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TERMS AND CONDITIONS OF SERVICE
Below is an agreement with respect to your use of Done Deal
Pro's online services. In order to access Done Deal Pro's website and make
use of its online services, you must enter into this agreement (which would
cause you to be bound by all of its terms and conditions). We strongly advise
that before reaching a decision as to whether you are willing to enter into
this agreement, you print this agreement in its entirety and review it
carefully and thoroughly to confirm that its terms and provisions fully meet
with your approval. By continuing to access or use this site, or any service on
this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF
SERVICE.
DONE DEAL PRO ("DoneDealPro.com") is the owner of this website. This agreement governs your
use of Done Deal Pro's website and online services as the same now exist and
may be hereinafter modified ("Online Services"). By continuing to access or use this site, you thereby will have accepted, and will have
acknowledged, understood and agreed to be bound by, all of the terms and
conditions set forth in this Agreement (just as if you had signed this
Agreement), including without limitation of the foregoing, those terms and
conditions of this Agreement which relate to payments by you for access to the
Online Service and those terms and conditions of this Agreement restricting the
use of the Content (as hereinafter defined).
Done Deal Pro ("Done Deal Pro") provides the services subject
to these TOS. From time to time, Done Deal Pro may modify these TOS at any time
for any reason in its sole discretion, without notice. Done Deal Pro may post
an alert to registered users of a change to these
TOS (either on the homepage or via email). Accordingly, please continue
to review these TOS whenever
accessing or using this site and the Service. Your use of
the site, or any Service on this site, after the posting of
modifications to these TOS will constitute your acceptance of the TOS of service, as
modified. If, at any time,
you do not wish to accept the TOS, you may not use the site. Any TOS proposed by you which are in addition to or which conflict
with these TOS are expressly rejected by Done Deal Pro and shall be of no force
or effect.
1. User Consent
to Terms and Conditions of Service.
You represent that you have read and agree to be bound by the
terms and conditions of service ("TOS") for Done Deal Pro, including our
Privacy Policy, which you should review.
2. Intellectual
Property.
This Web site, including but not limited to text, content,
photographs, video, audio, graphics software and source code (the "Service"),
is protected by copyrights, trademarks, service marks, international treaties
and/or other proprietary rights and laws of the U.S. and other countries, and
may not be displayed, reproduced, distributed, modified or used in any other
manner except with the written permission of Done Deal Pro. The Service is also
protected as a collective work or compilation under U.S. copyright and other
laws and treaties. All individual elements making up the Service are also
copyrighted works. You agree to abide by all applicable copyright and other
laws, as well as any additional copyright notices or restrictions contained in
the Service or the TOS. The
Content on this Web Site is for personal use only and not for commercial
exploitation. You may not decompile, reverse engineer, disassemble, rent,
lease, loan, sell, sublicense, or create derivative works from the Web Site or
the Content. Nor may you use any network monitoring or discovery software to
determine the site architecture, or extract information about usage or users.
You may not use any robot, spider, other automatic device, or manual process to
monitor or copy our Web Site or the Content without Provider's prior written
permission. You may not copy, modify, reproduce, republish, distribute,
display, or transmit for commercial, non-profit or public purposes all or any
portion of the Web Site, except to the extent permitted above. You may not use
or otherwise export or re-export the Web Site or any portion thereof, the
Content or any software available on or through the Web Site in violation of
the export control laws and regulations of the United States of America. Any
unauthorized use of the Web Site or its Content is prohibited.
3. Use of Material
Done Deal Pro authorizes you to access and use the Service
solely for your personal, non-commercial use. You may not sell or modify the
Service, and you may not reproduce, display, publicly perform, distribute, or
otherwise use the Service in any way for any public or commercial purpose. As
an express condition of your use of the Service, you warrant to Done Deal Pro
that you will not use the Service for any unlawful purpose or purpose
prohibited by this Agreement. If you violate any part of this Agreement, your
permission to use the Service automatically terminates and you must immediately
destroy any copies you have made of any material obtained through the Service.
Done Deal Pro makes no representation that the Service is legal or appropriate
for use outside of the United States or that it is authorized for export from
the United States or import into any other country. You are solely responsible
for complying with all import and export laws and regulations and all
applicable laws of any jurisdiction outside of the United States from which you
may access the Service.
4. Member Conduct
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not Done Deal Pro, are entirely responsible for all Content that
you upload, post, email or otherwise transmit via the Service. Done Deal Pro
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is inaccurate,
incomplete, offensive, indecent or objectionable. Under no circumstances will
Done Deal Pro be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
-
Upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
-
Impersonate any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
-
Upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
-
Upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party;
-
Upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
-
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
-
Interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
-
Intentionally or unintentionally violate any applicable local, state, national
or international law;
-
"Stalk" or otherwise harass another; or
-
Collect or store personal data about other users.
5. Use Of Web Forums At Your Own Risk.
The Done Deal Pro Service may contain bulletin board services,
chat areas, news groups, forums, communities and other message and
communication facilities (collectively "Forums"). Done Deal Pro does not
control the files, information, or messages (collectively, "Information")
delivered to or displayed in the Forums, unless otherwise noted therein, and
Done Deal Pro assumes no duty to, and does not, monitor or endorse Information
within the Forums, nor does Done Deal Pro represent or guarantee the
truthfulness, accuracy or reliability thereof or that the Information complies
with the terms of these TOS. Done Deal Pro reserves the right at all times to
edit, refuse to post, or to remove any Information, in whole or part, that Done
Deal Pro, in its sole discretion, deems inappropriate for inclusion in the
Forums. Done Deal Pro reserves the right to expel you from or suspend your access to
some or all of the Forums for violating the law or these TOS. The Forums are
public and not private communications and may be read by others without your
knowledge or permission. Although a particular community may have a policy of
limited membership or access, Done Deal Pro shall have no liability if
unauthorized persons nevertheless obtain access to the community. Your use of
the Forums is at your own risk and you must be careful about disclosing your
personal information. You acknowledge and agree that Done Deal Pro may preserve
Content and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary
to: comply with legal process; enforce the TOS; respond to claims that any
Content violates the rights of third-parties; or protect the rights, property,
or personal safety of Done Deal Pro, its users and the public. You understand
that the technical processing and transmission of the Service, including your
Content, may involve transmissions over various networks and Done Deal Pro may
need to make changes to conform and adapt to technical requirements of
connecting networks or devices.
6. Restrictions on Use.
You agree not to use, transfer, distribute or dispose of any
information contained in the Service in any manner that could compete with the
business of Done Deal Pro. You agree to protect the proprietary rights of Done
Deal Pro and all others having rights in the Service and Content during and
after the term of this agreement and to comply with all reasonable written
requests made by Done Deal Pro or its suppliers of content, equipment or
otherwise to protect their and others' contractual, statutory and common law
rights in the Service. You agree to notify Done Deal Pro in writing promptly
upon becoming aware of any unauthorized access or use of the Service by any
party or of any claim that the Service infringes upon any copyright, trademark
or other contractual, statutory or common law rights.
7. Further Restrictions on Use.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE,
DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY,
UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY
PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE
AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED
THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF
THE SERVICE'S CONTENT WOULD BE A VIOLATION OF DONE DEAL PRO'S COPYRIGHT AND
OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE
SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT
LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR
HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF DONE
DEAL PRO. FURTHERMORE, YOU MAY NOT
USE ANY OF DONE DEAL PRO'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY
MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE
ASSOCIATED WITH YOU OR ARE USED WITH DONE DEAL PRO'S CONSENT, AND YOU
ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND
MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN
UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF DONE DEAL PRO'S
TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM
MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR
ENTITY USING THE SERVICE.
YOU FURTHER AGREE THAT YOU MAY NOT USE WEB-ACCELERATED
BROWSERS OR PRODUCTS (INCLUDING
BUT NOT LIMITED TO NETJET, NETSONIC, MSIECRAWLER AND TELEPORT-PRO), OR OTHER
APPLICATIONS THAT ARE CAPABLE OF COPYING LARGE PORTIONS OF CONTENT
FROM THE SITE. DONE DEAL PRO CAN DETECT THE USE OF THESE SYSTEMS THROUGH
LIVE LOGFILE ANALYSIS AND
WILL BAN ANY FUTURE USE BY OFFENDERS. YOU MAY NOT USE ANY DEVICE, SOFTWARE OR
ROUTINE OR THE LIKE TO INTERFERE OR ATTEMPT TO INTERFERE WITH ANY SITE
FUNCTIONALITY; TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR
DISPROPORTIONATELY LARGE LOAD ON THE SITE INFRASTRUCTURE; USE ANY E-MAIL
ADDRESSES APPEARING ON THE
SITE FOR PURPOSES NOT RELATING SPECIFICALLY TO THE SITE; ACCESS THE SITE
BY ANY MEANS OTHER THAN THROUGH THE INTERFACE THAT IS PROVIDED BY DONE
DEAL PRO, OR ATTEMPT TO
ACCESS ANY AREA OF THE SITE TO WHICH YOUR ACCESS IS NOT AUTHORIZED;
OR REVERSE ENGINEER, REVERSE ASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER
ANY SOURCE CODE RELATING TO
THE SITE, EXCEPT TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY
PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.
8. License.
You acquire absolutely no rights or licenses in or to the
Service and materials contained within the Service other than the limited right
to utilize the Service in accordance with the TOS. Should you choose to
download content from the Service, you must do so in accordance with the TOS.
Such download is licensed to you by Done Deal Pro ONLY for your own personal,
noncommercial use in accordance with the TOS and does not transfer any other
rights to you.
9. Rights
Reserved.
All present and future rights in and to trade secrets,
patents, copyrights, trademarks, service marks, know-how and other proprietary
rights of any type under the laws of any governmental authority, domestic or
foreign, including rights in and to all applications and registrations relating
to the Service (the "Intellectual Property Rights") shall, as between you and
Done Deal Pro, at all times be and remain the sole and exclusive property of
Done Deal Pro. All present and future rights in and title to the Service
(including the right to exploit the Service and any portions of the Service
over any present or future technology) are reserved to Done Deal Pro for its
exclusive use. Except as specifically permitted by the TOS, you may not copy or
make any use of the Service or any portion thereof. Except as specifically
permitted herein, you shall not use Done Deal Pro's Intellectual Property
Rights or the Service, or the names of any individual participant in, or
contributor to, the Service, or any variations or derivatives thereof, for any
purpose, without Done Deal Pro's prior written approval.
10. Fees and
Payments.
(a) You agree to make payments to Done Deal Pro in accordance
with the pricing option you selected. Such payment option has been selected by
you by clicking on the selected option. The payment option as of the date of
this Agreement is for twelve months.
(b) You acknowledge, understand and agree that such charges
shall be billed to your credit card.
(c) In the event that these charges are subject to use or
sales tax, you agree that any such tax shall be added to such charges and shall
result in additional charges to your credit card.
You shall pay all fees and charges incurred through your
account at the rates in effect for the billing period in which such fees and
charges are incurred, including but not limited to charges for any products or
services offered for sale through the Service by Done Deal Pro or by any other
vendor or service provider. All fees and charges shall be billed to you, and
you shall be solely responsible for their payment. You shall pay all applicable
taxes relating to the use of the Service through your account, and the purchase
of any other products or services. Certain portions of the Service or the
Service as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee,
and all taxes and other fees related thereto will be paid by you in advance. In
no event will you receive any portions of the Service or the Service as a whole
if a Prepaid Fee is required unless Done Deal Pro receives all fees and charges
payable by you, including the Prepaid Fee.
11. Registration and Account Creation.
As part of the registration and account creation process
necessary to obtain access to portions of the Service that require a fee or
payment, you will select a subscriber identification ID and a password. You
will provide Done Deal Pro with certain registration information, all of which
must be accurate and updated. You shall not (i) select a subscriber ID already
used by another person; (ii) use a subscriber ID in which another person has
rights without such person's authorization; or (iii) use a subscriber ID or
password that Done Deal Pro, in its sole discretion, deems offensive or
inappropriate. You shall be solely responsible for maintaining the
confidentiality of your password. You shall immediately notify Done Deal Pro at
webmaster@donedealpro.com of any
known or suspected unauthorized use(s) of your account, or any known or suspected breach
of security, including loss, theft, or unauthorized disclosure of your password or
credit card information. You are solely responsible for all usage or activity on
your Done Deal Pro account, including but not limited to use of the account by
any third party authorized by you to use your subscriber ID and password. Any fraudulent,
abusive, or otherwise illegal activity may be grounds for termination of your
account, in Done Deal Pro's sole discretion, and Done Deal Pro may refer you to
appropriate law enforcement agencies. You may terminate your account at any
time by sending an e-mail to webmaster@donedeal.pro.
Upon termination, you will receive confirmation via e-mail that the request was received,
and your account will be terminated within two (2) business days. You are responsible
for all charges, if any, incurred up to the time the account is terminated.
12. Disclaimer and Limitation of Liability.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK
AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT
NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE
PROVIDED "AS IS" AND THAT DONE DEAL PRO MAKES NO WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY,
NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
Done Deal Pro does not warrant that the Service is compatible with your
equipment or that the Service is free of errors or viruses, worms or "Trojan
horses" and is not liable for any damage you may suffer as a result of any such
destructive features. You agree that Done Deal Pro, its suppliers and its
third-party agents shall have no responsibility or liability for (i) any injury
or damages, whether caused by the negligence of Done Deal Pro, its employees,
subcontractors, agents, suppliers or otherwise arising in connection with the
Service and shall not be liable for any lost profits, losses, punitive,
incidental or consequential damages or any claim against Done Deal Pro by any
other party or (ii) any fault, inaccuracy, omission, delay or any other failure
in the Service caused by your computer equipment or arising from your use of
the Service on such equipment. The content of other Web sites, services, goods
or advertisements that may be linked to the Service is not maintained or
controlled by Done Deal Pro. Done Deal Pro is therefore not responsible for the
availability, content or accuracy of other Web sites, services or goods that
may be linked to, or advertised on, the Service. Done Deal Pro does not (a)
make any warranty, express or implied, with respect to the use of the links
provided on, or to, the Service, (b) guarantee the accuracy, completeness,
usefulness or adequacy of any other Web sites, services, goods or
advertisements that may be linked to the Service or (c) make any endorsement,
express or implied, of any other Web sites, services, goods or advertisements
that may be linked to the Service. Done Deal Pro is also not responsible for
the reliability or continued availability of the telephone lines and equipment
you use to access the Service. You understand that Done Deal Pro and/or
third-party contributors to the Service may choose at any time to inhibit or
prohibit their content from being accessed under the TOS.
13. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, SHALL DONE DEAL PRO, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE
LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A DONE DEAL PRO AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM
USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR
ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR
ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential damages. In
no event shall Done Deal Pro's total liability to you for all damages, losses
and causes of action (whether in contract or tort, including but not limited
to, negligence) exceed the amount paid by you, if any, for accessing this site.
In agreeing to the foregoing, you acknowledge and understand
that you may be waiving rights with respect to claims that are at this time
unknown or unsuspected and in accordance with such waiver, you hereby
acknowledge that you have read and understand, and expressly hereby waive with
respect to any such claims any and all rights and benefits of, Section 1542 of
the Civil Code of California, which states:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his
settlement with the debtor."
14. Representations
and Warranties.
You represent, warrant and covenant that: (a) you have the
power and authority to enter into this agreement; (b) you are at least eighteen
(18) years old; (c) you shall not use any rights granted hereunder for any
unlawful purpose; and (d) you shall use the Service only as set forth in the
TOS.
15. Indemnification.
You agree to indemnify and hold Done Deal Pro, and its
subsidiaries, affiliates, officers, agents, suppliers, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another. You agree to pay any and all costs, damages
and expenses, including, but not limited to, reasonable attorneys' fees and
costs awarded against or otherwise incurred by or in connection with or arising
from any such claim, suit, action or proceeding attributable to any such claim.
16. Termination.
Either you or Done Deal Pro may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. The TOS will terminate immediately without notice from Done Deal Pro if you, in Done Deal Pro's sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by Done Deal Pro, you must immediately cease all use of the Service and destroy all materials obtained from the Service and any copies thereof. This Agreement and the license rights granted hereunder shall remain in effect during the entire term of the AGREEMENT. SUBSCRIBER may choose to cancel during the term of the AGREEMENT. Regardless of the reason for cancellation or termination, the periodic access/subscription fees paid by SUBSCRIBER are non-refundable. If SUBSCRIBER has made an advance payment for access, the advance payment paid by SUBSCRIBER is non-refundable, regardless of the reason for cancellation. Done Deal Pro reserves the right to immediately terminate SERVICE upon failure of SUBSCRIBER to make payment when due or if SUBSCRIBER violates any of the terms and conditions of this Agreement.
17. Governing Law.
The TOS shall be governed and construed in accordance with the
laws of the United States and the State of California, without giving effect to
conflicts-of-law principles thereof. You agree to submit to the personal
jurisdiction of the state and federal courts located in Los Angeles County in
the State of California with respect to any legal proceedings that may arise in
connection with the Service or from a dispute as to the interpretation or
breach of the TOS.
18. Access Outside the United States.
Done Deal Pro does not represent that materials in the Service
are appropriate or available for use in countries outside the United States. If
you choose to access the Service from outside the United States, you are
responsible for compliance with foreign and local laws.
19. Miscellaneous.
You accept that Done Deal Pro has the right to change the
Content or technical specifications of any aspect of the Service at any time at
Done Deal Pro's sole discretion. You further accept that such changes may
result in your being unable to access the Service.
20. Headings.
The section titles in the TOS are used solely for the
convenience of you and Done Deal Pro and have no legal or contractual
significance.
21. Severability.
If any provision of the TOS is found invalid or unenforceable,
that provision will be enforced to the maximum extent permissible, and the
other provisions of the TOS will remain in force.
22. Entire
Agreement.
The TOS and any other terms and conditions of service on Done
Deal Pro, and its successor, constitute the entire agreement between you and
Done Deal Pro and govern your use of the Service.
23. Copyright Agent
Done Deal Pro respects the intellectual property of others,
and we ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide Done
Deal Pro's Copyright Agent the following information:
-
An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
-
A description of the copyrighted work that you claim has been infringed;
-
A description of where the material that you claim is infringing is located on
the site;
-
Your address, telephone number, and email address;
-
A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
-
A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
24. Assignability
This agreement may not be assigned, in whole or in part, by
you without the express
prior written approval of Done Deal Pro.
25. Force Majeure
Done Deal Pro shall not be liable or deemed to be in default
for any delays or failure in performance or interruption of the Services
resulting directly or indirectly from any cause of circumstances beyond the
control of Done Deal Pro, including but not limited to, Acts of God, acts of
public enemy, war, accident, fires, electrical failures, telephone system
failures, restraining orders or decrees of any court, strikes, postal delays,
explosions, governmental orders, or regulations.
26. Passwords & Security.
You are entirely responsible for maintaining the confidentiality of your Done
Deal Pro password and account. Furthermore, you are entirely responsible for
any activities that occur through your account. If you need to change your
password for any reason you can do so via our website, or contact us via
email at webmaster@donedealpro.com.
Please notify Done Deal Pro immediately of any unauthorized use of your
account or any other breach of security.
27. Privacy.
Done Deal Pro respects the privacy of its users and
subscribers. Done Deal Pro will not disclose any personal information about you
or your use of this service except to conform to legal requirements or comply
with legal process. To read our
privacy policy please click here.
28. Message Boards.
The Done Deal Pro Message Board is moderated, but the material
posted in these areas is the SOLE responsibility of the individual authors.
Done Deal Pro is not responsible or liable for any intentional or unintentional
misrepresentations by the individuals utilizing our message board. Done Deal
Pro reserves the right to remove message board submissions deemed inappropriate
to the purpose of this website. In addition, your use of the message is a
privilege and is not part of the subscription fee to use and access the site.
You can and will lose your right to use the message board if you do not follow
the message board guidelines.
29. Revised Terms.
You acknowledge that Done Deal Pro may, from time to time,
post revisions to these Terms of Service, with or without notice.
30. License of Your Content to Done Deal Pro.
By uploading content to or submitting any materials for use on
the Web Site, you grant (or warrant that the owner of such rights has expressly
granted) Done Deal Pro a perpetual, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from and distribute such materials or incorporate such
materials into any form, medium, or technology now known or later developed
throughout the universe.
31. Advertisers.
This Web Site may contain advertising and sponsorship.
Advertisers and sponsors are responsible for ensuring that material submitted
for inclusion on the Web Site is accurate and complies with applicable laws.
Done Deal Pro will not be responsible for the illegality of or any error or
inaccuracy in advertisers' or sponsors' materials.
32. Registration.
Sections of this Web Site require you to register and
subscriber to our services. If registration is requested, you agree to provide
Done Deal Pro with accurate, complete registration information. It is your
responsibility to inform Done Deal Pro of any changes to that information. Each
registration is for a single person only, unless specifically designated
otherwise on the registration page. Done Deal Pro does not permit a) any other
person using the registered sections under your name; or b) access through a
single name being made available to multiple users on a network. You are
responsible for preventing such unauthorized use. If you believe there has been
unauthorized use, you must notify Done Deal Pro immediately by emailing:
webmaster@donedealpro.com.
33. Errors and Corrections.
Done Deal Pro does not represent or warrant that the Web Site
will be error-free, free of viruses or other harmful components, or that
defects will be corrected. Done Deal Pro does not warrant or represent that the
information available on or through the Web Site will be correct, accurate,
timely, or otherwise reliable. Done Deal Pro may make improvements and/or
changes to its features, functionality or Content at any time.
34. Unauthorized Use
SUBSCRIBER also agrees that any unauthorized use of the SERVICE (and any data derived there from) may result in immediate termination of the Agreement, without refund of any pre-paid fees. SUBSCRIBER represents and warrants that the information provided during the subscription process is true and accurate. Done Deal Pro reserves the right to terminate SUBSCRIBER's access to the SERVICE in the event that SUBSCRIBER provides any false information to Done Deal Pro as part of the subscription process, without refund of any pre-paid fees. In the event of such termination, SUBSCRIBER will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which Done Deal Pro may be entitled.
35. Password Disclosure
SUBSCRIBER shall select a unique user name and password to obtain access to the SERVICE. SUBSCRIBER shall be solely responsible for the confidentiality and use of the SERVICE using SUBSCRIBER's user name and password. SUBSCRIBER shall be solely responsible for any and all activity, including without limitation, any and all charges incurred by a third party under SUBSCRIBER's user name and password. SUBSCRIBER shall not share the username and ID with any third party, and SUBSCRIBER will provide Done Deal Pro with accurate, complete registration information (including in particular SUBSCRIBER's e-mail address) and inform Done Deal Pro of any changes to such information. If at any time SUBSCRIBER should learn or suspect that SUBSCRIBER'S password has been obtained by a person not authorized by SUBSCRIBER to use it, SUBSCRIBER agrees to immediately notify Done Deal Pro at webmaster@donedealpro.com. Upon receiving such notice, Done Deal Pro will assign a new password to SUBSCRIBER without charge.
36. Delays in SERVICE
Neither Done Deal Pro, nor its respective officers, directors, employees, affiliates or agents shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which they have no direct control, or any loss resulting from the contents of the SERVICE, or any errors in the transmission thereof. Done Deal Pro will have no responsibility to provide SERVICE to SUBSCRIBER during interruptions of SERVICE.
37. Equipment
SUBSCRIBER shall provide all telephone, modem, internet connection, intranet connection, extranet connection and other equipment necessary to access the SERVICE via SUBSCRIBER'S personal computer and the costs of any such equipment and telephone connections or use, including any applicable taxes, shall be borne by SUBSCRIBER.
38. LIMITATIONS OF LIABILITY, INDEMNITY
Notwithstanding the enforceability or non-enforceability of any other provision of this agreement, company and SUBSCRIBER hereby agree that Done Deal Pro’s maximum aggregate liability to SUBSCRIBER for any claims arising from or related to this agreement, whether in contract, tort or otherwise, shall be limited in an amount equal to (a) $23.95, or (b) ten percent (10%) of all sums paid by SUBSCRIBER to company under this agreement; whichever is greater. This provision shall survive termination of this agreement.
39. Recovery of Fees
SUBSCRIBER agrees that if Company takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Company shall be entitled to recover from SUBSCRIBER (and SUBSCRIBER agrees to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
This Site is owned and operated by:
Industry Arts
8306 Wilshire Blvd, #622
Beverly Hills, CA 90211
Phone: 855-503-5500
Email: contact@donedealpro.com
Please e-mail us with any and all questions about subscriptions, account help, etc.
See our FAQ page for frequent questions.
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