Terms Of Service

Please read the Terms of Service (“Terms”) carefully before using the website DealClerk.com (“Site”). This agreement sets forth the legally binding terms and conditions for use.

DealClerk Incorporated (DealClerk.com) is an internet marketplace that allows users to Buy, Sell, Borrow, Lend, and Partner with each other for just about anything, with any final agreement directly between Users.

Also, while DealClerk.com (“Site”) is intended to assist in the negotiation of a transaction, we have no control over and do not guarantee: the existence, 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, borrower or lender will actually complete a transaction.

DealClerk Incorporated does not provide loans or funding of any kind, nor does it act in the capacity of a realtor, lender, or Attorney-In-Fact. DealClerk acts only as an intermediary between Users, as they negotiate the basic terms of their agreement with each other. DealClerk Incorporated does not warrant the information provided by any User, nor can it be deemed liable for information added to a Listing. DealClerk Inc. encourages all Users who enter into an agreement to seek the counsel of an attorney specializing in their specific business prior to executing their agreement.

Any decision by a user to offer or accept a transaction is a decision made at such User’s sole discretion. DealClerk Inc. has no responsibility or liability for any decision made by any User.

Use of the Site

By registering as a customer on the Site, you (referred to herein as ‘You’ or ‘User’) are agreeing to the following Terms. These Terms apply to all users of the Site including, without limitation, users who are vendors, customers, merchants, contributors of content, information and other materials or services on or through the Site. These terms are effective as of the date you click on the ‘I agree to the Terms of Services’ in the Registration screen. DealClerk.com reserves the right to cancel your account and terminate your access to the Site at any time.  

DealClerk Incorporated is the owner and operator of the Site and reserves the right to modify the terms and conditions or its policies relating to the Site at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Site after any such changes shall constitute your consent to such changes.

Users

You hereby acknowledge that you are receiving only matching services, based on your Listing criteria, from DealClerk.com and that each User is responsible for the content provided in their Listing and any decision made thereafter.

As a User, you agree that your account does not create any actual or apparent agency, partnership, or relationship with DealClerk.com and you further agree to indemnify DealClerk.com from any and all litigation arising from any transaction.

Fees and Payment

DealClerk.com uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. DealClerk.com is not responsible for any errors by the Payment Processor.

Refund policy

A refund for a Sponsored Listing is available within 10 days of the charge. No cause is required. Please send an email to Billing@DealClerk.com and a  refund will be processed within 30 days.

You also acknowledge that any User, to whom you are matched, is solely responsible for the content of their Listing and DealClerk.com does not warrant any content of a Listing nor any User’s ability or intent to enter into a binding agreement.

Disclaimer and release

You expressly understand and agree that your use of the services and the site is at your sole risk. You are willing to personally bear any risks related to your use of the services, assuming full responsibility for any harm or damage that may result. DealClerk.com expressly disclaims all warranties, guarantees, and conditions of any kind whether express or implied. User  acknowledges that in exchange for the use of the Site each User hereby: (A) releases DealClerk.com for any loss that may occur in connection with the services; and (B) agrees not to initiate any legal proceedings against DealClerk.com, its managers, employees, agents with respect to any such claims or damages.

Eligibility

You may use the Site only in compliance with these Terms and all applicable local, state, federal, and international laws, rules and regulations. Any use or access to the Site by anyone under 18 is strictly prohibited and in violation of these terms. The Site is not available to or authorized for use by any users previously removed from the Site. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Site. Any such unauthorized use is strictly forbidden and shall constitute a violation of federal and applicable state and local laws.

Site content

Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, intellectual property, photographs, audio, videos, music, (the “Site Content”), and all intellectual property rights related thereto, are the exclusive property of DealClerk Incorporated. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Site Content. Use of the Site Content for any purpose not expressly permitted by these Terms is strictly prohibited.

Contact Us

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Site or our Services (“Contact Us”). By submitting any suggestion or comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DealClerk.com under any fiduciary or other obligation, and that we are free to use the suggestion without any additional compensation to you, and/or to disclose the suggestion on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, DealClerk.com does not waive any rights to use similar or related ideas previously known to DealClerk.com, or developed by its employees, or obtained from sources other than you.

Online account

By creating an online account on the Site, you will create a Username and Password for access to an online account with DealClerk.com. You will be solely responsible for maintaining the confidentiality of the online account and its password, and are solely responsible for any and all activities that occur under your account.

As a DealClerk.com account holder, you agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always exit from your account at the end of each session. You agree that DealClerk.com cannot and will not be liable for any loss arising from your failure to comply with these requirements.

You acknowledge, consent and agree that DealClerk.com may access, preserve and disclose your account information if, in our sole discretion, we believe doing so is in any manner necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any online content that violates the legal rights or obligations of third parties with whom we contract; (d) respond to your requests for customer service; or (e) protect the rights, property and personal safety of DealClerk.com, its Users and the public.

DealClerk.com expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of our online services. Reasons for doing so include, but are not limited to, instances in which DealClerk.com believes in its sole discretion, you have: (i) violated or tried to violate the legal rights of others to use the services of and/or associate with DealClerk.com; or (ii) have violated these Terms. You hereby agree that, under these Terms, DealClerk.com is not required to give you any prior notice of termination of your account and referrals.

By creating an online account, you acknowledge and understand that the software that embodies the Site may include security components that allow us to protect, record, and preserve data that is utilized by operation of the software. By using any software made available through the Site, you agree that you shall not attempt to override or circumvent any such protective, recording, or preservation measures, including but not limited to the usage rules embedded in the software.

Limitation of liability

Your use of the Site and/or any Services is at your own risk. The Site and Services are provided on an “as is” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

DealClerk Incorporated and its agents, successors, officers, employees, members, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees will not be liable for any direct, indirect, or consequential loss or damage whatsoever arising out of or in connection with the use of the site and/or services.

Reservation of rights

If we believe, in our sole discretion, that a violation of these Terms has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any user information. We may seek to gather information from a user who is suspected of violating these Terms (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any information, emails, or other materials that are believed to violate these Terms.

Intellectual property

You acknowledge and agree that DealClerk Incorporated exclusively owns all rights, title and interest in and to the information and content provided through the Site and all proprietary rights in the information. Reproduction, distribution and transmission of any information obtained from the Site is strictly prohibited, except with prior written permission from DealClerk Incorporated. You also may not republish, post, transmit or distribute any content without our consent. You further agree not to create abstracts from or scrape our content for use on another website or service.

Severability

In the event any provision of these Terms is held to be invalid or unenforceable; the remaining provisions of these Terms shall remain in full force and effect.

Time to bring claims

You agree that any claim or cause of action arising out of, or related to the use of, the Service or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.

Survival

All terms and provisions hereof which should by their nature survive the termination shall so survive, including without limitation, those Sections relating to Limitations of Liability, Indemnification, Disclaimer of Warranties, and Intellectual Property.

Assignment

These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. We may freely assign these Terms without consent or notice.

Amendments

DealClerk Incorporated reserves the right to amend these Terms at any time, without notice, to affect future dealings between you and DealClerk Incorporated. You may not alter these Terms, your obligations, or our obligations unless such an alteration is obtained in a writing signed by DealClerk Incorporated.

Enforceability

You hereby affirm that you are of sound mind and body to enter these Terms, are able to understand it, and hereby waive any defense to the enforceability of these Terms, including intoxication.

General

The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved. It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Legal Disputes

You and DealClerk Incorporated agree that any claim or dispute at law or equity that has arisen, or may arise, between you and DealClerk Incorporated (including any claim or dispute between you and a third-party agent of DealClerk Incorporated ) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of DealClerk Incorporated  or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and DealClerk Incorporated , except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and DealClerk Incorporated  each agree that any and all disputes or claims that have arisen, or may arise, between you and DealClerk Incorporated  (including any disputes or claims between you and a third-party agent of DealClerk Incorporated ) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of DealClerk Incorporated  or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

you and Dealclerk Incorporated agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding. unless both you and Dealclerk incorporated agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and DealClerk Incorporated 's right to appeal the court's decision. All other claims will be arbitrated.

2. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by certified mail, a notice of intent to arbitrate a claim. The Notice to DealClerk Incorporated should be sent to DealClerk Incorporated, 3616 Kirkwood Highway Suite A # 1491 Wilmington DE 19808

DealClerk Incorporated will send any notice of intent to arbitrate to you to the physical address we have on file associated with your DealClerk Incorporated account; it is your responsibility to keep your physical address up to date. All information called for in the intent to arbitrate must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

            If you and DealClerk Incorporated  are unable to resolve the claims within 30 days after the intent to arbitrate is sent, you or DealClerk Incorporated  may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to DealClerk Incorporated at the following address: DealClerk Incorporated , DealCerk Incorporated 3616 Kirkwood Highway Suite A # 1491 Wilmington DE 19808

In the event DealClerk Incorporated  initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your DealClerk Incorporated  account. Any settlement offer made by you or DealClerk Incorporated shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or DealClerk Incorporated  may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and DealClerk Incorporated  subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or DealClerk Incorporated  may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same DealClerk Incorporated  user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

3. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, DealClerk Incorporated  will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by DealClerk Incorporated  should be submitted by mail to the AAA along with your Demand for Arbitration and DealClerk Incorporated will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse DealClerk Incorporated  for all fees associated with the arbitration paid by DealClerk Incorporated  on your behalf that you otherwise would be obligated to pay under the AAA's rules.

4. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

5. Opt-Out Procedure

If you are a new user of our services, you can choose to reject this agreement to arbitrate ("opt-out") by mailing us a written opt-out notice ("Opt-Out Notice"). the opt-out notice must be postmarked no later than 30 days after the date you accept the Terms for the first time. you must mail the opt-out notice to Dealclerk Incorporated  DealCerk Incorporated 3616 Kirkwood Highway Suite A # 1491 Wilmington DE 19808

The “Opt-Out Notice” must include your legal and mailing address, your DealClerk.com Username and e-mail and be signed and dated. The notice should state you are writing to provide notice that you are opting out of the Agreement to Arbitrate in the DealClerk.com Terms of Service User Agreement.

You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

6. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against DealClerk Incorporated  prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and DealClerk Incorporated. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the DealClerk.com blog.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and DealClerk Incorporated  must be resolved exclusively by a state or federal court located in Wilmington, Delaware. You and DealClerk Incorporated  agree to submit to the personal jurisdiction of the courts located within Wilmington, Delaware for the purpose of litigating all such claims or disputes.