This web page represents a legal document and is the Terms and Conditions (Agreement) for our website www.fairdealsclub.com (Website). By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms "us", "we", and "our" refer to AVK Software Inc. d/b/a as Fair Deals Club, (hereinafter referred to as Fair Deals Club) the owner of this Website. A "User" hereinafter called General User, is someone who can choose to just browse our Website, or register with our Website. A business or an individual who has registered with our Website to publish online ads and special offers for our General Users hereinafter is called a Business Member. A General user who is registered with our web site or a Business Member hereinafter called Member.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our General Users, Business Members or by us, are collectively known as our "Content". We distinguish content posted by our General Users and Business Members as "Member Content".
This Agreement is between you and Fair Deals Club.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Fair Deals Club and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Policy is considered part of this Agreement and available on this website. You must review our Privacy Policy by clicking on this link: Privacy Policy. If you do not accept and agree to being bound by all of the terms of this Agreement, including the www.fairdealsclub.com Privacy Policy, do not use this Website or our Services.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The place of arbitration shall be in Ottawa, Ontario. The language of the arbitration shall be English. The number of arbitrators shall be one.
This Agreement will be treated as if it were executed and performed in Ottawa, Ontario, and will be governed by and construed in accordance with the laws of the province of Ontario without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Fair Deals Club.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Fair Deals Club.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
You must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for individuals who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Fair Deals Club has sole right and discretion to determine whether to accept a Member, and may reject a Member's registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Fair Deals Club makes no guarantee that Members or General Users will make a financial profit of any kind by using our Website. We will not be responsible for any loss or missed profit by a General user, Member or their business.
The opinions expressed on our Website are not necessarily the opinions of Fair Deals Club Any content provided by our Members or General Users is their opinion only, and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anything. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members and General Users are responsible for their own content where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information, or other Content appearing on our Website or Services.
Our Website may contain advertising and sponsorships. Members, advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the Member's, advertiser's or sponsor's materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Fair Deals Club AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
We may allow access to or advertise certain third-party product or service providers ("Members") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Members. Members are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Members is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MEMBERS OR FOR ANY INFORMATION APPEARING ON MEMBER WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, legal documents (including privacy policies), and operating procedures of Members will apply to you while on any Members websites. We are not responsible for information provided by you to Members. Our relationship to Members is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Fair Deals Club is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Fair Deals Club. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Fair Deals Club assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications.
Fair Deals Club is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members' or to any other person's computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provided through our Website or Services.
Under no circumstances will Fair Deals Club be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone's use of our Website or Services, or any interactions between users of our Website or Services, whether online or offline.
Fair Deals Club reserves the right to change any Content, software, and other items used or contained in our Website or Services at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED 'AS-IS', 'AS AVAILABLE', WITH 'ALL FAULTS', AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Fair Deals Club, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Fair Deals Club CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Fair Deals Club DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Fair Deals Club.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Fair Deals Club, as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the Content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL Fair Deals Club OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF Fair Deals Club IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Fair Deals Club's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members and General Users may post their content to our Website through our Services (Member Content). Members and General Users understand that by using our Website or Service they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Fair Deals Club is not responsible for the monitoring or filtering of any Member content.
If any Member Content is reported to Fair Deals Club as being offensive or inappropriate, we may ask the Member or General User to retract or otherwise modify the questionable content within 24 hours of being notified by Fair Deals Club. If the Member or General User fails to meet such request, Fair Deals Club has full authority to restrict the Member's ability to post Member Content OR immediately terminate the Member's membership without further notice to the Member.
Without limiting the foregoing we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members and General Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members and General Users will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. We have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others' intellectual property rights.
Members and General Users will be solely responsible for any legal damages to any party, including Fair Deals Club resulting from any legal actions that arise from your advertisement or from use of the website to which you link your advertisement.
If a Business Member fails to make any payment for Services when due under this Agreement, they understand and agree that Fair Deals Club reserves the right to remove their advertisement from our Website until payment is made.
It is a Business Members responsibility to honor coupons, specials, and deals with General Users. When using their Content and services you are governed by the Business Members terms and conditions, and you should read them.
Fair Deals Club provides information from Business Members about their businesses, deals and promotions for our General Users. We will not be responsible in any way for disputes, performance issues, or legal problems between Business Members and General Users. Disputes of any kind between Business Members and General Users should be resolved between them, and not with Fair Deals Club.
General Users have the ability to leave comments about the Business Members and their service. You are responsible for the comments you make on our Website, so think sensibly before you leave feedback about the Business Members and their business.
As a General User or Business Member you agree not to use our Services to do any of the following:
You grant Fair Deals Club a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content ("Member Content") to our Website, you are granting Fair Deals Club its officers, directors, employees, agents, consultants, representatives and affiliates, a license to use the Member Content in connection with the operation of the business of Fair Deals Club its directors, employees, officers, affiliates, representatives, consultants, and agents, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.
Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites. Fair Deals Club has no control over the information, legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Membership with our web site is free and does not impose any fees. Fees we charge are applicable to Member Content which is not free. Fees may change from time to time, however such changes will not impact already payed services. Business Content publishing final fees will be calculated after we have all of the information about the publication. After a Business Member pays for a Business Content the Business Content price becomes final. Business Content publishing fee will be determined per each publication individually based on various factors. In case of deal publishing those factors include but are not limited to how many locations deal has, how far the locations are, deal visibility period, etc. Business Content publishing fees are final and will not change or vary based on the volume of sales after the fee has been payed. Member Content publishing fees for Business Members are described on our "Deals Pricing" page.
After Business Member deals are published, there are no refunds except in unusual circumstances, and then; the refund will be at our sole discretion.
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination you will stop representing yourself as a registered Member. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of our Website or Services.
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
This Policy/Agreement is protected under United States, Canadian, and foreign copyrights. The copying, redistribution, use or publication by you, is strictly prohibited.