DEALMQL, LLC
WEBSITE TERMS OF SERVICE
Rev. 9.4.2024
1.
Introduction and Acceptance of Terms
1.1.
About DealMQL. Welcome to the DealMQL, LLC website. DealMQL, LLC is headquartered in Knoxville, Tennessee, U. S. A.
1.2.
Use is Acceptance. Access to this Site is only permitted pursuant to these Terms. By accessing and using this Site and related services and products, You agree to these Terms and Your affirmation that You have read and understood these Terms. When using a particular feature of this website, You may also be subject to any further posted guidelines, rules, terms of service, privacy policies, or other contractual provisions presented. If You do not agree to these Terms, please discontinue use of this Site immediately.
2.
Frequently Used Definitions
As used above and hereinbelow, the following words and phrases shall have the designated meanings.
"Company" means DealMQL, LLC, the owner of this Site.
"Terms" means this agreement containing the terms of service for use of this Site.
"Services and Products" means the services and items provided by the Company pursuant to this Site now existing and hereinafter created.
"Site" means this DealMQL, LLC website.
"You" and "Your"means and refers to any person using this Site and related Services and Products.
3.
Eligibility
You affirm that You are of legal age to enter into contracts in your jurisdiction.
4.
Modifications
The Company may revise these Terms at any time. Changes are effective immediately upon the posting of the revised Terms to the Site. Your continued use of this Site and the Company’s Services and Products indicates Your acceptance to the revised Terms.
5.
Certain User Responsibilities
5.1.
Account Information. You agree to provide accurate information when opening a user account on this Site and using the Services and Products. You further agree to update Your account information as needed.
5.2.
Confidentiality of Your Information. You are responsible for maintaining the confidentiality of Your password, account number, other account information, and all account activities. You agree to promptly notify the Company in the event of any unauthorized use of Your account. The Company shall not be responsible or liable for unauthorized use by others of Your account.
5.3.
Privacy. You agree that You have read, understand, and will abide by the Company’s Privacy Policy separately posted at this website.
6.
Intellectual Property
A.
Ownership. All content of this Site and the Services and Products, including text, images, and software are owned by, or licensed to, the Company and protected by intellectual property laws. The Company reserves all copyrights. You may use the content of this Site and the Services and Products only for Your personal or business activities conducted by You or Your employer. You may not modify the content of the Services and Products, and any modification or accessions of the Services and Products made by You in violation of the foregoing prohibition shall be owed by the Company. You may not sell, copy, distribute, create derivative works of the Company’s Services and Products
B.
Trademarks. "DealMQL," "DealMQL", "D" and any other mark used by the Company to promote its Services and Products offered on this Site are trademarks for the Company’s Services and Products owned by the Company and protected by applicable trademark laws whether or not said marks are registered with the USPTO.
C.
Contributions. If You submit any content to the Company, You grant to the Company a non-exclusive, worldwide, royalty-free license to use, modify, and distribute any such content in connection with the Services and Products.
7.
Prohibited Activities
You agree not to engage in the following activities (the "Prohibited Acts"):
7.1.
Use the Services and Products for any unlawful or unauthorized purpose;
7.2.
Access, or attempt to access, the Company’s systems or data through unauthorized means;
7.3.
Interfere with, or disrupt, the Services and Products and/or the servers connected to the Services and Products;
7.4.
Introduce viruses, malware, or any other harmful code to the Site and/or the Company’s servers;
7.5.
Use the Site in a manner that imposes an unreasonable burden upon the Company’s infrastructure to support the efficient operation of the Site;
7.6.
Engage in data mining, scraping, or similar data gathering activities; and
7.7.
Use the Services and Products to harass, abuse, or harm others;
7.8.
Employ any measure intended to circumvent limitations to the purchased number of Authorized Users.
8.
Termination
8.1.
Termination by the Company. The Company reserves the right to suspend or terminate Your access to the Services and Products in the Company’s sole discretion, without notice, for non-payment of any money due to the Company from You for use of the Site and the Company’s Services and Products, any violation of these Terms, and for any other reason deemed necessary by the Company to protect its business, reputation, and goodwill.
8.2.
Termination by You. You may terminate Your account with the Company and discontinue any purchasing of Services and Products at any time and without advance notice.
9.
The Perils of Internet Use
9.1.
Third-party Websites and Content. The Company's Services and Products may contain links to third-party websites or include content from third parties ("Third-party Content"). The Company does not control, monitor, or endorse these third-party websites, and the Company is not responsible for the accuracy, completeness, or reliability of any Third-party Content. Your interactions with these third-party websites are solely between You and the third party, and the Company is not liable to You for any losses or damages arising from Your use of or reliance on Third-party Content.
9.2.
Transmissions Non-confidential. You assume all responsibility and risk for Your use of the Site via the internet. You acknowledge that any uploads or transmissions You make related to the Site may potentially be intercepted and used by an unauthorized third party, including law enforcement.
9.3.
Computer Viruses. The Company cannot, and does not, guarantee the Site will be free of infection from computer viruses or other malware that could damage, detrimentally interfere with, surreptitiously intercept, or expropriate any of Your systems, hardware, software, data, or personal information belonging to You. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for reconstructing lost data.
9.4.
System Outages. The Company periodically schedules system downtime for maintenance of the Site and for other purposes. Further, unplanned system outages may occur. The Company shall have no liability to You for unavailability of the Site, for any reason, or for the loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of information caused by such system outages. Also, the Company shall have no liability to You for any outages of web-host providers, internet infrastructure, and networks external to the Site.
10.
Governing Law, Venue, and Suit
These Terms are governed by the laws of the state of Tennessee. Any dispute arising out of these Terms and/or Your use of the Services and Products will be resolved by litigation filed only in courts located in Knox County, Tennessee, U. S. A. As a material term to this agreement, You consent to jurisdiction and venue in said courts located in Knox County, Tennessee and that You further waive the defense of inconvenient forum. Notwithstanding the foregoing, the Company may freely bring litigation in courts where You are located to enforce the Terms, collect money You may owe the Company, and/or enjoin Your from engaging in any Prohibited Acts. For any suit brought by the Company against You, the Company may, if a prevailing party, recover its reasonable attorney’s fees and litigation expenses and costs.
11.
Publicity
Customer grants permission to DealMQL, LLC to use Customer's name and logo in its general marketing efforts. Any other use to which DealMQL, LCC wishes to use Customer's name and logo is permitted only upon Customer's prior written consent.
12.
Limitation on Liability and Disclaimer
The Services and Products are provided by the Company are "as-is." The Company has not agreed to create any customization of the Services and Products for You unless pursuant to a separate written agreement. As it regards the Services and Products, the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. In the event of any claim or demand by You against the Company for losses or damages, You agree that all such claims are limited to a recovery of the lesser of Your actual damages or the total of all money paid by You for the Company’s Services and Products purchased by You in the preceding six (6) months. The Company is further not liable to You for any indirect damages, consequential damages, punitive damages, trebling of damages, attorney’s fees, or lost profits.
13.
Indemnification
You agree to indemnify and hold the Company harmless from any claims made against the Company by others arising from Your use of the Services and Products, Your violation of these Terms, or your infringement of any third-party rights.
14.
Data Management
The Company retains the right to manage the data You submit or generate through Your use of the Site and/or the Services and Products. The Company is not responsible to You for any data loss or corruption.
15.
Electronic Communications
By using the Company’s Services and Products, You consent to receive electronic communications from the Company. You agree that these communications satisfy any legal requirement that such communications be in writing. You further agree that the Company may use Your account information to attribute an electronic signature to You in Your interactions with the Company.
16.
Contact Information
For questions or concerns, please contact the Company at:
DealMQL, LLC
Email: Anderson@dealmql.com
17.
Miscellaneous
17.1.
Severability. In the event that one or more of the portions of these Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such determination shall not affect any other provision contained in these Terms.
17.2.
Non-waiver. Any delay or failure by the Company to require performance of any provision of these Terms shall in no manner impair the Company’s right at a later time to enforce such provision.
17.3.
Assignability. You may not assign Your rights or delegate Your responsibilities hereunder without the express written permission of the Company. However, the Company may, at any time, assign its rights and delegate its obligations hereunder to a third person without advanced notice to You.
17.4.
Entire Agreement. These Terms constitute the entire agreement between the Company and You pertaining to the subject matter thereof.