Welcome to Deal4it.
By using Deal4it (including Deal4it.com and its related sites, services and tools), you agree to the following terms with Deal4it Technologies Inc. and the general principles for the websites of our subsidiaries and international affiliates.
The following describes the terms on which Deal4it offers you access to our services.
This Agreement is effective on September 1, 2011, for current users, and upon acceptance for new users.
Copyright and Trademark
All contents are protected by U.S. and international copyright, © 2011 Deal4it Technologies, Inc. All rights reserved. All software and other technology components of this website are protected by U.S. and international copyright, © 2011. All rights reserved. Deal4it, Deal4it.com and "A Pawn Shopping Adventure" are trademarks or service marks of Deal4it Technologies, Inc. Deal4it Technologies, Inc. reserves all of its rights with regard to those marks and any other Deal4it Technology, Inc. trademarks or service marks appearing herein. This site may also contain trade names and trademarks of other companies that are the property of their respective owners.
Scope
Before you may become a member of Deal4it, you must read and accept all of the terms in, and linked to, this User Agreement and the Deal4it Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Deal4it sites or services, or when you use the tools we make available to interact with Deal4it sites and services. If you use another Deal4it site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Deal4it sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
Using Deal4it
While using Deal4it sites, services and tools, you will not:
Abusing Deal4it
Deal4it and the Community strive to work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us at abuse.deal4it.com.
Deal4it works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify the Deal4it team throughabuse@deal4it.com and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Deal4it transactions, embedding links into item descriptions that redirect users to other websites, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Deal4it sites, services or tools.
Buyer and Seller Disputes
Buyers and sellers share the responsibility for making sure purchases facilitated by Deal4it are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening any claim relating to a purchase. Buyers and sellers agree to follow the requirements of the Deal4it Terms and Conditions with respect to claims. Deal4it covers only claims filed in accordance with the Deal4it Terms and Conditions, not claims filed with PayPal
If the buyer and seller have exhausted all reasonable attempts to resolve a dispute concerning a transaction a dispute claim can be submitted to dispute@deal4it.com. The injured party should submit an email containing the Deal4it item ID number, description of the item and the nature of the dispute in detail. If there is supporting documentation such as proof of payment, proof of shipment/delivery, photos of packaging and items or any other evidence to support your claim.
In the case of a dispute between Buyers and Sellers, Buyers and sellers permit Deal4it to make a final decision, in our sole discretion, on any claim that a buyer or seller files with Deal4it under the Deal4it Terms and Conditions. If we resolve a dispute in the buyer's favor, we will request the seller to refund the buyer for the full cost of the item (including any applicable sales taxes) and the original shipping and that the buyer return any purchased items per the seller’s instructions. Without limiting the foregoing, sellers may not have to pay a reimbursement for a claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described).
Fees and Services
Joining Deal4it and bidding on listed items is free. We do charge fees for using other services, such as listing items. Fees for using Deal4it services are published and may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Deal4it site. A list of seller fees is available upon request by contacting sales@deal4it.com.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due.)
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Limitation of Liability
You will not hold Deal4it responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats, auction-style formats and Automated Video Negotiations (AVN). We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer. Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Deal4it Terms and conditions up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under Deal4it Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $25.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Deal4it by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
Listing Conditions
By listing an item on Deal4it’s sites, you agree to pay Deal4it’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Deal4it’s sites, your listing will be posted on Deal4it’s sites and can be viewed in the “My Account” view when logged into your account. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Deal4it can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Deal4it Privacy Policy at the end of this document. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Deal4it Privacy Policy below. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Deal4it during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes
If a dispute arises between you and Deal4it, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Deal4it agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Improperly Filed Claims - All claims you bring against Deal4it must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Deal4it may recover attorneys' fees and costs up to $1000, provided that Deal4it has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Additional Terms
The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
Outage Policy
Deal4it’s highest priority is its members’ trading success. However, the Deal4it site occasionally experiences outages during which bidders cannot place bids or effectively locate items via our Title Search function. When outages occur that are at least one hour in duration, Deal4it offers this Outage Policy to compensate for member inconvenience.
Title search outage of one or more hours
In the event of a title search outage of one or more hours, Deal4it automatically credits all associated fees for affected listings. The following listings will be eligible for credit:
Unlike our policy for hard outages of two hours or more, listings will not be extended.
Hard outage of more than one but less than two hours
In the event of a hard outage of more than one but less than two hours, Deal4it will credit all associated fees for affected listings. The following listings will be eligible for credit:
Hard outage of two hours or more
In the event of a hard outage of two hours or more, Deal4it will extend listings for 24 hours or more depending on the circumstances. The following listings will be eligible for extension:
Prohibited and Restricted Items Policy
Deal4it.com reserves the right, at our sole discretion, to review and remove any items listed that we deem inappropriate or unacceptable for our intended audience, not limited to the examples described below. If we deem any content as inappropriate, we will remove the item from our site and refund any associated fees paid to list that item. Our general restrictions are as follows:
Real Estate Policy
Due to the wide variety of laws governing the sale of real estate, Deal4it Real Estate listings of real property do not involve legally binding offers to buy and sell. Instead, Deal4it Real Estate's auctions are simply a way for sellers to advertise their real estate and meet potential buyers. Deal4it is commonly referred to as an online auction web site; however Deal4it Real Estate is not a traditional "auctioneer." Deal4it Real Estate is not involved in the actual transaction between buyers and sellers and, as a result, has no control over the quality, safety or legality of the properties advertised, the truth or accuracy of the postings, the ability of sellers to sell items or the ability of buyers to buy items. Deal4it cannot ensure that a buyer or seller will actually complete a transaction.
Community Content Policy
(Member-Created Product Descriptions or any other user defined content on Deal4it.com) – The following are some examples of content or actions that aren't permitted in the community content areas (member-created product descriptions):
Misusing the violation reporting function to maliciously or frivolously report content as not in compliance with Deal4it policy.
Rules about Intellectual Property
We're committed to providing a safer place to buy and sell items, as well as protecting intellectual property rights. Using intellectual property, such as copyrighted material and trademarks, in an unlawful way, is considered infringement, which is against the law and Deal4it policies.
If you'd like to learn more about the laws and regulations protecting intellectual property, see the U.S. Copyright Office website and the United States Patent and Trademark Office (USPTO) website. All buyers and sellers on Deal4it need to make sure they're following all applicable laws and regulations.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Deal4it site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
Deal4it Inc. is located at 2057 Vermont Drive, Fort Collins, Colorado 80525. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Deal4it Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.
Summary of Deal4it Privacy Policy
This Privacy Policy is effective for all registers users on Deal4it.com and will apply to all users starting September 1, 2011.
Scope
This Privacy Policy describes how we handle your personal information for our services on the Deal4it websites. It applies generally to the Deal4it.com website and content and other related websites where this policy appears in the footer of the page. Some Deal4it-branded websites or websites we operate may be governed by separate privacy policies. The policy that applies on any of our domains or sub-domains is always the policy that appears in the footer of each website.
Our subsidiaries’ and joint ventures’ privacy practices are similar to those described in this Privacy Policy. Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global Deal4it trading community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on September 1, 2011.
Collection
You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.
We may collect and store the following personal information:
Marketing
We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by sending us an email outlining your preferred restrictions atsupport@deal4it.com.
Use
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with:
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Information You Share on Deal4it
Your User ID is displayed throughout Deal4it (and so available to the public), and is connected to all of your Deal4it activity. Other people can see your bids, purchases, items for sale, storefronts, feedback, ratings and associated comments. Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Deal4it activities.
If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from Deal4it, may also be visible to other individuals who use the computer after you.
Using Information from Deal4it
Deal4it enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
Cookies
We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
No Spam, Spyware or Spoofing
We and our users do not tolerate spam. Make sure to set your Deal4it communication preferences so we communicate to you as you prefer. You are not licensed to add other Deal4it users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report Deal4it-related spam or spoof emails to Deal4it, please forward the email to spam@Deal4it.com or spoof@Deal4it.com. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via other available controls or tools on Deal4it.com), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
Account Protection
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Deal4it password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Deal4it and change your password.
Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to Deal4it. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Deal4it User Agreement, and take other actions otherwise permitted by law.
Security
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Deal4it does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
General
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. In addition, we will notify you through the Deal4it Message Center. If your questions are not answered online, you may write to us at: Deal4it Inc. Attn: Legal – 2057 Vermont Drive, Fort Collins, Colorado 80525, or via email at info@deal4it.com.
Deal4It.com is an online pawn shop offering great deals on thousands of items. Negotiate pricing through auction bidding, review classified ads or "buy it now."
With thousands of quality items to choose from, you can find the best deals at Deal4It.com, A Pawn Shopping Adventure.