ACCEPTANCE OF TERMS


The services that Innovative Web Solutions provides to User is subject to the following Terms of Use ("TOU"). Innovative Web Solutions reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. This Agreement, which incorporates by reference other provisions applicable to use of DESERTDEALS.COM, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in DESERTDEALS.COM, sets forth the terms and conditions that apply to use of DESERTDEALS.COM by User. By using Innovative Web Solutions (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use DESERTDEALS.COM is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

Innovative Web Solutions shall have the right at any time to change or discontinue any aspect or feature of DESERTDEALS.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.


Changed Terms


Innovative Web Solutions shall have the right at any time to change or modify the terms and conditions applicable to User's use of DESERTDEALS.COM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on DESERTDEALS.COM, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of DESERTDEALS.COM by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

 
DESCRIPTION OF SERVICES

Through its Web property, Innovative Web Solutions provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

 

User Conduct
User shall use DESERTDEALS.COM for lawful purposes only. User shall not post or transmit through DESERTDEALS.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Innovative Web Solutions 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Innovative Web Solutions's discretion restricts or inhibits any other User from using or enjoying DESERTDEALS.COM will not be permitted. User shall not use DESERTDEALS.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Innovative Web Solutions .

 

DESERTDEALS.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of DESERTDEALS.COM are copyrighted as a collective work under the United States of America copyright laws. Innovative Web Solutions owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Innovative Web Solutions  and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. User shall not upload, post or otherwise make available on DESERTDEALS.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of DESERTDEALS.COM, User automatically grants, or warrants that the owner of such material has expressly granted Innovative Web Solutions the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Innovative Web Solutions the right to edit, copy, publish and distribute any material made available on DESERTDEALS.COM by User.

 

Innovative Web Solutions has no obligation to monitor the content posted on DESERTDEALS.COM. However, Innovative Web Solutions reserves the right to review materials posted and to remove any materials in its sole discretion. Innovative Web Solutions reserves the right to terminate User's access to any or all of the DESERTDEALS.COM at any time, without notice, for any reason whatsoever. Innovative Web Solutions reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Innovative Web Solutions's sole discretion.

 

Materials uploaded to the DESERTDEALS.COM may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing Innovative Web Solutions with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify Innovative Web Solutions immediately of any unauthorized use of User's account or any other breach of security. Innovative Web Solutions will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. However, User could be held liable for losses incurred by Innovative Web Solutions or another party due to someone else using User's account or password. User may not use anyone else's account at any time, without the permission of the account holder.


NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of Innovative Web Solutions and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Innovative Web Solutions HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, Innovative Web Solutions MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Innovative Web Solutions DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

 
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

IN NO EVENT SHALL Innovative Web Solutions AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

 

Disclaimer of Warranty; Limitation of Liability

USER EXPRESSLY AGREES THAT USE OF DESERTDEALS.COM IS AT USER'S SOLE RISK. NEITHER Innovative Web Solutions, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT DESERTDEALS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DESERTDEALS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH DESERTDEALS.COM.

 

DESERTDEALS.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT Innovative Web Solutions IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

 

  • IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Innovative Web Solutions, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN DESERTDEALS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

    • FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

     

    REFUND POLICY

    All sales are final. We stand behind the services we sell. Your satisfaction with our service is extremely important to us. If you are unsatisfied with your purchase for any reason please contact us at support@desertdeals.com or use the contact us link at the bottom of the pages of our site. We may at times refund you purchase but solely at our discretion.

     

    CANCELLACTION POLICY

    You may cancel your account with us at anytime by logging in and selecting the 'Cancel My Account' option under the Account Menu. Your Account will be terminated at the end of the current billing cycle.

    LINKS TO THIRD PARTY SITES

     

    THE LINKS IN THIS AREA WILL LET YOU LEAVE DESERTDEALS.COM. THE LINKED SITES ARE NOT UNDER THE CONTROL OF DESERTDEALS.COM AND DESERTDEALS.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DESERTDEALS.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DESERTDEALS.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BYDESERTDEALS.COM OF THE SITE.

     

     

    DESERTDEALS.COM  is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, DESERTDEALS.COM  has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of DESERTDEALS.COM, are those of the respective author(s) or distributor(s) and not of Innovative Web Solutions. Neither Innovative Web Solutions nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

    In many instances, the content available through DESERTDEALS.COM represents the opinions and judgments of the respective information provider, User, or other user not under contract with DESERTDEALS.COM. DESERTDEALS.COM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on DESERTDEALS.COM by anyone other than authorized DESERTDEALS.COM  employee spokespersons while acting in their official capacities. Under no circumstances will DESERTDEALS.COM be liable for any loss or damage caused by a User's reliance on information obtained through DESERTDEALS.COM. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through DESERTDEALS.COM. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

     

     

    Monitoring

    Innovative Web Solutions shall have the right, but not the obligation, to monitor the content of DESERTDEALS.COM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Innovative Web Solutions and to satisfy any law, regulation or authorized government request. Innovative Web Solutions shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on DESERTDEALS.COM. Without limiting the foregoing, DESERTDEALS.COM shall have the right to remove any material that DESERTDEALS.COM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

     

    Indemnification

    User agrees to defend, indemnify and hold harmless DESERTDEALS.COM, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of DESERTDEALS.COM by User or User's Account.

     

    Termination

    Either DESERTDEALS.COM or User may terminate this Agreement at any time. Without limiting the foregoing, DESERTDEALS.COM shall have the right to immediately terminate User's Account in the event of any conduct by User which DESERTDEALS.COM, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

     

    Miscellaneous


    This Agreement and any operating rules for DESERTDEALS.COM established by Innovative Web Solutions  constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Pima County, Arizona, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

     

    COPYRIGHT NOTICE

    DESERTDEALS.COM its logos are trademarks of Innovative Web Solutions LLC. All rights reserved. All other trademarks appearing on DESERTDEALS.COM are the property of their respective owners.

     

    TRADEMARKS

    The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.