THESE TERMS OF SERVICE ("TOS") CONTAIN IMPORTANT INFORMATION. PLEASE READ THEM CAREFULLY. BY USING THE JANSDEALS.COM WEB SITE, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THESE TOS, AND THAT YOU WILL BE LEGALLY BOUND BY THESE TOS AS IF YOU HAD SIGNED THEM. IF YOU DO NOT WISH TO BE BOUND BY THESE TOS, PLEASE EXIT THE SITE NOW.

Your use of this web site is also subject to our Privacy Policy.

Introduction.

Welcome to the Jansdeals.com web site (the "Site"). Jansdeals.com is produced by Stuart Consumer Product Labs, Inc. (referred to in these TOS as "Jansdeals," "us," or "we"). Jansdeals provides the Site subject to your compliance with these TOS, which set forth the terms and conditions governing your use of this Web Site.

Modifications to These TOS. Jansdeals may amend these TOS from time to time by updating this page. Your continued use of the Site after revisions have been made will indicate your acceptance of the revised TOS. Please bookmark and periodically review this page for updates to ensure that you are familiar with the most current version.

Intended Audience. Jansdeals operates the Site from its offices in the United States. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.

As used in these TOS, Jansdeals "Related Entities" are our related companies, information providers, partners, sponsors, contractors, advertisers, and suppliers of products and services, together with their respective owners, directors, officers, employees, licensors, and agents. "Users" (defined below), including "Businesses" (also defined below), are not Related Entities unless they have also established a formal business relationship with us separate from a Jansdeals account. Nothing in these TOS create any obligations of any Related Entity to you, or gives you any rights against any Related Entity.

Users and Deals.

Users. As used in these TOS, a "User" is anyone who uses the Site. "Deals" are the postings on the site offering or announcing something, which could be products, services, activities, information, and so on.

Users do not need to register to use browse Deals, but there are benefits to registering. Users may register for a free account, called a "Consumer" account. In addition to browsing for Deals, Consumers may rate Deals, subscribe to favorite Deals categories, and receive e-mail notifications about certain Deals. If you wish to post a Deal and have already registered for a Consumer account, you must then register for a "Business" account. Only Businesses may post and edit Deals. While a Consumer account is free, there is a charge for a Business account.

Certain areas and/or features of the Site may be available only to registered Users, or just to one particular type of account, and we may add to or change those areas/features (and/or add or change fees for use of certain areas/features) at any time without notice.

Along with the rest of these TOS, Businesses are specifically subject to the "Special Provisions for Businesses" that appear later in these TOS.

Deals. The sole purpose of the Site, and Jansdeals's only role regarding the Site, is to provide a place where Businesses may post Deals and Users may browse Deals. If you elect to respond to a Deal, all communications, transactions, and anything else relating to that Deal are strictly between you and the Business that posted the Deal.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE DEALS, TO DECIDE WITH WHOM YOU WISH TO COMMUNICATE AND/OR DO BUSINESS, AND ON WHAT TERMS YOU WISH TO DO SO. Jansdeals does not investigate or evaluate the value, usefulness, legitimacy, accuracy, safety, or any other aspect of any Deal or of any product, service, activity, entity, information, material, and/or anything else directly or indirectly offered or announced by means of, or resulting from, any Deal, or the background, legitimacy, history, or any other aspect of any Business.

If you have a dispute with any User(s), you hereby release Jansdeals and its Related Entities (and our respective officers, employees, agents, and successors in rights) from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or any service we provide. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

By using the Site, it is possible that you may be exposed to material that is offensive, inappropriate, harmful, indecent, inaccurate, deceptive, misleading or otherwise objectionable.

Third-Party Sites. Deals may include links to websites outside Jansdeals.com. We have no control over such third-party sites' content, or any legal terms and/or privacy policies that may or may not apply to them. As a result, we cannot be responsible for any content, advertising, products, services, or other material on or available from web sites that are linked to or from Jansdeals, or for any action or omission of any owner or operator of any third-party site.

Personal Information. In order to use certain parts of the Site, you may be asked to supply certain personal information. Jansdeals will treat all personal information as described in our Privacy Policy. All personal information that you provide must be accurate, complete, and kept current. If you have questions concerning a particular entity's treatment of your personal information, you should ask them directly, ideally before you provide that information to them.

Copyright and Trademark. The Site and all of its contents and components (including Deals, underlying code, graphics, etc.) are copyrighted, and you may not copy, resell, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit or redistribute any part of the Site in any manner without the express written permission of the owner(s).

Copyright © 2009 Stuart Consumer Product Labs, Inc. All rights reserved. "Jansdeals.com" and the Jansdeals.com logo are service marks of Stuart Consumer Product Labs, Inc. Any other trademarks appearing on the Site are trademarks or registered trademarks of their respective owners. Nothing in these TOS grants you any right to use any trademark, service mark, logo, or trade name of Jansdeals, any Jansdeals Related Entity, or any third party.

Copyright Owners' Rights Under the Digital Millennium Copyright Act Of 1998. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or that access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. You can find more information at the U.S. Copyright Office Website. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims.

Send notices and counter-notices to: 9858 Glades Road,#124, Boca Raton, FL 33434, fax to 877.962.6626 or email service@jansdeals.com. Please do not use this contact information for any other purpose. If you need to contact us for any other reason, please use our Contact Us section.

Special Provisions for Businesses. The following provisions apply to Businesses:

• You are solely responsible for all Deals posted from your account. All Deals must comply with the Acceptable Use Policy below, and any other applicable requirements posted on the Site. You are responsible for complying with all applicable laws, regulations, and other requirements relating to (1) all Deals posted under your account, (2) anything offered, announced, and/or provided (whether directly or indirectly) by means or as a result of any Deal you post, and (3) the use of any personal information obtained through, or in connection with, any such Deals.
• We reserve the right to monitor or review Deals at any time, although we are under no obligation to do so and assume no responsibility or liability arising from the content of any Deals or anything offered directly or indirectly by means of a Deal. Jansdeals will cooperate with law enforcement authorities, and may (without notice to you) comply with judicial or administrative orders directing Jansdeals to disclose information relating to any Deal.
• Without limiting any other part of these TOS, you may not use the Site in any manner to offer or solicit, or to further or facilitate, any transaction or activity involving any of the following:
• firearms and ammunition, other weapons, or explosives;
• fireworks;
• human or animal body parts and remains (other than funeral-related services that meet all applicable legal requirements); or
• We do not make any claim of ownership of any content of any Deal you submit. However, by submitting a Deal, you: (i) grant Jansdeals perpetual, non-exclusive, permission to use, copy, modify, display, and distribute the contents of that Deal in whole or part, in any manner, medium, and location, without any obligation or liability to you; and (ii) represent and warrant to Jansdeals that nothing in your Deal is confidential, and that you have all necessary permission for Jansdeals to post, copy, transmit, and otherwise use all contents of your Deal.
• While we may retain copies of some or all of the of any contents of any Deal(s) (including after cancellation of your account), we have no obligation to do so or to provide copies of any material that we may retain. Our right to use any material we retain is subject to the limitations in the previous paragraph.
• We may cancel any Deal at any time without notice or compensation.
• Business Account Automatic Renewal, Cancellation, and Refund Policy:
• All Business accounts automatically renew, meaning that we will bill your credit card for the current annual account fee each year on the anniversary of your account registration, until you cancel. For example, if your registration is effective on July 1, 2009, your next billing date is July 1, 2010. We will keep your credit card information on file for billing purposes and may ask to you to update it.
• You may cancel your Business account prior to the billing date, or no later than 10 days after it, to avoid future charges by sending an email to our customer service department. If we receive your cancellation within this 10-day period, we will credit your renewal fee back to your credit card if we have already charged it (please allow a reasonable time for processing). If you cancel after this 10-day period, you are not eligible for a refund of any kind. We do not provide partial (pro-rated) refunds.
• Access to your Business account will be terminated immediately upon processing your cancellation, and you agree to cease all use of your Business account once you request to cancel. Please note that your Deals may remain viewable on the Site for a limited period following cancellation.
• You agree to indemnify, defend, and hold harmless Jansdeals and our Related Entities, and the respective employees, directors, officers, and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from, or in connection with, any Deal submitted or posted under your account.

Acceptable Use Policy (for all Users). You agree to abide by the following Acceptable Use Policy. Failure to abide by this Acceptable Use Policy and/or these TOS is grounds for immediate limitation or termination of your use of the Site (which may include removal of Deals posted by your account whether or not they violate this Acceptable Use Policy) without notice or compensation. In certain cases, failure to abide by this Acceptable Use Policy or these TOS can subject you to civil or criminal penalties. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

1. You may not use the Site in any manner that:

• infringes (or results in the infringement of) Jansdeals's, our Related Entities', and/or any third party's intellectual property or other rights;
• is illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
• does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, "applicable" refers to both your own location and to location(s) of all other parties to the transaction; and/or
• would cause Jansdeals and/or any Related Entity to be in violation of any law or regulation, or to infringe any right of any third party.

2. You may not use the Site to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:

• material that meets any of the descriptions in 1., above;
• material that may reasonably be considered offensive (including material promoting or glorifying hate, violence, bigotry, intolerance, or any past or present entity principally dedicated to such causes, or items associated with such an entity);
• material that is defamatory or threatening to individuals (whether or not definitively identified) or groups;
• pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children); or
• any virus, worm, Trojan horse, or other harmful or disruptive component.

3. You may not do (or attempt to do) any of the following in connection with the Site:

• Restrict or inhibit use of the Site. This includes: (a) using any account without the owner's permission; (b) obtaining or soliciting another person's password or other personal information under false pretenses; or (c) impersonating another user or otherwise misrepresenting yourself in any manner, whether to another user, to us, or otherwise.
• Interfere with the operation of the Site. This includes: (a) interfering with, defeating, or circumventing any access or security function of the Site; or (b) accessing any portion of the Site that you are not authorized to access.
• Misuse any communication function available on the Site. This includes: (a) sending unsolicited commercial email that causes complaints from the recipients; (b) continuing to send commercial email to a recipient who has requested that you discontinue such communication; (c) sending bulk emails, "spam", chain letters, "mail bombs", or other disruptive transmissions; or (d) forging message headers or otherwise concealing an email address or preventing others sending a response to a actual sender of a message.
• Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site without our prior written authorization. This includes framing or mirroring any part of the Site.
• Remove any copyright, trademark, or other proprietary rights notice contained in any material available on the Site.
• Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site.
• Harvest, collect, or mine information about other users of the Site other than users who have a legitimate business relationship with you.
• Replicate or store any non-trivial portion of the Site by systematically downloading and storing material from the Site.

Disclaimer. You assume the entire risk of loss and damage due to your use (or inability to use) of the Site, and/or resulting directly or indirectly in connection with any Deal. Neither Jansdeals nor any Related Entity will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, or other damages or losses (including, without limitation, loss of profits, goodwill, use, data or other intangible losses), whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with: (a) your use of (or inability to use) the Site or any Site component or function, including any proposed or actual communications and/or transactions that involve or result from your use of the Site and/or in connection with any Deal posted on the Site; (b) any material, information, opinion, advice, or statement available (or intended to be available) on or through the Site or provided directly or indirectly in connection with any Deal; (c) any error or omission of Jansdeals, or any act or omission of any third party including other Users; (d) any error, delay, interruption, operational problem, unavailability, interruption, or failure of or in the Site, any Site component, or any directly or indirectly related equipment, system, programming, or network (including the Internet); (e) any breach of security involving the Site or your account; or (f) any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site. IN NO EVENT SHALL JANSDEALS'S LIABILITY TO YOU ARISING FROM ANY MATTER RELATING IN ANY WAY TO THE SITE AND/OR THESE TOS EXCEED THE LESSER OF (A) ONE YEAR'S JANSDEALS FEE FOR THE ACCOUNT USED TO POST THE DEAL GIVING RISE TO THE CLAIM OF LIABILITY, OR (B) $200.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, and as a consequence some of the above limitations may not apply to you.

Jansdeals and our Related Entities: (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything intended to be available on or through the Site; and (b) will not be liable or responsible for any typographical or other errors, or any omissions, in anything available on the Site (regardless of the cause or party responsible), or for any resulting damages.

WITHOUT LIMITING THE FOREGOING, EVERYTHING AVAILABLE ON OR THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

JANSDEALS DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND BY YOUR USE OF THE SITE YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

ANY WARRANTY PROVIDED IN CONNECTION WITH ANYTHING OFFERED OR AVAILABLE THROUGH THE SITE AND/OR IN CONNECTION WITH A DEAL FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY JANSDEALS OR ANY RELATED ENTITY.

Indemnity. You agree to indemnify, defend, and hold harmless Jansdeals and our Related Entities, and the respective employees, directors, officers, and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from: (a) your breach of these TOS; (b) any loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions or communications that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

Other Terms. We may at any time, without prior notice and without compensation: (a) change or eliminate any component of the Site; (b) impose, remove, or change any fees or charges for use of the Site or any feature thereof; and/or (c) assign any and all of our rights under these TOS to any other entity. These TOS will bind and inure to the benefit of each party's permitted successors and assigns.

Jansdeals has the right (but not the obligation) at any time and for any reason, in its sole discretion and without notice or any liability to you, to delete or deactivate your account, block your use of the Site, or otherwise terminate your access to, or use of, the Site (or any part of the Site), and remove any Deal or other material that you may have placed on the Site. If Jansdeals takes any such action, you agree not to attempt to use the Site at any time thereafter without our express permission.

Any offer on the Site is void where prohibited.

Nothing contained in these terms shall be construed to limit the actions or remedies available to Jansdeals or our Related Entities with respect to any prohibited activity or conduct. Non-enforcement of any term of these TOS does not constitute consent or waiver, and Jansdeals reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These TOS are for the benefit of Jansdeals and our Related Entities (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These TOS supersede any prior agreements between you and Jansdeals with regard to your use of the Site.

These TOS shall be governed by the laws of the State of New York applicable to contracts entered into, and wholly to be performed within, such state without regard to its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these TOS or the Site shall be brought in the state or federal courts located in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any provision of these TOS are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect. Nothing in these TOS creates any agency, employment, joint venture, or partnership relationship between you and Jansdeals or any Related Entity.

Your relationship with Jansdeals (and any applicable Related Entities) is one of independent contractors, and neither this TOS nor your use of the Site shall create any other form of relationship, whether in the nature of agency, partnership, joint venture, employment, fiduciary, or otherwise. Jansdeals may assign its rights and duties under these TOS without such assignment being considered a change to these TOS and without notice to you, and these TOS will inure to the benefit of Jansdeals's successors, assignees and licensees. Jansdeals's failure to enforce any provision of these TOS shall not constitute a waiver of such provision. Jansdeals may provide you with notices by either, email, postal mail, or postings on the Site. Notices given by you to Jansdeals must be given by postal mail addressed to 9858 Glades Road,#124, Boca Raton, FL 33434.

Except as may be expressly stated in these TOS, these TOS and the Privacy Policy referenced herein constitute the entire agreement between Jansdeals and you pertaining to the subject matter hereof, and they supersede any prior agreements, statements or representations with respect to the same.

Information for California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the Site is Stuart Consumer Product Labs, Inc., 9858 Glades Road,#124, Boca Raton, FL 33434. Jansdeals currently imposes no charges for general use of the Site, although a charge applies for Business accounts. Jansdeals may implement or change charges at any time.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please send an email to customer service or call [contact phone No.]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing c/o Consumer Information Center, Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 800.952.5210 or 916.445.1254.