PlusDealz and Consumer Concierge Terms and Conditions

Effective Date: October 19, 2019

Thank you for visiting plusdealz.com (“Website”), where you (“User”) can qualify to earn Rewards as defined and set forth below.

  1. The Basics

Before we get into the nuts-and-bolts, here is a quick overview of how the Reward Program works:

SUMMARY OF REWARD PROGRAM PURCHASE REQUIREMENTS. To claim your reward you must earn 100 points as follows: earn 15 points for completing your registration (email, first/last name, phone number, postal address, gender and date of birth); earn 25 points for completing the initial survey; earn 20 points for viewing the offers; and earn the final 40 points for completing the requisite number of Reward Program Offers (10 points for completing (2)Bronze Offers, 10 points for completing (2) Silver Offers and 20 points for completing (4) Gold Offers). You must complete all Reward Program Offers within 30 days from when you complete your first offer. Completion of Reward Program Offers will require a purchase or entering into a paid subscription program; and credit card offers may also require you to activate the card by making a purchase, transferring a balance and/or taking a cash advance. U.S. resident at least 18 years of age or older only. Limit of 1 reward per household, per calendar year. Void where prohibited. COMPLETING A SURVEY AND/OR VIEWING THE OFFERS WITHOUT COMPLETING THE REQUISITE NUMBER OF REWARD PROGRAM OFFERS FROM THE SPECIFIED CATEGORIES ABOVE DOES NOT QUALIFY YOU FOR A REWARD.

By registering, you agree to the Terms (which includes mandatory arbitration) and Privacy Policy (which includes your consent to our sharing your personally identifiable information with our Marketing Partners for which we may be compensated). Please read the Terms and Privacy Policy for complete Reward Program details about redemption instructions and information sharing.

Please note that the Bronze, Silver and Gold Offers appear AFTER the registration forms, surveys and optional offers which do NOT count towards earning your Reward. You will be credited for having completed an offer only if you access it by clicking on a hyperlink made available on this Website. If you do not complete all of the required number of offers in one (1) session, you must click on the Check Reward Status hyperlink to resume your fulfillment of the Promotions requirements; and then enter the e-mail address that you used to register for your account on the Website (which will enable you to resume signing up for offers). You cannot sign up for the same offer more than once to get credit towards earning your Reward.

You cannot complete Offers using a bot or other automated means of sign-up or otherwise tamper with our system or attempt to defraud us by using multiple email addresses or other means or otherwise “game” the Reward Program to circumvent the limitations described herein.  Moreover, you cannot use a link to the Website provided by another person or one otherwise obtained outside of our normal marketing channels such as a YouTube video or gaming site or blog or reuse a link that you previously used to claim a Reward.  We may also disqualify you in our sole discretion if we believe you accessed the Website "mid-path" by skipping the registration and/or survey pages.  If we reasonably believe you are attempting to do so, we reserve the right to void all of your attempts to qualify for a Reward with or without notice.

  1. Introduction and Overview

The following Terms and Conditions (the “Terms”) are inclusive of the PlusDealz and Consumer Concierge Privacy Policy (“Privacy Policy”), the terms and conditions applicable to the Promotions (as defined below) and any and all other applicable operating rules, policies, schedules and/or other additional terms or documents that we may post to the Website from time-to-time, which are expressly incorporated herein by reference (collectively, the “Agreement”). The Agreement governs your: (a) use of the Website; (b) ability to register for, and participate in, any of the drawings, contests, sweepstakes and Reward Program Offers that we may make available on the Website from time-to-time (collectively, the “Promotions”); and (c) ability to request information regarding certain products and/or services (collectively, “Services”) as offered by third party service providers, advertisers and marketing partners (collectively, “Partners”). Your use of the Website, submission of registration information, request for Services and/or participation in any Promotions constitutes your acceptance of the Agreement, in its entirety, and will give rise to a binding contract between you, PlusDealz, and Consumer Concierge.

Please carefully review the terms of the Agreement, in its entirety. If you do not agree to abide by and be bound by all of the terms of the Agreement (as amended by us from time-to-time), you are not authorized to use the Website in any manner, request Services or participate in any of the Promotions. The Agreement shall have the same legal force and effect as a written document signed by you.

For the avoidance of doubt, we reserve the right, in our sole discretion, to revise these Terms at any time, for any reason, without notice. Furthermore, we also reserves the right, in our sole discretion, to change the methods through which future Rewards (as defined below) are earned. This may include, without limitation, changing the approval requirements necessary to receive future Rewards by increasing or decreasing the number of Reward Program Offers that must be completed to qualify and adding or decreasing the amount of steps necessary to confirm that you have a legitimate account. We may also add or remove any product or service listed as a Reward at any time. If we elect to replace a Reward, the new Reward may not be of equal value. Please check these Terms for changes. Your use of the Website following any such modification constitutes your agreement to abide by and be bound under the Terms, as modified. IF YOU BREACH ANY OF THE TERMS OF THIS AGREEMENT, YOUR RIGHT TO USE THE WEBSITE AND PARTICIPATE IN PROMOTIONS WILL IMMEDIATELY TERMINATE AND YOUR ACCOUNT WILL BE DISQUALIFIED.

If we terminate this Agreement for any reason, in our sole discretion, we shall have no liability or responsibility to you. You understand and agree that refusal to use the Website is your sole right and remedy with respect to any dispute you believe that you may have with PlusDealz or Consumer Concierge. For the avoidance of doubt, this Agreement only governs your use of the Website.

  1. Scope and Modification of the Agreement

The Agreement constitutes the entire and only agreement between you, PlusDealz, and Consumer Concierge and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings. We reserve the right to modify the Agreement at any time. All such changes, including retroactive changes, shall be effective once posted on the Website; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution” provisions) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website, requesting Services and/or participating in any Promotion. By your continued use of the Website, request for Services and/or participation in any Promotion, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution provisions which shall be governed by the Dispute Resolution provisions then in effect at the time of the subject dispute). Therefore, you are strongly encouraged to regularly check this page for updates and/or changes.

  1. Eligibility Requirements

Please be advised that the Website, Services and Promotions are only available to legal residents of the United States of America currently residing in the fifty (50) United States, including the District of Columbia: (a) with the capacity to enter into legally binding contracts under applicable law; (b) that are over the age of eighteen (18), or the applicable age of majority if the age of majority in your jurisdiction is greater than eighteen (18) years of age; and (c) with a valid U.S. email address and mailing (postal) address. (Please do not attempt to enter a P.O. Box as your mailing (postal) address, as we do not ship to P.O. Boxes.) By accessing and/or using the Website, requesting Services and/or attempting to register or participate in any Promotion, you are representing and warranting that you meet all of the above eligibility requirements. For the avoidance of doubt, all Promotions are void in Puerto Rico, Guam, the U.S. Virgin Islands, and any other areas where otherwise prohibited by law.

  1. Registration

In order to be eligible to participate in Promotions, you must first register with complete, accurate and up-to-date information. If, however, you provide any information that is either: incomplete, inaccurate, or not current, or if we have reasonable grounds to suspect that any information you provided is either incomplete, inaccurate, or not current, your account may be placed on hold or disqualified. We reserve the right, in our sole discretion, to deny the attempted registration of anyone, at any time, and for any reason, whatsoever. The information that you must supply to us in order to complete a valid registration may include, without limitation, your: (a) full name; (b) mailing (postal) address; (c) e-mail address; (d) date of birth; (e) telephone number; and/or (f) any other information that we may request from time-to-time (collectively, “Registration Data”).

  1. Accounts

Please note that only one (1) account is allowed per household; and any accounts that share either: the same name, e-mail address, mailing (postal) address, telephone number, credit card or IP address will be considered the same household. Accounts in violation of this rule will be placed on hold or disqualified. For the avoidance of doubt, you may not have multiple accounts at more than one (1) mailing (postal) address, under more than one (1) name, or under more than one (1) e-mail address. Furthermore, you may not use another individual’s name or information at any time, for any reason on this Website. (By way of example, you may not register on this Website for any other individual or attempt to complete offers for any other individual’s account.)

Please be advised that you shall at all times be responsible for maintaining the security of your account. For the avoidance of doubt, PlusDealz and Consumer Concierge are not liable for any losses incurred through the access of your account by any third party, at any time. That being said, however, you may access your account at any time by clicking on the Check Rewards Status hyperlink; and then entering the e-mail address that you used to register for your account on the Website.

  1. Reward Program Offers

To be clear, the completion of any particular Reward Program Offer is optional and is not required to qualify for any applicable Reward offered on the Website. While we may preselect certain Reward Program Offers for you to review, if you are not interested, simply move on to the next Reward Program Offer or click “Next” or “Skip,” as applicable. However, if and when you select “Yes” next to one of the optional Reward Program Offers, we may transfer some or all of the Information you submitted during registration to the applicable Partner without providing you with another opportunity to review the Information in advance. Moreover, when you select “Yes” or “No” next to a survey question, we will transfer some or all of the Information you submitted during registration to Partners that we think may be of interest to you, without providing you with another opportunity to review the Information in advance.

  1. Rewards

To successfully complete any of the Reward Program Offers made available on the Website by one of our Partners, you must provide complete, accurate and up-to-date information. Accounts in violation of this rule will be placed on hold or disqualified altogether. Once you have completed any of the Reward Program Offers made available on the Website by one of our Partners, you will not receive credit for that Reward Program Offer, or any other offer sponsored by that Partner, for a period of at least six (6) months. For the avoidance of doubt, the term “Partner” refers to one of our trusted third party business units, advertisers and/or marketing partners sponsoring the applicable Reward Program Offer.

In order to receive credit for the completion of any particular Reward Program Offer, you must complete it after clicking on it from this Website. You must click the Reward Program Offer link via our Website in order for us to correctly track and credit your account. Please note, however, that some applications such as spyware blockers or pop-up blockers may preclude these links from functioning correctly; and we hereby disclaim any liability for any such failures. Please be advised that while available Reward Program Offers may vary; all will require a purchase. (By way of example, Reward Program Offers pertaining to credit cards may require you to activate the applicable credit card by making a purchase, transferring a balance or taking a cash advance. Alternatively, Reward Program Offers pertaining to high-speed Internet services may require you to order and install the applicable high-speed Internet service to successfully complete the offer.)

In order for you to receive proper credit for the completion of any Reward Program Offer, you must make sure that your browser settings are set to accept all cookies; and that you click on our exact offer hyperlink on the Website to get directed properly to the Reward Program Offer provider’s website.

Please be advised that we do not guarantee that you will receive credit for any particular Reward Program Offer. We reserve the right to refuse crediting your account for a variety of reasons, including, without limitation, improper sign-up, lack of appropriate information or documentation or improper browser settings. If, however, you believe that you have successfully completed a Reward Program Offer and you have not received credit (to which you believe you are deserving) for that offer, you should confirm that you have: (a) satisfied all of the requirements stipulated by the applicable Partner; and (b) waited the appropriate amount of time for offer completion to be reported back to us. To be clear, this amount of time varies with each Partner, but will not exceed ninety (90) days. If you have questions please contact us via e-mail at: info@plusdealz.com.

You hereby acknowledge and agree that PlusDealz and Consumer Concierge shall NOT be liable to you or any other third party for any claim in connection with your participation in any of the Reward Program Offers. Furthermore, you hereby acknowledge and agree that PlusDealz and Consumer Concierge shall not be responsible for delays in reporting Reward Program Offer completion.

  1. Additional Reward Redemption Limitations; Rules; and Instructions

As noted above, you may access your account at any time by clicking on the Check Reward Status hyperlink (here or elsewhere on the Website); and then entering the e-mail address that you used to register for your account on the Website. Upon logging into your account (once your offer status has been “Approved,”) a confirmation e-mail will be sent to you with instructions regarding how to verify your Information. You must follow the instructions in the “Approval” e-mail to enter the Reward Redemption Center. Alternatively, once your offer and referral status has been “Approved,” you will be able to access the Reward Redemption Center by logging in to your account and clicking on the “Click Here to Redeem Your Reward” hyperlink. Upon your completion of the information verification process, click on the “Click Here to Redeem Your Reward” hyperlink to generate a Reward Redemption Certificate. You must print out this certificate and mail it to the address provided in the Reward Redemption instructions. Certificates sent to any other address will not be processed. Please note that your Reward Redemption Certificate must be postmarked within fifteen (15) calendar days of your final required offer having been “Approved” or your account will be disqualified.

Should the value of any particular Reward or the cumulative value of the Rewards received during any calendar year exceed Five Hundred Dollars ($500.00), you must provide us with a completed IRS Form W-9. Your completed IRS Form W-9 must be received at the mailing (postal) address provided in the Reward Redemption instructions BEFORE the shipment of the Reward. Please be advised that if you fail to return the IRS Form W-9 within thirty (30) days of our request, or if you provide false information on the IRS Form W-9, your account will be immediately disqualified and you will forfeit your Reward(s). To learn more about IRS Form W-9, go to: http://www.irs.gov.

PlusDealz and Consumer Concierge reserve the right to substitute a check for the Reward. The amount of the check shall be determined by PlusDealz and Consumer Concierge in their sole discretion. By cashing the check, you agree that you have been made whole and relinquish your rights to pursue any and all claims against this Website, PlusDealz or Consumer Concierge, their parent, successors, assigns, affiliates, publishers, advertisers, Partners and employees. Alternatively we reserve the right to substitute a gift card for the Reward. The amount of the gift card and the associated gift card merchant shall be determined by PlusDealz or Consumer Concierge in their sole discretion. By accepting the gift card, you agree that you have been made whole and relinquish your rights to pursue any and all claims against this Website, PlusDealz or Consumer Concierge, their parent, successors, assigns, affiliates, publishers, advertisers, Partners and employees. PlusDealz and Consumer Concierge further reserve the right to substitute a product of comparable value for the Reward. You hereby acknowledge and agree that “comparable value” shall be determined by DPlusDealz and Consumer Concierge in their sole discretion. Finally, Rewards that are back ordered will be replaced with another item of comparable value, a check or a gift card, or they will ship when they are made available. Discontinued products will be replaced with another item of comparable value, a check or a gift card.

All rewards are shipped to the mailing (postal) address you submit in the Reward Redemption Center. It is your responsibility to submit the correct mailing (postal) address. For the avoidance of doubt, we will NOT ship to P.O. Boxes. PlusDealz and Consumer Concierge are NOT responsible for lost orders stemming from incorrect mailing (postal) addresses, theft or carrier errors. In the event a situation arises necessitating package forwarding, we are in no way responsible for ensuring delivery.

If, after you have received a Reward, we determine that you violated any of part of this Agreement, as amended from time-to-time, you agree to return the Reward at your sole expense. Additionally, PlusDealz and Consumer Concierge reserve their rights to pursue legal action against you.

Please be advised that we will not accept returned Rewards. By returning a Reward, you are forever relinquishing your claim to the Reward. If, however, a product is found to be defective, you should consult the warranty information included with the applicable Reward. But please note that we are not responsible for the repair or replacement of damaged or defective products. Please contact the relevant merchant/vendor for questions about damaged or defective products. In cases where you do not know what merchant/vendor shipped the product to you, please contact us via e-mail at: info@plusdealz.com.

Please note that the Reward Program is limited to one (1) Reward and registration per household; and each household is limited to the use of one (1) e-mail address. For the avoidance of doubt, each household must use the same e-mail address throughout all websites that are owned and/or operated by PlusDealz and Consumer Concierge.

Any attempt to circumvent this policy by attempting to register multiple times under different names, attempting to register more than one (1) time per household, and/or attempting to register more than one (1) time with the same mailing (postal) address and/or computer is strictly prohibited. Failure to comply with any of these requirements will result in immediate termination of your approval to participate in any Promotions and forfeiture of any Reward earned or accrued in connection on the Website. Please be advised that we have sole discretion to determine whether or not you have complied with the above stipulations.

Please be advised that you or your household may qualify for and receive a maximum of one (1) Reward from PlusDealz or Consumer Concierge.

  1. Suspension/Disqualification

PlusDealz and Consumer Concierge reserve the right to suspend or disqualify your account at any time, even after a Reward has been shipped to you. Please be advised that we are not responsible for notifying you about a change in your account status. If your account is suspended or disqualified, all other accounts created by or associated with you across all PlusDealz and Consumer Concierge owned and/or operated websites may also be suspended or disqualified, at PlusDealz’s and Consumer Concierge's sole discretion. If your account is suspended or disqualified, you may NOT create another account on any website owned or operated by PlusDealz, Consumer Concierge or any of their affiliated companies. If your account is disqualified, that disqualification is permanent and you are permanently prohibited from participating in any Promotions made available on or through this Website as well as all other web properties owned or operated by PlusDealz, Consumer Concierge, or any of their affiliated companies. You will not be reimbursed for any expenses incurred through this Website prior to your account being suspended or disqualified; provided, however, that if you believe that your account was suspended or disqualified in error, you may contact us via e-mail at: info@plusdealz.com.

We may suspend or disqualify your account for: (a) registering for more than one (1) account per household; (b) providing false information to us or any of our Partners on the Website; (c) posting information on a website, online forum or auction that pertains to the manipulation of the Website or “canceling the Reward Program Offers,” including, but not limited to, cancellation phone numbers, cancellation time frames and any encouragement or direction to cancel the Reward Program Offers after signing-up with the applicable Partner(s); (d) utilizing prepaid cards with the intent or for the purpose of manipulating the Website and/or "cancelling the Reward Program Offers"; (e) bidding on trademarked keywords associated with our Partners or their affiliates in Internet search engines to gain referrals through sponsored search results; (f) using any other individual’s credit card to complete Reward Program Offers; (g) violating any of the terms and conditions of this Agreement; or (h) any other reason or a combination of reasons at the sole discretion of PlusDealz and Consumer Concierge.

  1. Terms of Reward Program Offers

Any Promotions made available to you through the Website or an e-mail message associated therewith may be governed by specific rules that are separate from these Terms and Conditions. By participating in any such Promotion, you will become subject to the rules applicable to that Promotion, which may vary from these Terms and Conditions. Therefore, we strongly urge you to review any applicable rules prior to participating in any Promotion.

PlusDealz and Consumer Concierge are NOT responsible for their Partners’ offers or the transactions that you attempt to enter into with any such Partners via this Website. Moreover, we cannot fulfill a Partners’ offer, cancel a Partners’ offer on your behalf, refund any charges you have incurred in association therewith, or service an account you created directly with any Partner. It is your responsibility - and you are strongly encouraged - to carefully read the requirements, terms and conditions, privacy policy and billing information for each and every offer before you sign-up. For the avoidance of doubt, your completion of any Reward Program Offers made available by one of our Partners by way of this Website is done voluntarily; and at your own risk. We are NOT responsible for the content, services or products associated with our Partners. If you have a complaint about Reward Program Offers, services or products received from a Partner, you should contact the applicable offer provider in question.

To be clear, PlusDealz and Consumer Concierge provide you with an opportunity to apply for and/or participate in various Promotions as offered and provided by our Partners. We do NOT provide any underlying products and/or services, and the ultimate terms and conditions of any Promotions by our Partners will be determined by those Partners. All fulfillment and customer service functions relating to the Promotions and any other Partner-affiliated products or services shall be handled entirely and exclusively by the applicable Partner.

Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to this Agreement. You hereby acknowledge and agree that DPlusDealz and Consumer Concierge are not responsible, nor liable in any manner whatsoever, for your use of, or inability to use and/or qualify for, Promotions, Services, other Partner-sponsored products and/or services, or for any dispute between you and any such Partner. You further understand and agree that we are not liable to you or to any other third party for any modification, suspension or discontinuation of any product, Service or Promotion offered by any Partner.

  1. Third Party Websites

The Website, Services and/or Promotions refer you to third party websites including, but not limited to, those owned and/or operated by our Partners. Because we neither have control over such third party websites nor to the Partners, you hereby acknowledge and agree that we are NOT responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, you acknowledge and agree that we do not endorse, and we are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such Partners and/or such third party websites or resources, or for any damages and/or losses arising therefrom. It is your responsibility to carefully read all of the terms and conditions associated with any third party materials featured on or accessed through the Website or in e-mail messages and, by extension, the terms and conditions of the applicable third party’s website(s). The inclusion of any link on the Website, or otherwise made available in connection with the Services and/or Promotions, does not imply endorsement.

  1. Rights Granted

As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Services, Promotions and/or associated content (collectively, “Material”) in accordance with the terms and conditions of this Agreement. However, we may terminate this license at any time, for any reason. You may only access and/or use the Material on one (1) computer for your own personal, non-commercial use. No part of the Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of such Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without our express written permission is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Material or any portion thereof. We reserve any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Promotions and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on PlusDealz’s and Consumer Concierge's infrastructure. Your right to use the Material is not transferable. You further agree to indemnify and hold harmless PlusDealz and Consumer Concierge for your failure to comply with this Section or any other Section of this Agreement.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Material, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Material is strictly prohibited. You do not acquire ownership rights to any Material or other content, document, software, services or materials viewed at or through the Website, Promotions and/or Services. The posting of Material or other material at the Website, or by and through the Services, does not constitute a waiver of any right in or to such information and/or materials. Furthermore, the “PlusDealz” and “Consumer Concierge” name and logo are trademarks of PlusDealz and Consumer Concierge. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners. The use of any PlusDealz or Consumer Concierge trademark without our express written consent - on a case-by-case basis - is strictly prohibited.

It is our policy to timely respond to any claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement; and will take appropriate actions under the Digital Millennium Copyright Act of 1998 ("DMCA") and other applicable intellectual property laws. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under U.S. copyright law. We reserve the right to remove material on the Website which allegedly infringe upon another person’s copyright. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyright, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the written information outlined in 17 U.S.C. 512(c)(3).

  1. Privacy Policy; Use of Personal Information

Please be advised that all materials that you submit through or in association with the Website, Promotions and/or Services including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

  1. Representations and Warranties

By using the Website, you represent and warrant the following: (a) you have the right, power and authority to enter into and perform the Agreement; (b) any Registration Data or other information that you provide in connection with your use of the Website, Services and/or Promotions is accurate, truthful, reliable and up-to-date; (c) you have the legal right to submit any and all Registration Data and other content provided by you, and no such submission or use of any such content by us does or will violate the rights (including intellectual property rights and the rights of privacy or publicity) of any third party; and (d) your use of the Services, Promotions and/or Website will not violate any federal, state and/or local law.

  1. Disclaimer of Warranties; Limitation of Liability

THE WEBSITE, PROMOTIONS, SERVICES AND MATERIAL, AS WELL AS ANY OTHER PRODUCTS AND/OR SERVICES MADE AVAILABLE BY PlusDealz AND CONSUMER CONCIERGE AND/OR ANY PARTNERS, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (A) THE WEBSITE, PROMOTIONS, SERVICES AND/OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY PlusDealz, CONSUMER CONCIERGE, OR ANY PARTNER(S), WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, PROMOTIONS, SERVICES AND/OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY PlusDealz, CONSUMER CONCIERGE, OR ANY PARTNER(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THAT YOU WILL QUALIFY FOR ENTRY INTO ANY PROMOTION AND/OR RECEIVE SERVICES FROM ANY PARTNER(S); OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PROMOTIONS, SERVICES AND/OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY PlusDealz, CONSUMER CONCIERGE, OR ANY PARTNER(S), WILL BE ACCURATE OR RELIABLE. THE WEBSITE, PROMOTIONS, SERVICES AND MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY PlusDealz, CONSUMER CONCIERGE, OR ANY PARTNER(S), MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE, PROMOTIONS AND/OR SERVICES, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE WEBSITE, PROMOTIONS AND/OR SERVICES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THE WEBSITE, PROMOTIONS, SERVICES AND/OR ANY PARTNER(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PlusDealz AND CONSUMER CONCIERGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REDUCED CREDIT RATING, IDENTITY THEFT, REGULATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, PROMOTIONS, SERVICES AND/OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY US OR ANY PARTNER(S); (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE AND/OR SERVICES; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE INABILITY TO QUALIFY FOR ANY PROMOTION OR SERVICES FROM ANY PARTNER(S); AND (E) ANY OTHER MATTER(S) RELATING TO THE WEBSITE, PROMOTIONS, SERVICES AND/OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY US OR ANY PARTNER(S). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE PlusDealz, CONSUMER CONCIERGE, AND THEIR PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF PlusDealz AND CONSUMER CONCIERGE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU, PlusDealz, AND CONSUMER CONCIERGE. THE WEBSITE, PROMOTIONS, SERVICES AND/OR MATERIAL, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY US OR ANY PARTNER(S), WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, PROMOTIONS, SERVICES, MATERIAL, THE TERMS & CONDITIONS OF THIS AGREEMENT (INCLUDING THE PRIVACY POLICY), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

  1. Indemnification

You agree to indemnify, defend and hold PlusDealz and Consumer Concierge, their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners (including any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotions and all of their respective past and present officers, directors, employees, agents and representatives), harmless from and against any and all claims, expenses, including reasonable attorneys’ fees, damages, suits, costs, losses, liabilities, demands and/or judgments whatsoever, made by any third party due to, or arising out of: (a) your use of the Website and/or Services; (b) your participation in any Promotions; (c) any dispute between you and any Partners; (d) any claim that PlusDealz and Consumer Concierge have to pay taxes in connection with your use of the Website and/or Services, and/or participation in any Promotion(s); and/or (e) your breach of any of the terms of this Agreement. Please be advised that this indemnification clause shall survive the expiration or termination of the Agreement.

  1. Termination

We reserve the right, in our sole discretion, to terminate the Agreement and your right to access the Website, request Services and/or participate in any Promotions for any reason or no reason, with or without cause and with or without notice.

  1. Changes to Materials

We reserve the right, in our sole discretion, to edit, modify and/or delete any documents, information or other Materials. Additionally, we reserve the right, in our sole discretion, to discontinue or terminate all or part of the Website, Services and/or Promotions featured therein at any time.

  1. Independent Contractor

The Agreement does not create or imply any partnership, joint venture, agency, franchise, sales representative or employment relationship between you, PlusDealz and Consumer Concierge. You will not have, nor will you represent that you have, any authority to make or accept any offers or representations on our behalf. Moreover, you are not permitted to do anything to disparage or damage the reputation of PlusDealz or Consumer Concierge or any of our officers, members, employees, Partners, products and/or services.

  1. Misrepresentations

You hereby agree that you will not misrepresent PlusDealz or Consumer Concierge by expressed or implied claims of success, warranties or service obligations. We disclaim any liability for such claims or implications made on your part to prospects, potential customers and/or current entrants of any Promotions. You further acknowledge and agree that the Agreement, and your right to access the Website, Services and/or participate in any Promotions may be terminated by PlusDealz or Consumer Concierge with or without notice for any misrepresentation by you.

  1. Access

You are solely responsible for providing the means to access the Website and any of our e-mail messages. We do not guarantee continuous, uninterrupted or secure access to the Website. And you agree and acknowledge that the Website may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which we may undertake from time-to-time; or (c) causes beyond our control or which are not foreseeable by us. We shall not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.

  1. Equipment

You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for your use of the Website, Promotions and Services including, but not limited to, telecommunications and Internet access connections, web browsers and other equipment, compatibility, and all other programs or services required to access and use the Website, Promotions and Services.

  1. Security

Any actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on the Website without notice or permission from you. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. We will comply with all court orders involving requests for such information.

  1. Governing Law

The Agreement shall be treated as though it were executed and performed in, and is subject to the laws of, the United States of America and the State of New York, without regard to its conflict of laws principles.

  1. Dispute Resolution; Arbitration

BY USING PlusDealz’S WEBSITE, PARTICIPATING IN [SITE_NAME]’S SWEEPSTAKES AND SURVEY PROGRAMS, REQUESTING THAT PlusDealz OR CONSUMER CONCIERGE CONTACT YOU (BY SMS, EMAIL, OR PHONE) ABOUT ITS SWEEPSTAKES OR REWARDS, PARTICIPATING IN PlusDealz’S OR CONSUMER CONCIERGE’S TEXT MESSAGE PROGRAM, AND/OR OPTING INTO OFFERS FROM THEIR MARKETING PARTNERS, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND PlusDealz OR CONSUMER CONCIERGE ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A "CLAIM" IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND PlusDealz OR CONSUMER CONCIERGE, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH PlusDealz OR CONSUMER CONCIERGE. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST [SITE_NAME] OR CONSUMER CONCIERGE IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST PlusDealz OR CONSUMER CONCIERGE IN ANY JURISDICTION IN THE UNITED STATES. PlusDealz OR CONSUMER CONCIERGE WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms). The arbitrator shall have authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Website Terms. You agree that the Website Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of New York.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against PlusDealz or Consumer Concierge and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorneys’ fees and court costs that PlusDealz or Consumer Concierge incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not through a class action in binding arbitration as provided above; and (ii) is an independent agreement.

  1. Severability

Should any part of the Agreement be held overbroad, invalid or unenforceable, that portion shall be construed as consistent with applicable law and the remaining portions shall remain in full force and effect.

  1. Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  1. Control

To the extent that anything in, or associated with, the Website, Promotions, Services and/or e-mail messages or other communications associated therewith is in conflict or inconsistent with the Agreement, the Agreement shall control. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and the terms associated with any particular Promotion, insofar as the applicable Promotion is concerned, the applicable terms shall govern in all respects.

  1. Non-Waiver

Any failure by PlusDealz or Consumer Concierge to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision at any later date.

  1. Legal Warning

Any attempt by any individual or entity, whether or not a registered participant, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, Promotions, Services and/or e-mail messages associated therewith, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

  1. Independent Investigation

You hereby acknowledge and agree that you have read the Agreement in full and agree to all of its terms and conditions. You have independently evaluated the desirability of participation in any Promotion; and you are not relying on any representation, guarantee or statement other than as set forth in the Agreement.

  1. Contact Us

If you have any questions or comments about this Privacy Policy, please contact us via e-mail at: info@plusdealz.com.

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