Terms and Conditions

Please read these website terms and conditions of use carefully. By accessing or using our website, you agree to be bound by these website terms and conditions of use and all terms incorporated by reference herein. If you do not agree to all of these terms, do not access or use the website.

INFORMATION WE COLLECT ABOUT YOU:

These Website Terms and Conditions of Use (‘Terms’) apply to your access to and use of www.retaildeal.biz or any other website or online or mobile application (collectively, the ‘Website’) RETAILDEAL, LLC, or their affiliates (‘RETAILDEAL’, ‘we,’ ‘us,’ or ‘our’). These Terms do not alter in any way the terms or conditions of any other agreement you may have with RETAILDEAL for financial products and services or otherwise. If there is a conflict between these Terms and any other agreement you may have with RETAILDEAL, then the terms of the other agreement shall control. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity´s behalf, and that such entity will be responsible to RETAILDEAL if you violate these Terms.

ELIGIBILITY

The Website is not targeted towards, nor intended for use by, anyone under the age of 18 or the age of legal majority under applicable law. If you are under such age, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

PRIVACY

Please refer to our Privacy Notice and Privacy Policy, which apply to the use of the Website and which are made a part of these Terms by this reference, for information about how RETAILDEAL collects, uses and discloses your information. By using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Website may be read or intercepted by others, notwithstanding RETAILDEAL´s efforts to protect such transmissions.

YOUR CUSTOMER ACCOUNT

Access to certain services and features of the Website may require you to create and use a customer account. You must: (a) provide accurate, truthful, current and complete information with respect to your customer account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others, restricting access to your account and not authorizing any other person to access or use the Website through your account; (d) promptly notify us if you discover or suspect any unauthorized access to your customer account or any other security breach related to the Website; and (e) take sole responsibility for all authorized and unauthorized activity that takes place with or through your customer account.

COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, the Website and all content and other materials made available on or through the Website, including, without limitation, the RETAILDEAL Logo and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof (collectively, the ‘RETAILDEAL Materials’) are the proprietary property of RETAILDEAL or our licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Website and the RETAILDEAL Materials for personal use only; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Website or the RETAILDEAL Materials, unless otherwise authorized by RETAILDEAL; (b) the distribution, public performance or public display of any RETAILDEAL Materials; (c) modifying or otherwise making any derivative uses of the Website and the RETAILDEAL Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Website, the RETAILDEAL Materials or any information contained therein, except as expressly permitted on the Website; or (f) any use of the Website or the RETAILDEAL Materials other than for their intended purposes.

Any use of the Website or the RETAILDEAL Materials other than as specifically authorized herein, without the prior written permission of RETAILDEAL , is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

TRADEMARKS

‘RETAILDEAL,’ ‘RETAILDEAL .com,’ ‘RETAILDEAL.com,’ the ‘RETAILDEAL Logo,’ and any other RETAILDEAL product or service names or slogans contained on the Website are registered or common law trademarks of RETAILDEAL , and may not be copied, imitated or used, in whole or in part, without the prior written permission of RETAILDEAL or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing ‘RETAILDEAL’ or any other name, trademark or product or service name of RETAILDEAL without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RETAILDEAL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. 

USER CONTENT AND CONDUCT

The Website may include interactive areas where you or other users can create, post or store content, messages, materials, data, graphics, information or other items or materials on the Website (collectively, ‘User Content’). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, rule or regulation;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, rule or regulation;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; or
  • User Content that, in the sole judgment of RETAILDEAL, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose RETAILDEAL or our users to any harm or liability of any type.

If you post User Content to the Website, you grant RETAILDEAL a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt and publish such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

You further agree that you are solely responsible for your conduct while using the Website, and you agree that you will not do any of the following in connection with the Website or our users:

  • Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
  • Access data that is not intended for you;
  • Impersonate, or otherwise misrepresent your affiliation with, a person or entity;
  • Invade the privacy of, obtain the identity of, or obtain any personal information about any RETAILDEAL customer or user of the Website;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send any unsolicited commercial messages;
  • Use the Website for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms; or
  • Circumvent or attempt to circumvent any filtering, security measures or other features.

Violations of system or network security may result in civil or criminal liability.

RETAILDEAL takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is RETAILDEAL liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at RETAILDEAL´s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules. Although RETAILDEAL has no obligation to screen, edit or monitor User Content, RETAILDEAL reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Website in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Website.

SUBMISSIONS

Any questions, comments, suggestions, materials or other information that you submit about RETAILDEAL our financial products and services, or our Website (collectively, ‘Submissions’), are non-confidential and shall become the sole property of RETAILDEAL. RETAILDEAL shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (‘DMCA’) and other applicable law, RETAILDEAL has adopted a policy of terminating, in appropriate circumstances and at RETAILDEAL´s sole discretion, users or account holders who are deemed to be repeat infringers. RETAILDEAL may also in its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

LOAN MATCHING SERVICE

RETAILDEAL´s loan matching service matches consumers with prospective lenders participating in RETAILDEAL´s direct network of small dollar loan lenders (‘Participating Lenders’). To use the service, you must complete one or more online application forms that request specific information from you, including, but not limited to, your name, address, telephone number, email address, social security number, banking account information, and employment information. RETAILDEAL´s collection and use of this information is subject to the Website´s Privacy Policy. In order to use the Website or the service, you must agree to the separate terms and conditions set forth in the Privacy Policy, which are incorporated herein by reference.

Once a consumer submits the application form(s) to RETAILDEAL, RETAILDEAL shares your information with one or more Participating Lenders. By submitting the application form(s), you understand and agree that you are submitting an inquiry about a loan product to RETAILDEAL and each of the Participating Lenders to whom RETAILDEAL transmits your loan request. By submitting the application form(s), you are extending an express invitation to RETAILDEAL and each of the Participating Lenders with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested.

Participating Lenders who receive your application information from RETAILDEAL review your information in real-time to determine whether your information meets the lender´s loan qualification criteria. Participating Lenders may, among other things, verify your social security number, perform a credit check, and review your information against national databases (such as Teletrack, Clarity Services, DP Bureau, or DataX) that tracks consumer transactions with lending institutions. By submitting the application form(s), you agree to allow Participating Lenders to review, verify, and research your information in such manner.

If a Participating Lender determines that your application meets its loan qualification criteria, the Website will open a new web page identifying the name(s) and contact information of the lender(s), or redirect your browser to the lender´s web site. You understand and agree that, once you have been redirected to the lender´s website, RETAILDEAL has no further involvement in the loan application or approval process. Your subsequent interactions with the lender are subject to the privacy policy, terms of use, and other policies and/or terms enforced by that lender.

RETAILDEAL does not make loans or credit decisions in connection with its loan matching service. RETAILDEAL does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Participating Lender. RETAILDEAL does not guarantee that the price, product, availability, rates, fees, or any other loan terms offered and made available by Participating Lenders through the loan matching service are the best terms available in the market.

RETAILDEAL does not endorse or recommend the products of any particular lender. RETAILDEAL is not an agent of you or any Participating Lender. RETAILDEAL is not involved with the lender´s use and/or review of your application information or in making a determination about whether you meet a particular lender´s loan qualification criteria. The lender is solely responsible for its services to you, and you agree that RETAILDEAL shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the loan matching service. You understand that Participating Lenders may keep your application information, whether or not you are qualified for a loan with them.

CONTROL OVER FEATURES, FUNCTIONS, AND ACCESS TO THE SERVICE

RETAILDEAL reserves the right to change any information, features and/or functions of the loan matching service without prior notice. RETAILDEAL may deny you access to all or part of the service without prior notice if you engage in any conduct or activities that RETAILDEAL determines, in its sole discretion, violate these Terms, the rights of RETAILDEAL or any third party, or is otherwise inappropriate. RETAILDEAL is not responsible for any errors or delays in providing the loan matching service caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.

USERS IN OTHER STATES OR COUNTRIES

Offers and services advertised on the Website may be void in some states. We maintain this Website from our corporate offices in Phoenix, Arizona, U.S.A., and make no representation that the Website or the RETAILDEAL Materials are appropriate or available for use in any other country.

LINKS TO THE WEBSITE AND OTHER WEBSITES

You may link to the Website, as long as you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link to the Website in a way that suggests any form of association, endorsement or approval on the part of RETAILDEAL where none exists, or link from any website that you do not own, or frame the Website on another website. We reserve the right to withdraw linking permission at any time in our sole and absolute discretion.

The Website may contain links to websites maintained by third parties (‘Linked Sites’). We are not responsible for the content or privacy policies of any Linked Sites, and the existence of such links should not be considered an endorsement or recommendation by RETAILDEAL of those websites, any product or service offered on or through those websites, or persons associated with those websites. Your use of any Linked Site, including payment for and the delivery of goods or services from a Linked Site, is based solely on the agreement (if any) between you the Linked Site provider.

DISCLAIMERS AND LIMITATION OF LIABILITY

RETAILDEAL PROVIDES THE WEBSITE ON AN ‘AS IS,’ ‘WHERE IS’ AND ‘WHERE AVAILABLE’ BASIS, WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION BY LAW. YOU ACKNOWLEDGE THAT NEITHER RETAILDEAL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. RETAILDEAL DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.

EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT RETAILDEAL WILL NOT BE LIABLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RETAILDEAL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE WEBSITE OR THE RETAILDEAL MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO RETALDEAL´S RECORDS, PROGRAMS OR SERVICES.

INDEMNIFICATION

You will defend, indemnify and hold harmless RETAILDEAL, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, damages, costs, liabilities and expenses, including but not limited to attorneys´ fees, arising out of your: (a) use of the Website; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Website. RETAILDEAL reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such claim or action.

DISPUTE RESOLUTION; ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RETAILDEAL AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and RETAILDEAL agree to submit any controversy, dispute or claim arising out of or relating in any way to these Terms, the Website, the products or services offered or provided by RETAILDEAL, or any acts or omissions for which you may contend RETAILDEAL is liable, including but not limited to any controversy or claim as to arbitrability (‘Dispute’), to final and binding arbitration, except that you and RETAILDEAL are not required to arbitrate: (i) any Dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, and (ii) any Dispute within the jurisdictional limits of small claims court, provided that you or RETAILDEAL bring such claim in small claims court. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

Except as set forth above, any dispute will be resolved finally, exclusively, and confidentially by binding arbitration in front of a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered by any court of competent jurisdiction in Maricopa County, Arizona. No arbitrator shall have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. This agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. EXCEPT AS PROVIDED HEREIN, THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND RETAILDEAL WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. BY USING RETAILDEAL´S PRODUCTS OR SERVICES OR THE WEBSITE, YOU CONSENT TO THESE RESTRICTIONS.

In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and RETAILDEAL, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Maricopa County, Arizona. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to a Dispute as defined herein must be filed within one (1) year after such claim or cause of action arose or be forever barred.

MISCELLANEOUS

  • Amendments. We may amend these Terms by providing you with notice of any such amendments. We will provide you with notice by posting the amended Terms to the Website and by revising the ‘Last Updated’ date at the bottom of these Terms. In our sole discretion, we may also provide you with more prominent notice of any amendments, such as via the homepage of our Website or via email. If you find any amended Terms unacceptable at any time, you must discontinue your use of the Website. By continuing to access or otherwise use the Website after any amended Terms have been posted to the Website, you agree to be bound by such amended Terms. For the avoidance of doubt, any amendment to these Terms will apply prospectively only.
  • Termination. RETAILDEAL reserves the right, without notice and in our sole discretion, to terminate your license to use the Website, and to block or prevent your future access to, and use of, the Website.
  • Assignment and Transfer. We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms or any additional terms, in whole or in part, at any time without notice. You may not assign your rights or obligations under these Terms or transfer any rights to use the Website to any third party without the prior written consent of RETAILDEAL. Also, these Terms are solely for your and our benefit, and not for the benefit of any other person, except for permitted successors.
  • Waiver and Severability. If we fail to assert or waive any term or condition of these Terms on occasion, that action may not be interpreted as a further or continuing waiver of the same term or condition or any other term or condition in the future. Similarly, in the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
  • Entire Agreement. These Terms constitute the sole and entire agreement between you and us with respect to the Website and the subject matter herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

QUESTIONS AND CONTACT INFORMATION

If you have any questions about these Terms or the practices of RETAILDEAL, please contact us by sending a letter to: RETAILDEAL, Attn: Compliance Department, 725 E. Covey Lane, Suite 200, Phoenix, AZ 85024. You may also email us at compliance@RETAILDEAL.com or call us at 888-901-8970.

Last Updated 4/18/2014

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