deals and waive any and all claims and causes of action with respect to any damages caused by any of the foregoing; and
- in no event will Dave's Deals be liable for any indirect, incidental, special, exemplary, punitive, and/or consequential damages of any kind, or damages for lost revenues or profits, loss of data or loss of goodwill, services interruption, computer damage and/or system failure, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this agreement, whether based in warranty, contract, tort (including negligence) or any other legal theory, and whether or not Dave's Deals has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages as set forth in this section, so these limitations and exclusions apply to you only to the extent permitted by applicable law. In the event that the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, Dave's Deals’s aggregate liability arising out of or in connection with this agreement shall be limited to one hundred US dollars (US$100).
8.4 Basis of the Bargain
You acknowledge and agree that the warranty disclaimers and limitations of liability set forth above are essential elements of the basis of the bargain between Dave's Deals and you, and will survive and apply even if your remedies are found or alleged to have failed of their essential purpose.
Nothing in the terms further is intended to exclude or limit any condition, warranty, right, and/or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss and/or damage caused by negligence, breach of contract, breach of implied terms, and/or incidental or consequential damages, or exclusion of liability for loss or damage from death or personal injury. Accordingly, only the above limitations in this section VIII that are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent required by law.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Dave's Deals its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Platform, including any and all content and features, functionality, and tools available on and through the Website, (ii) Your Content, (iii) any interactions with any other User, (iv) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (v) your gross negligence or willful misconduct.
8.7 Obligation to Defend
You agree that, at Dave's Deals’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Dave's Deals may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Dave's Deals (which approval shall not be unreasonably withheld) unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
8.8 No Implied Indemnity
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
9. Governing Law & Dispute Resolution
Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and Dave's Deals have against each other are resolved..
9.1 Governing Law
The Terms shall be governed by and interpreted in accordance with the laws of Delaware without regard to conflict of law principles.
Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies, and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Houston, Texas before a single neutral arbitrator is appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple-plaintiff, and/or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
9.3 Jurisdiction and Venue
Subject to the above arbitration provisions, you and Dave's Deals agree that any and all disputes, claims, and actions, at law or in equity, arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, “Disputes”) in the federal or state courts located in Houston, Texas and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that Dave's Deals retains the right to submit a Dispute to any court of competent jurisdiction. Dave's Deals also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action, or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
9.4 Prohibition of Class and Representative Actions and Non-Individualized Relief
You agree that you may bring claims against Dave's Deals only on an individual basis and hereby waive the right to participate as a plaintiff or class member in any class action or representative proceeding, to the maximum extent not prohibited by applicable law. Further, unless boy you and Dave's Deals otherwise agree in writing, the court may not consolidate or join more than one person’s claims, and may not otherwise preside over any form of consolidated, representative, or class proceeding.
9.5 Future Amendments to this Section
All parties agree that if any amendment is made to this Dispute Resolution section (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against Dave's Deals prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and Dave's Deals. We will notify you of amendments to this section by posting the amended Terms on https://dave.deals/. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Platform immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Dave's Deals in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
10.2 Entire Agreement
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation, or sublicense without the foregoing consent will be null and void. Dave's Deals may assign, transfer, delegate, and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors, and assigns.
10.4 No Agency
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms.
10.5 Survival of Terms
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Dave's Deals (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity, or otherwise.
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
10.11 Third Party Beneficiaries
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
In the Terms, unless the context requires otherwise: (i) ”herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii) ”or” connotes any combination of all or any of the items listed, and (iii) ”including” (and any of its derivative forms) means “including but not limited to.”
10.13 Contact Us
If you have any questions or concerns, please contact Dave's Deals at email@example.com.
You can also write to us at:
Dave's Electronic Deals
8648 Glenmont Drive, Suite 130
Houston, TX 77036
10.14 California Residents
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Platform or requests to receive further information regarding the use of the Platform may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing-impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.