THIS IS A LEGAL AND BINDING CONTRACT BETWEEN YOU ("USER") AND DEALBOPPER ("DealBopper" or "dealbopper.com" or "www.dealbopper.com" or DealBopper, L.L.C.). THE FOLLOWING DESCRIBES THE TERMS ON WHICH DEALBOPPER OFFERS YOU ACCESS TO DEALBOPPER SERVICES AND THE DEALBOPPER.COM WEB SITE AND THE RULES BY WHICH YOU MUST ABIDE BY.  DEALBOPPER RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN DEALBOPPER'S SOLE DISCRETION.  USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE DEALBOPPER WEBSITE.

BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER DEALBOPPER SOFTWARE, SERVICES, WEBSITES OR ANY OF DEALBOPPER'S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.

1. Definitions.

Unless otherwise defined in this document, all capitalized words shall have the meaning set forth in the DealBopper Rules.

2. Amendments.

DealBopper, at its discretion, may amend this Agreement, the DealBopper Rules, the DealBopper fees, or the DealBopper Privacy Policy at any time by posting the amended terms at dealbopper.com. The amended terms of this Agreement, DealBopper fees, and DealBopper Privacy Policy shall automatically be effective 30 days after they are initially posted. The amended terms of the DealBopper Rules shall be immediately effective at the time of posting. User may receive copies of amendments by checking the box at the bottom of this page. This Agreement may not otherwise be amended except in a writing signed by both parties.

3. Rules.

By using the dealbopper.com web site or DealBopper Services, User agrees to follow the DealBopper Rules then in effect, as found in these Terms. USER FURTHER UNDERSTANDS THAT THEY MUST ADHERE TO THEIR GOVERNMENTS REGULATIONS ON BARTERING THEN IN EFFECT WHEN USING DEALBOPPER. INFORMATION ON U.S. REGULATIONS MAY BE FOUND HERE.

4. Eligibility for Membership.

DealBopper Services are available only to individuals who can form legally binding contracts under applicable law and who have completed the applicable Registration Form. Without limiting the foregoing, DealBopper services are not available to minors. If User does not qualify, please do not use DealBopper Services or the dealbopper.com web site.
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If DealBopper believes the information you provide is not correct, current, or complete, DealBopper has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

5. Fees and Costs.

User agrees to pay DealBopper the fees set forth in the DealBopper Fee Schedule or as otherwise noted within DealBopper.com. Unless otherwise stated, all fees are quoted in U.S. Dollars. User shall pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of a Transaction, excluding, however, income taxes of DealBopper.

6. Services.

The dealbopper.com web site is a venue for individuals to find, review, and purchase information relating to deals on various products, services, and travel. DealBopper IS NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN BUYERS, SELLERS, AND TRADERS unless where the User is notified in advance and acknowledges same by agreeing to purchase the deal. User acknowledges that DealBopper has no control over: (1) the Sellers' Listings, including, without limitation, quality, safety, legality, truth, or accuracy; (2) the ability of Sellers to sell or information relating to deals or purchases; (3) the ability of Buyers to buy or receive information relating to deals or purchases; (4) whether Sellers will complete a Transaction; or (5) whether Buyers will complete a Transaction. USER ASSUMES ANY AND ALL RISKS, KNOWN OR UNKNOWN, NOW EXISTING OR HEREAFTER ARISING, RELATED TO THE USE OF THE DEALBOPPER SERVICES OR DEALBOPPER.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN ANY TRADE, SALE, PURCHASE, AUCTION, BIDDING, LISTING, COMPLETING TRANSACTIONS, DEALING WITH FOREIGN NATIONALS, UNDERAGE PERSONS, OR PEOPLE ACTING UNDER FALSE PRETENSE; OR THE UNAUTHORIZED OR AUTHORIZED USE OF USER'S ACCOUNT AND PASSWORD.

7. Bidding, Buying, and Trading.

If User acting as a Buyer bids on an item and such bid is accepted by a Seller, such User shall complete the Transaction in accordance with the then-in-effect DealBopper Rules. UNDER NO CIRCUMSTANCES MAY YOU REPOST THE INFORMATION PURCHASED FROM DEALBOPPER WITHOUT EXPRESS WRITTEN PERMISSION, IN ADVANCE. VIOLATION OF THIS PROVISION WILL SUBJECT YOU TO NUMEROUS LEGAL INFRACTIONS, INCLUDING BUT NOT LIMITED BREACH OF CONTRACT.

8. Listing and Selling.

If User acting as a Seller lists a deal and receives one or more bids, such User shall complete the Transaction in accordance with the then-in-effect DealBopper Rules.

9. User Information.

User information includes any information User provides to DealBopper or other Users, including, without limitation, information provided in connection with registration, bidding or listing processes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, email, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group, or otherwise (collectively, "User Information"). User is solely responsible for User Information, and DealBopper acts as a passive conduit for User's online distribution and publication of User Information. User represents and warrants that User Information: (1) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (2) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (3) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (4) shall not be obscene, contain child pornography, or be pornographic or indecent; and (5) shall not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Furthermore, User shall not post on DealBopper's web site or sell or trade through DealBopper's web site any item that, by paying to DealBopper any fee, could subject DealBopper to any liability or cause DealBopper to violate any applicable law, statute, ordinance, or regulation. User grants DealBopper a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights in User Information, in any media now known or not currently known; provided, DealBopper shall use User Information only in accordance with the DealBopper Privacy Policy. This includes the ability to share information relating to any user without the prior consent of that user.

10. System Integrity.

User shall not use any device, software, or routine that interferes or attempts to interfere with the proper working of the DealBopper web site or any Transaction. User shall not take any action which imposes an unreasonable or disproportionately large load on DealBopper infrastructure. User shall not disclose or share User Passwords or Accounts with any third parties or use User Passwords or Accounts for any unauthorized purpose. User may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for itself using secondary user identification or third parties; leaving negative feedback for other Users using secondary user identification or third parties; or leaving negative feedback if a User fails to perform some action that is outside the scope of the Transaction.

11. Disputes.

Should a dispute arise between a Buyer, Seller, Trader and/or other User, DealBopper will not act as mediator between the involved parties. Resolution of disputes is the full and sole responsibility of the involved parties. User irrevocably releases DealBopper (and DealBopper's officers, agents, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

12. No Control.

DealBopper does not and cannot control the content of any Seller's, Trader's, or Buyer's listing, Buyer's bid or User's other communications. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.

13. No Warranty.

DEALBOPPER PROVIDES THE DEALBOPPER WEB SITE AND DEALBOPPER SERVICES "AS IS" AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEALBOPPER OR ITS AGENTS, OWNERS, OR EMPLOYEES SHALL CREATE A WARRANTY, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HOLD DEALBOPPER HARMLESS IN EVERY RESPECT, AND THAT DEALBOPPER PROVIDES ABSOLUTELY NO WARRANTY, IN THE EVENT THAT YOU HAVE ANY PROBLEM, DISPUTE, OR ANY OTHER TYPE OF ISSUE IN REGARDS TO A PURCHASE YOU MADE AFTER VISITING AND/OR PURCHASING INFORMATION FROM DEALBOPPER.

14. Indemnity.

User shall indemnify, defend, save, and hold harmless DealBopper and its officers, agents, representatives, and employees from and against any and all liability, loss, damage, cost, and expense, including reasonable attorneys' fees, paid or incurred by reason of: (1) any breach or claim of breach of any of User's representations, warranties, or covenants; (2) User's use of the DealBopper Services or DealBopper web site or participation in any Transaction; or (3) any dispute between User and another User or third party. The provisions of this paragraph shall survive any termination of this Agreement, in whole or in part, for any reason whatsoever.

15. Limit of Liability.

IN NO EVENT SHALL DEALBOPPER, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEB SITE OR THE DEALBOPPER SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DEALBOPPER WEB SITE OR THE DEALBOPPER SERVICES, EVEN IF DEALBOPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WHATSOEVER SHALL THE LIABILITY OF DEALBOPPER, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEB SITE OR THE DEALBOPPER SERVICES, TO USER OR ANY THIRD PARTIES EXCEED THE GREATER OF: (1) THE TOTAL FEES USER PAID TO DEALBOPPER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (2) TWENTY FIVE DOLLARS ($25.00).

16. General Compliance with Laws.

User shall comply with all applicable laws, statutes, ordinances, and regulations regarding User use of this web site, DealBopper Services, and User's Bidding on, Listing, purchase, trade, and sale of items. As stated in paragraph three (3), USER FURTHER UNDERSTANDS THAT THEY MUST ADHERE TO THEIR GOVERNMENTS REGULATIONS ON BARTERING THEN IN EFFECT WHEN USING DEALBOPPER. INFORMATION ON U.S. REGULATIONS MAY BE FOUND HERE.

17. Notices.

Except as explicitly stated otherwise, any notices shall be given by email to administration at support@dealbopper.com (in the case of DealBopper) or to the email address User provides to DealBopper during the registration process (in User case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, DealBopper may give User notice by certified mail, postage prepaid and return receipt requested, to the address provided to DealBopper during the registration process, if any. In such case, notice shall be deemed given three days after the date of mailing.

18. General.

This Agreement represents the complete and final agreement between the parties and supersedes any and all prior oral or written agreements in their entirety between Licensor and Licensee regarding the subject matter of this Agreement. This Agreement shall be deemed made and entered into in Broward County in the state of Florida and shall be governed and construed under and in accordance with the laws of the State of Florida. No conflicts-of-law rule or law that might refer such construction interpretation to the laws of another state, republic, or country shall be considered. The parties further acknowledge and agree that any legal action arising as a result of this Agreement shall occur in Broward County in the state of Florida, USA, and the parties agree to consent to jurisdiction and venue exclusively within the courts there. The parties covenant and agree that if either party fails or neglects for any reason to take advantage of any of the terms provided for here, any such failure or neglect by either party shall not be a waiver of any of the terms, covenants, or conditions of this Agreement or of the performance thereof. None of the terms, covenants, and conditions of this Agreement can be waived by either party except by its written consent. This Agreement does not constitute any party the agent of the other or create a partnership or joint venture between the parties, and no party shall have power to bind any other party in any way. If any word, sentence, paragraph, clause, or a combination thereof in this Agreement is found by a court or executive body with judicial powers having jurisdiction over this Agreement or any of the parties, in a final and unappealable order, to be in violation of any law, such words, sentences, paragraph, clauses, or combinations shall be inoperative and the remainder of this Agreement shall remain binding upon the parties.

19. Termination for Restriction of Access

DealBopper reserves the right, in its sole discretion, to terminate your access to any or all of DealBopper's websites and the related services or any portion thereof at any time, without notice.
Either Party may terminate this Agreement for any reason, at any time, with or without cause, based upon written notice. All obligations which accrued prior to the date of termination shall survive such termination.

20. Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of DealBopper or the party that provided the trademarks, services marks, logos, and copyrighted works to DealBopper. DealBopper and any party that provided trademarks, service marks, logos, and copyrighted works to DealBopper retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
This provision preserves proprietary rights to trademarks and copyrights to the website owner or any other party with such rights.
All contents of DealBopper's websites are Copyrighted.  All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

21.  Proprietary Information

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by DealBopper (the "Content") is the proprietary information of DealBopper or the party that provided or licensed the Content to DealBopper, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DealBopper, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates DealBopper intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

22.  Restrictions on Use

You may use this site for purposes expressly permitted by this site. As a condition of your use of DealBopper's website(s), you warrant to DealBopper that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of DealBopper. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with DealBopper in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use DealBopper's website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s). You are further prohibited from advertising any business or website in such a manner as to be soliciting DealBopper visitors. You may, at the option of DealBopper, pay to advertise your business or website. DealBopper and its affiliate(s) reserve the right to remove any ad placed on www.dealbopper.com, with or without notification to visitors or members.

23.  Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, DealBopper. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or DealBopper. DealBopper has not reviewed any or all of such sites and is not responsible for the content of those sites. DealBopper is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and DealBopper makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. DealBopper provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by DealBopper of that site or any association with its operators.

24.  Affiliate/Commission Program

DealBopper reserves the remove, cancel completely, alter and/or change in any way its "commission"/"affiliate" program without notice and/or without cause. "Commissions" have no cash value other than that which may be determined by DealBopper at any time. Any participation in the DealBopper Affiliate/Commission program does not render you a DealBopper employee, independent contractor, or any other related title or position. By participating in the DealBopper Affiliate/Commission program, you are independently responsible to comply with all federal, state, and local tax rules and you acknowledge and agree that DealBopper has no responsibility for and shall take no action in regards any tax liability in which you may incur.

25.  No Unauthorized Reproduction of Knowledge or Information Purchased on DealBopper

All information provided on DealBopper, whether purchased or not, remains the private property of DealBopper. Under no circumstances may you or any other individual reproduce the deals or deal information acquired from DealBopper without the express written permission of DealBopper, in advance. Any unauthorized reproduction of the information provided on or by DealBopper is a violation of these Terms and will be punished by the fullest extent permitted by law.


Last Updated: 7/29/2009