BITEDOWNDEALS.COM TERMS OF SERVICE

Welcome to Bitedowndeals®.  Bitedowndeals.com, Inc. (the “Company” or “we”) provides services to its customers (collectively, the "Users" or “you”) subject to these Terms of Service (these “Terms”).  Please read these Terms carefully.  These Terms, as may be modified from time to time by Company, are a binding contract between the Company and you.  If you visit, use or shop at the Company’s website, currently located at www.bitedowndeals.com (the "Site"), you accept and agree to these Terms. 

1. MINIMUM AGE REQUIREMENT

The Site is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract.

2. PRIVACY POLICY

Please read our Privacy Policy, located at [link to Privacy Policy], which is incorporated into these Terms. We reserve the right to contact you in connection with your compliance with and performance of these Terms or any other activities relating to the Site.  

3. CUSTOMER SUPPORT

You may contact Company by sending an email to info@bitedowndeals.com.  You acknowledge that the provision of customer support is at Company’s sole discretion, and that we have no obligation to provide you with customer support of any kind.  We may provide you with customer support from time to time, at our sole discretion, provided that you have created a valid User account (an “Account”) and that you submit your customer support inquiries using such Account.

4. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

We do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, or error-free.  In the event of any errors relating to the pricing or specifications of any product, Company shall have the right to refuse or cancel any orders in its sole discretion.  If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.

5. SELLER; RISK OF LOSS

Company is the seller for all items on the Site.  All items purchased from the Site are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

6. ELECTRONIC COMMUNICATIONS

You agree to electronic communication for all of your transactions and communication with Company and the Site.  You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

7. NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS

Except as otherwise provided in these Terms, the Company will give you any notices by posting them on the Site, and you agree that such posting will constitute effective notice.  You authorize the Company to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if the Company decides, in its sole discretion, to do so.  You agree to keep your address current and that notice provided by the Company to the address that you have most recently provided will constitute effective notice. The Company’s address for Legal Notices is:

16030 Ventura Blvd. #695 Encino, CA 91436, with copy to: Medifar Law PC, 8474 West 3rd Street, Suite 206, Los Angeles, CA 90048

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent with the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Company’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

16000 Ventura Blvd. #410 Encino, CA 91436, with copy to: Medifar Law PC, 8474 West 3rd Street, Suite 206, Los Angeles, CA 90048

8. MODIFICATIONS TO TERMS AND SITE

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes.  We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice.

9. PROHIBITED CONDUCT

You agree not to do, or attempt to do, any of the following, subject to applicable law:  (a) alter information on or obtained from the Site; (b) tamper with registration information of other Users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose except as expressly permitted in writing by Company; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or performance, or send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient/User.

10. PROTECTION OF SITE CONTENT

The Site is protected by U.S. and international intellectual property laws, which you agree to respect.  All content on the Site, including but not limited to text, logos, icons, images and graphics, as well as the collection, arrangement, and assembly of such content, is the exclusive property of the Company or its content suppliers.   All software used on the Site is the property of the Company or its software suppliers.

11. TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site.  You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end.  If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.

12. DEALINGS WITH MERCHANTS; LINKS

The Site may contain advertisements, offers, or links to other websites and resources of third parties that we do not control.  Such third party sites/content/information, including advertisements, may or may not be or remain wholly accurate.  You acknowledge and agree that the Company is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources.  The inclusion of any link on the Site does not imply that we endorse the linked site.  You use the links at your own risk. The Company's Privacy Policy is applicable only when you are on our Sites.  Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser.  You waive any claim against the Company and agree to hold the Company harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of any such merchants or advertisers on the Site.

13. INDEMNIFICATION

As a condition of your access to and use of the Site, you agree to hold the Company, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms (including terms incorporated into them, i.e., the Privacy Policy), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) the Company's resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for the Company to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that the Company disclose your personal information and other information collected as set forth in our Privacy Policy).  Furthermore, you fully understand and agree that: (a) the Company will have the right but not the obligation to resolve disputes between Users relating to the Site and the Company's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) the Company's resolution of a dispute will be final with respect to the Site.

14. DISCLAIMER OF WARRANTIES

THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM THE COMPANY, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY.  YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER THE COMPANY, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

16. ADDITIONAL TERMS

a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

b. No Assignment. These Terms (including terms incorporated into them, i.e., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of the Company.   Any attempt by you to assign, transfer or delegate these Terms without the express written permission of the Company will be null and void.  The Company shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.

c. Jurisdiction; Choice of Law; Export Limitations. The Site is controlled by us from our offices within the United States of America.  If you choose to access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws.  You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms.  These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction.  You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, California.  Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in Los Angeles County, California.  You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.

d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Sites must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

f. Entire Agreement. These Terms (including terms incorporated into them, i.e., the privacy policy) comprise the entire agreement (the "Entire Agreement") between you and the Company with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

g. No Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or the Company's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

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