Terms & Conditions

 The terms and conditions contained below govern the use of the DailySteals.com website (the “Site”). If you do not agree to the terms and conditions set forth below, please do not use the website or any information contained therein. By using the website and/or the information contained therein you agree to the terms set forth below.  To report a terms of service violation, send an email to [email protected].  Any and all references to BN Chaos herein include by reference its parents, subsidiaries and/or affiliates, any person or entity operating, maintaining or hosting the Site on behalf of BN Chaos, our parents, subsidiaries, affiliates, officers, directors, employees and agents, and the term “we” refers to all of us.

 PURCHASE OF PRODUCTS

 The products listed on the Site may include product(s) from Daily Steals, BN Chaos, any person or entity operating the Site for BN Chaos or their affiliates and subsidiaries ("DS Product") as well as product(s) from third party sellers ("Third Party Product"). DS Product and Third Party Product will be collectively referred to as "Listed Products". With respect to Third Party Product, it is the objective of the Site to provide access to services, including an online marketplace, so that third party sellers that use the Site ("Third Party Sellers") can locate interested buyers.  If you qualify to place bids or otherwise purchase Listed Products on this website as described below and have a bid accepted, you become a buyer (“Buyer”).  You must accept and agree to these Terms of Use before placing a bid or making a purchase. The Terms of Use apply to the bidding/purchasing process and to any purchase of Listed Products if you are awarded those Listed Products. This Agreement applies to you on the date you accept the Terms of Use and on a going-forward basis every time you use the Site or purchase Listed Products on the Site. From time to time, we may add, delete or modify various terms contained in this Terms of Use, and you agree to be bound by such additions, deletions and modifications once they are made available on this website.  Your continued use of this website including but not limited to the placing of bids or offers to purchase constitutes your acceptance of such additions, deletions and modifications. THE SUBMISSION OF A BID OR YOUR OFFER TO PURCHASE CONSTITUTES AN IRREVOCABLE OFFER TO PURCHASE THE LISTED PRODUCT YOU BID ON, WHICH WE MAY ACCEPT OR REJECT IN OUR SOLE DISCRETION, ON THE TERMS AND CONDITIONS OF THE LISTING AND IN ACCORDANCE WITH THE TERMS OF USE. YOU AGREE THAT TERMS OF USE APPLY EACH TIME YOU PLACE A BID OR PURCHASE LISTED PRODUCTS FROM THE SITE.  SHOULD THE TERMS OF THIS TERMS OF USE CONFLICT WITH THE TERMS OF THE LISTING THEN THE TERMS OF THIS TERMS OF USE SHALL PREVAIL.

 

You acknowledge and agree that by placing a bid for Listed Products, you agree to pay to us the price you bid (the "Purchase Price") for the Listed Products, plus any applicable sales taxes if you are awarded the Listed Products (“Total Purchase Price”).  In the event that we do not receive the required payment from you within the allotted time, we, at our sole option and discretion, may terminate the sale of the Listed Products by giving written notice to you, which may be by email. Upon such notice, you shall not have any right, title or interest in or to the Listed Products, and the Listed Products may be marketed and sold to someone else without any liability on us and without us having to refund to you any prior payments made by you.

 Title and Risk of Loss. Title and risk of loss of the Listed Products shall pass from us (or, if Third Party Product, from the Third Party Seller) to you upon tender of such Listed Products to you or to the carrier at the seller's facility ("Point of Purchase").

 WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LISTED PRODUCTS AND OTHER PRODUCTS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS OTHERWISE PROVIDED FOR BY LAW.

 You may not return any of the Listed Products to us or Third Party Sellers for refund, exchange or otherwise, unless otherwise provided in writing with the advertised Listed Product or pursuant to our refund policy. In addition, you hereby acknowledge that Third Party Sellers may fail to perform. We do not provide any representations or guarantees that Third Party Sellers will complete a transaction. With respect to Third Party Product, it is expressly understood and agreed that we have no duty to you with regard to transactions through the Site other than those duties expressly outlined in this Terms of Use. We do not guarantee any individual Third Party Seller's ability to complete transactions using the Site and make no representation regarding the creditworthiness or performance of any Third Party Seller. You agree not to hold us, our parents, subsidiaries, affiliates, officers, directors, employees or agents liable for any loss or damage of any sort incurred as the result of your dealing with any Third Party Seller.

 

INDEMNIFICATION

 

You will indemnify, defend and hold us, any person or entity operating, maintaining or hosting this Site, our parents, subsidiaries, affiliates, officers, directors, employees or agents harmless from and against any and all claims, demands, causes of action, actions, fines, costs, liabilities, and expenses, of any nature, (including, but not limited to court costs, costs of investigation, and attorney’s fees) arising out of or in connection with the following: (a) any sale or resale of the Listed Products, (b) any misrepresentation or breach by you of this Terms of Use, (c) damage or injury to persons or property, (d) the loss, theft or destruction, whether partial or whole, of the Listed Products and other items, whether delivered to the freight carrier or in your possession; (e) the reconditioning, refurbishing, resale, sale, or repackaging of the Listed Products and other items under these Terms of Use; (f) the labeling, advertising or notices placed on the packaging or elsewhere or the lack of notices which should have been placed on the packaging; (g) inaccurate descriptions of the contents of the Listed Products, other items, and the package; (h) the performance or nonperformance of your obligations under these Terms of Use; (i) your dispute with a Third Party Seller or another user of the Site; (j) the failure to delete and remove all information (including Customer Information) or items contained in or on the Listed Products and other items delivered to the freight carrier or sold to you; and (k) any actual or alleged act of commission or omission by you and/or your successors, assigns, affiliates, parents, subsidiaries and/or divisions, and/or any of their respective affiliates, successors, assigns, officers, directors, employees, agents, representatives and independent contractors. This Paragraph will survive the termination or expiration of this Agreement.

 

LIMITATION OF LIABILITY

 

THE ENTIRE RISK ARISING OUT OF ANY PRODUCTS OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND ANY CONTENT, USER CONTENT OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL WE OR OUR PARENTS, SUBSIDIARIES AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT, USER CONTENT AND/OR DIGITAL DOWNLOADS, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, USER CONTENT AND CONTENT OBTAINED THROUGH THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO US BY YOU IN THE IMMEDIATELY PRECEDING THREE (3) MONTHS. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED LISTED PRODUCTS. USER INFORMATION SUCH AS ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF US. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO THE PRICE THAT YOU PAY TO PURCHASE LISTED PRODUCTS. This provision shall survive the termination or expiration of this Agreement.

 

 

COPYRIGHT & TRADEMARK NOTICE

 

This website was created by or for the benefit of BN Chaos, is owned for BN Chaos and operated for the benefit of BN Chaos and is protected by copyright laws. Copyright © 2011-2015 by BN Chaos. "DailySteals.com," "DailySteals", the mobile and touch versions, and any graphical and textual displays associated therewith, including but not limited to logos, labels, slogans, and captions, are trademarks of BN Chaos.  All rights are reserved. You are hereby granted a limited non-exclusive and revocable right to view, store, print, reproduce, and distribute any pages within this website, or portions thereof, for noncommercial use only in support of BN Chaos services and/or products, provided that you do not modify any page, or any portions thereof. In addition, you agree not to use, reproduce or distribute any pages within this website, or portions thereof, in any manner inconsistent with the foregoing, or in any manner damaging to or disparaging the reputation of BN Chaos or its services, products or personnel.

 

APPLICABLE LAW

 

This website (excluding linked sites) is controlled by or on behalf of BN Chaos from the State of New Jersey, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Each of these jurisdictions may have laws and regulations that differ from those of the State of New Jersey. By accessing this website, you and BN Chaos agree that the laws and regulations of the State of New Jersey, will apply to all matters relating to your access of this website, without regard to any conflict of laws principles. In the event of a dispute, you and BN Chaos agree to submit to the exclusive personal jurisdiction and venue of the United States District Court for the District of New Jersey with respect to such dispute.  In the event that the United States District Court for the District of New Jersey does not have jurisdiction over the subject matter of the dispute, you and BN Chaos agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of the State of New Jersey located in Morris County, New Jersey.

 

NO ENDORSEMENT OF THIRD PARTY LINKS

 

All product and brand names mentioned on this website are trademarks of their respective owners, and any mention thereof on this website is for informational purposes only and does not necessarily constitute an endorsement or a recommendation thereof by BN Chaos or its personnel. This website contains links to other resources on the Internet. Those links are provided solely for your convenience and to assist you in locating other Internet resources that may be of interest to you, and are not necessarily intended to state or imply, unless otherwise noted, that the information is accurate or that the links are current.  BN Chaos is not responsible for the content of such links and in no way shall anything be interpreted as an endorsement, sponsorship or association of any kind between BN Chaos and the links.

 

ADDITIONAL TERMS

 

By using this service, you indicate that you are authorized to use the indicated email address and that the email address and information supplied is correct. And remember, that you must be aged eighteen years or older to sign up as a Daily Steals® user. Usage of the site is limited to persons aged eighteen years old and older. BN Chaos does not vouch for or warrant the accuracy, completeness or usefulness of any user or manufacturer messages, and are not responsible for the contents of any such message. The messages express the views of the author of the message only, and not necessarily the views of DailySteals.com. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email at [email protected].  

 

RULES OF CONDUCT

 

Chat and Message Boards are two of the services that may be provided under DailySteals.com Services. The goal of DailySteals.com is to provide an interesting, stimulating, and fun place for Internet users. In keeping with this goal, you, as a user of DailySteals.com Services, including Chat and Message Boards, must agree to abide by these Terms and Conditions. By accessing Chat or Message Boards with a Username and Password, you agree to accept these Terms and Conditions. You agree that any Username and Password you choose or are assigned is not transferable and can only be used by you. If you violate any of the Terms and Conditions, your access to the Chat, Message Board area and/or other DailySteals.com Services may be suspended or terminated without notice. User names or messages from a user name which include profanity, sexual connotations, sexual preference, derogatory references towards others, or any other reference which goes against our terms of service are not allowed and the user name will be suspended or terminated. This suspension or termination is at the sole discretion of BN Chaos or their designated Monitor, Moderator or party assigned to supervise Chat and Message Board areas. BN Chaos reserves the right to revise our Terms of Conduct (TOC) at any time, at our sole discretion and without prior notice. You agree that you will periodically review TOC to be aware of any such revisions. If any revision is unacceptable to you, you agree to stop using DailySteals.com Services, including Message Boards and Chat. You may request removal of your Username and Password by writing to BN Chaos / DailySteals.com or by sending electronic mail to the address at the end of this document. Your continued use of DailySteals.com Services following notice of any such revision (s) shall be conclusively deemed as acceptance of all such revisions. BN Chaos attempts to create a safe and fun environment for all individuals, by taking measures to prevent and end offensive behavior. However, BN Chaos can not and does not monitor chat rooms at all times, and makes no guarantee on your experience with this service. Because BN Chaos can not, at this time, guarantee that DailySteals.com chat is free of all offensive behavior, we encourage users under the age of 18 to use DailySteals.com chat only with adult supervision. While our sincere goal is to create a chat environment that is both comfortable and safe for Internet users, we ask that you use DailySteals.com Chat with wisdom and caution, and that you make use of available DailySteals.com tools and information to respond to users, and report any violations of Terms of Conduct (TOC). By accepting the Terms of Conduct below, you acknowledge that you have thoroughly reviewed and agree to adhere to all Terms while using all DailySteals.com Services including, but not limited to, Chat and Message Boards. Any conduct that, at BN Chaos’ sole and absolute discretion, restricts or inhibits any other user from using or enjoying DailySteals.com Services will not be permitted and may result in termination of your account. You agree that you will not use DailySteals.com Services to post, transmit messages (including but not limited to text, graphic, audio and video files or links to the previous) in any of the following ways: You will not use DailySteals.com Services for any unlawful purpose. You agree that you will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law. Violations in this area will result in immediate termination from service, and reporting of your conduct to the appropriate authorities. You will not post foul, vulgar, obscene or sexually explicit language, obscenities, racial epithets, hateful or derogatory words or phrases in any variation. Using such content or language undermines the goals of a family-friendly community-oriented service, and is not allowed. Please use your best judgment and be respectful of others. If you use such language, even if masked by symbols or other characters, you may either receive a warning by a Monitor, or have your access to both Chat and Message Boards suspended or terminated. A warning indicates that your posts are not in keeping with DailySteals.com TOC. If you receive such a warning, you agree to read the DailySteals.com Terms of Conduct again. You will not harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user or users of DailySteals.com Services or other persons or entities. You may express your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited. A violation in this area may result in a warning or immediate termination from service. If you receive such a warning, you agree to read the DailySteals.com Terms of Conduct again. You will not distribute, promote, transmit or advertise any harmful, hateful, harassing, defamatory or potentially libelous, vulgar, obscene, sexually explicit or sexually solicitous, illegal, racial or otherwise objectionable content, in forms including but not limited to, text, graphics, audio, and video files or providing web links to sites which display or promote the same. Such content undermines the goals of a family-friendly community- oriented service, and is not allowed. If you post such content, you may face immediate termination from service. You will not disrupt the normal flow of dialogue, post or transmit messages that are not directly related to the specific topics or the "thread" of the messages posted on that board, or otherwise act in a manner that negatively affects other users, individuals or entities. You will not impersonate any person, including but not limited to a BN Chaos or BN Chaos Official, Message Board Moderator, Chat Monitor or Host, or communicate under a false name or a name that you are not entitled or authorized to use. Users must avoid the portrayal of DailySteals.com or BN Chaos personnel or other persons in all forms of online communication, including, but not limited to, DailySteals.com User Names, DailySteals.com User Profiles, and message postings in either Chat or Message Boards. Users are allowed one account per individual. A violation in this area may result in immediate termination from service. You will not lie or misrepresent age, gender or e-mail addresses using DailySteals.com Services, including, but not limited to your User Profile or postings in Chat Rooms or Message Boards. It is necessary to ensure that individuals do not assume identities other than their own. It is allowable and acceptable for Users not to provide their e-mail address to others, as well as to assume a "gender neutral” position on a message board or in a Chat room by not identifying your age or sex. Direct misrepresentation of your e-mail address, age or gender may result in a warning or immediate termination from service. A warning indicates your conduct is not in keeping with DailySteals.com Terms of Conduct. If you receive such a warning, you agree to read the DailySteals.com TOC again. You will not post, transmit or distribute disruptive content, including but not limited to, chain letters, pyramid schemes, unnecessarily long messages, unnecessary, repetitive posts, meaningless text, offensive declarations or exhortations, "repetitious screaming" or other disruptive content. This material places an unnecessary load on our system and is considered a nuisance by many Users. Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. All such messages are prohibited on all DailySteals.com Services. You will not attempt to "crack,” "hack,” "bomb,” manipulate or otherwise disrupt DailySteals.com servers, DailySteals.com Services or software, or any DailySteals.com Live Event in any way. Such behavior is viewed as a serious and immediate effort to undermine and inflict harm to BN Chaos. Violation of this policy will result in immediate termination from service and potential legal action against the offending party for which you agree to be responsible for costs and reasonable attorney’s fees. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by DailySteals.com for such purposes. You will not post information to Users, individuals or entities that promotes, arranges or solicits business or business dealings, including but not limited to, multilevel marketing programs, "get rich quick” schemes, trading, buying or selling of goods, except in areas designated by DailySteals.com for such purposes. DailySteals.com does not endorse, warrant or guarantee any product or service offered through DailySteals.com Services and will not be a party to or in anyway monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or environment, you should use caution and your best judgment at all times. Blind opportunity ads and "get rich quick" schemes should be approached with ample skepticism. DailySteals.com cannot mediate disputes and will not assume responsibility for any outcome. BN Chaos reserves the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless BN Chaos and their agents with respect to any claim based upon transmission of your message(s). 

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