By engaging in the acceptance of this agreement, whether through the selection of a designated checkbox, the activation of the accept button, or the execution of an order form that explicitly references these terms, you express your consent to the provisions outlined in this Agreement (referred to as the "Terms"). Should you find yourself in disagreement with these Terms, it is imperative that you refrain from accepting them and abstain from utilizing this Site.
For the purpose of this Agreement, the terms "D&R," the "Company," "we," "us," or "our" collectively refer to www.Dealandrunner.com, Inc. and its subsidiaries, including any affiliated company(ies) of D&R that deliver services to you, as applicable.
The term "Service" encompasses the entirety of the Site, along with all accompanying content, software, data, information, materials, and completed transactions conducted therein.
"Third Party Content" pertains to specific analyses, content, tools, features, materials, websites, services, or advertisements provided by third parties that are made available on or through this Service by D&R, or to which D&R provides links on any of its Sites.
The terms "You" or "your" denote the company or other legal entity for whom you are accepting these Terms as a representative, including the affiliates of our client.
2.1To access and utilize the Service, you must be at least 18 years of age or older. By entering into this Agreement, you assert and guarantee that you possess the full authority and capacity to do so, without violating any other agreements to which you are a party. Our Service requires certain information from you. To avail yourself of our Service, you may be prompted to furnish specific details about yourself, which may include, but are not limited to, a scanned copy of your driver's license or other government-issued identification, as well as any other information requested by us ("User Data"). You hereby agree to supply accurate, up-to-date, and comprehensive User Data. Furthermore, you acknowledge and consent to D&R collecting and storing your User Data, which may be utilized and shared with law enforcement agencies and other entities for the purposes of fraud prevention and criminal investigations. By engaging in these activities, you also agree to release D&R from any liability that may arise in connection with them.
2.2The Terms incorporate any Additional Terms governing specific offers or features on this Platform by means of reference. Together, the Terms and Additional Terms (collectively referred to as the "Agreement") establish the terms and conditions that govern your usage and access to the Site. This Agreement constitutes the comprehensive, definitive, and exclusive agreement between D&R and yourself, superseding all prior oral or written agreements, representations, or understandings pertaining to your utilization and access of this Service. Your acceptance of this Agreement signifies its effectiveness between you and D&R from the date of acceptance.
2.3Your usage of the Service implies your agreement to engage in electronic transactions through the Site. You acknowledge that your electronic signature holds the same legal validity as your handwritten signature. You further affirm that the act of using a keypad, mouse, or similar device to select an item, button, icon, or similar action constitutes your signature as if physically written by you. Moreover, you acknowledge that no certification authority or third-party verification is required to validate your electronic signature, and the absence of such certification or verification will not affect the enforceability of your electronic signature.
2.4D&R shall refrain from providing any services or benefits that would contravene applicable laws or subject D&R or its affiliates to sanctions, prohibitions, or restrictions under UN Security Council Resolutions or other criminal, trade, or economic sanctions, laws, or regulations. In the event that D&R becomes aware of any activity that may be considered a violation of such sanctions, prohibitions, or restrictions, D&R reserves the right to promptly terminate any account engaged in such activity. Furthermore, D&R reserves the right to report individuals involved in such activity to the relevant law enforcement authorities for prosecution to the fullest extent of the law.
2.5By providing your telephone number, you are providing express written consent to receive communications from D&R (including its affiliates, agents, service providers, and affiliates for the purposes of defined above) for any purpose, including but not limited to, marketing various services from both D&R and companies D&R has joint marketing agreements with. Additionally, you agree to receive communications from D&R regarding your service and any information you may have obtained via your use of a website. You agree that these communications may include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email, or other similar means, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that D&R is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.
3.1D&R retains all right, title, and interest in the Service, including any related intellectual property rights, with the exception of your rights, title, and interest in data you submit through this Service or provide to D&R by other means. Except for the limited rights explicitly granted under this Agreement, D&R reserves all rights, title, and interest in the Service, including any related intellectual property rights. No additional rights are granted to you beyond those expressly stated herein. The Service and all materials and information published on it are safeguarded by U.S. and foreign copyright and other intellectual property laws. You agree to safeguard D&R's proprietary rights and comply with reasonable written requests from D&R or its third-party licensors to protect their rights and the rights of others in the Platform and the materials and content available on or through the Service.
3.2The trademarks and service marks of D&R, including Deal and runner LLC and Dealandrunner.com, are the exclusive property of D&R. These trademarks and trade dress may not be utilized in any form without prior written consent from D&R, and any such use is subject to D&R's current policies and requirements. All other trademarks, service marks, logos, designs, and trade dress appearing on this Service, which are not owned by D&R, belong to their respective owners. These owners may or may not be affiliated with, connected to, or sponsored by D&R.
4.1D&R facilitates an interactive platform through which you can engage with D&R. Your association with D&R is solely limited to the Services provided on the Site, and any activities conducted outside the scope of this Agreement and your affiliation with D&R.
4.2Pursuant to this Agreement, D&R grants you a non-exclusive, non-transferable license, solely for your own purposes: (i) to access and utilize the Service; (ii) to access and utilize reports, materials, or other content generated through or available on the Site; and (iii) to manage your account, materials, or other content generated through or available on the Site. All rights not expressly granted in this Agreement are reserved by D&R. You are prohibited from utilizing the Platform in any manner inconsistent with this Agreement
4.3You are prohibited from removing any copyright, patent, trademark, or other proprietary or restrictive notice or legend found on the Site. Furthermore, you are required to reproduce all such notices and legends on any copies of documents, reports, or other materials downloaded, printed, or distributed from the Service, as permitted under this Agreement.
5.1Unless expressly provided otherwise in these Terms or on the Site, you are prohibited from copying, modifying, downloading, reproducing, reposting, reselling, transmitting, uploading, or distributing any materials or content, including any reports generated through the Service, without the explicit written consent of D&R or its third-party licensors.
5.2In addition, you agree not to:
You are responsible for:
7.1When using the Service, you are required to adhere to all terms specified by the Service for any offers or purchases available on the D&R Site. D&R's obligation to you with respect to any purchase is contingent upon your compliance with the specified purchase specifications. D&R disclaims any responsibility for purchases that do not conform to the Service's specifications.
7.2You agree to make all purchases from the designated source and through the permitted channel associated with that source. You confirm that all goods submitted to D&R are genuine and in their original packaging. Along with the submitted goods, you will provide original invoices, receipts, or similar evidence of purchase.
7.3You agree to utilize the designated retailer's shipping methods or, if applicable, or to re-ship any goods in unopened packaging materials from the designated retailer to D&R. D&R reserves the right, at its sole discretion, to reject any damaged goods received during transit. You acknowledge that any loss incurred due to goods damaged in transit will be your responsibility.
7.4Upon receipt of conforming and undamaged goods, D&R will provide you with reimbursement as specified on the Site, based on the terms that you accepted prior to purchasing the specified goods.
7.5If you fail to provide the required identifying information (such as tracking or serial numbers) for any goods within 30 days of D&R's receipt, you agree to make reasonable efforts to provide such information. After the expiration of the 30-day period, if you have not provided the necessary identifying information, all title and rights to such goods will transfer to D&R without any further obligation, including payment, on D&R's part.
7.6In the event that D&R receives non-conforming, damaged, or otherwise unacceptable goods, D&R reserves the right to return such goods to you or on your behalf. If you have not provided proper identification (e.g., common carrier tracking, serial numbers, or specified identifiers from the Service), D&R is not obligated to return the goods. Failure to provide the requested identification within 30 days of D&R's receipt will be considered as proper tender, and D&R will reimburse you in accordance with Section 7.4 above.
7.7After 30 days of D&R's receipt, non-conforming, damaged, or otherwise unacceptable goods, for which you have not provided the necessary information as specified in the Service, shall become the sole and exclusive property of D&R. This provision does not affect the immediate transfer of title to any goods to D&R when payment has been made.
7.8By using the Site, you agree, represent, and warrant that your purchase of any goods will not violate any laws, regulations, contracts, agreements, terms, store policies, or third-party rights. Furthermore, you agree to defend, indemnify, and hold D&R harmless for any violation of the aforementioned laws, contracts, agreements, terms, policies, or third-party rights resulting from your use of the Service.
7.9You acknowledge and accept full responsibility for any taxes, duties, levies, or similar obligations imposed by any state or federal taxing authority. Additionally, you agree that any monies received from D&R are solely in the form of reimbursement and do not constitute income as determined by any applicable taxing authority. If a relevant taxing authority deems your participation on the D&R platform as generating income, you will be responsible for any taxes due to such authority. D&R disclaims any obligation related to such determinations by taxing authorities.
8.1The Platform may contain information or materials that are not created by or under the control of D&R ("Third-Party Content"). As a policy, D&R does not independently verify, prescreen, or monitor Third-Party Content since it is not maintained or controlled by D&R. While we believe the Third-Party Content is sourced from reliable third parties, D&R is not responsible for the availability, content, completeness, adequacy, utility, or accuracy of such Third-Party Content. D&R does not endorse any Third-Party Content, either explicitly or implicitly.
8.2Certain Third-Party Content may have additional specific terms and conditions, which can be found in the Additional Terms and in relevant sections of the Platform or linked websites. By using such Third-Party Content, you acknowledge and agree to be bound by all applicable terms.
8.3The functionality of certain Service features that interact with Third-Party Content relies on the ongoing availability of those third-party services and materials. If the providers of such services or materials cease to make them available on reasonable terms for the Service, D&R may discontinue providing those Service features.
9.1The information provided in this Agreement is intended as a general overview and should not be considered advice for individual situations. D&R does not guarantee the accuracy of any Third-Party Content containing information or materials related to the financial condition or policy wordings of insurers or reinsurers.
9.2THE SERVICE, SITE, AND INFORMATION, INCLUDING CLIENT DATA, ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9.3D&R SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain warranties or liability for incidental or consequential damages, so certain provisions of this Agreement may not apply to you.
10.1We shall defend you against any claim, demand, suit, or proceeding ("Claim") made or brought against you by a third party alleging that the use of the Service as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify you for any damages finally awarded against, and for reasonable attorney's fees incurred by, you in connection with any such Claim; provided, that you (a) promptly give us written notice of the Claim; (b) give us sole control of the defense and settlement of the Claim (provided that we may not settle any Claim unless the settlement unconditionally releases you of all liability); and (c) provide to us all reasonable assistance, at our expense.
10.2You shall defend us against any claim made or brought against us by a third party alleging that your use of the Service in violation of this Agreement, or the data or information you submit through the Service, infringes or misappropriates the intellectual property rights of a third party, or violates applicable law; and shall indemnify us for any damages finally awarded against, and for reasonable attorney's fees incurred by, us in connection with any such Claim; provided, that we: (a) promptly give you written notice of the Claim; (b) give you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally releases us of all liability); and (c) provide to you all reasonable assistance, at our expense.
10.3This Section 10 (Indemnification) states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of Claim described in this Section.
D&R reserves the right to make changes, modifications, amendments, and/or updates to this Service and the Agreement. When these changes are made, we will make a new copy of the Agreement available on this Site. Changes to the Agreement shall be effective when posted. You understand and agree that continued use of the Platform after the Agreement has changed will be treated as your acceptance of the updated Agreement.
This Agreement commences on the date you accept it and continues until terminated in accordance with this paragraph. You may terminate your use of the Service without cause at any time upon written notice to us. We may terminate access to and use of the Service (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with D&R for any reason. Sections 3 (Our Proprietary Rights), 8 (Links and Third Party Information), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 14 (Governing Law), and 19 (Miscellaneous) shall survive any termination or expiration of this Agreement. We shall have no obligation to maintain or provide you a copy of any of your data in the Service following termination or expiration of this Agreement, unless otherwise specified in other applicable agreements between you and D&R, or unless legally required to be retained. UPON TERMINATION OF YOUR ACCESS TO OR USE OF MATERIALS STORED IN THE SERVICE WILL NOT BE ACCESSIBLE THROUGH THE SERVICE.
This license agreement is expressly made subject to any laws, regulations, orders, or other restrictions which may be imposed by the Government of the United States of America on the transaction of business activities with certain countries or nationals or residents of certain countries. Services are not available through D&R to any Restricted Entity (as defined below). You represent and warrant that neither you nor your organization is a Restricted Entity nor are you or your organization using the Service on behalf of or for the benefit of a Restricted Entity. "Restricted Entity" shall mean any individual or organization owned or controlled by, or acting as an agent for, any person or entity with whom a U.S. citizen, national, or company organized under the laws of or operating in the U.S. that is prohibited from engaging in transactions by U.S. laws, including without limitation, a person on the Specially Designated Nationals List published by the U.S. Department of the Treasury's Office of Foreign Assets Control.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without reference to the principles of conflicts of laws thereof. You hereby irrevocably and unconditionally accept and agree to submit to the exclusive jurisdiction of any state or federal court in the Commonwealth of Massachusetts, County of Suffolk, to hear any dispute relating to this Agreement. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display, or publishing of the content made available through the Service by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to D&R or its licensors that may not be adequately compensable in money damages, and for which D&R will have no adequate remedy at law. You, therefore, consent and agree that D&R may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
Any controversy or claim arising out of, or relating to, these Terms of Use, or breach thereof, shall be settled by binding arbitration in accordance with the governing law as determined by these Terms of Use, the Federal Arbitration Act (insofar as it governs the arbitrability of such controversy or claim), and the Commercial Arbitration Rules (excluding Expedited Procedures) of the American Arbitration Association in the Commonwealth of Massachusetts. Three qualified arbitrators shall be appointed in accordance with the Commercial Arbitration Rules (excluding Expedited Procedures) of the American Arbitration Association and these Terms of Use. Such qualified arbitrators shall be members of the Commonwealth of Massachusetts bar and shall have at least five years of experience in the law relevant to the dispute in question. Each party shall have the right of discovery as set forth in the Federal Rules of Civil Procedure. A stenographer shall be present at the arbitration proceedings, and the stenographic record shall be the official record of the proceeding. The arbitrators shall provide written findings of fact and conclusions of law in justification of any arbitration award. The Company shall have the right of appeal of any decision by the arbitrators by filing a request for reconsideration of any arbitration decision with the American Arbitration Association. Upon receiving such a request, the American Arbitration Association shall reconsider the matter de novo using the foregoing procedures. Should the arbitration award be inconsistent with the governing law as specified by these Terms of Use, the Company may immediately appeal the arbitration award to any court of competent jurisdiction over the Company. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction over the parties, unless a subsequent request for reconsideration has been filed by the Company under this Section, or the award has been appealed to a court of competent jurisdiction under this Section.
The parties waive any right to bring representative claims on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise (the “class action waiver”). Except for this class action waiver, this clause may be severed or modified if necessary to render it enforceable under the Federal Arbitration Act.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site, and allowed pursuant to this section, shall be instituted exclusively in the federal courts of the United States in the Commonwealth of Massachusetts or the courts of the Commonwealth of Massachusetts located in the Commonwealth of Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We may assign our rights and obligations under this Agreement, without notice, to:
(a) any affiliate of D&R, or
(b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of D&R or any affiliate of D&R.
This Agreement may not be assigned by you without our prior written consent. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments regarding the Service or the Agreement should be directed to D&R at: support@dealandrunner.com