Big Sweet Deals

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END-USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA AGREEMENT") CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATIONS PROCESS AND USING THE SOFTWARE, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2023-01-28 19:05:05

1. OVERVIEW

This EULA agreement is a binding agreement, entered into by and between Big Sweet Deals, registered address PO BOX 14743 Lenexa KS 66285, United States ("Big Sweet Deals") and you, and is made effective as of the date you download, install or use the software Hotjar, Google analytics ("Software") or from the date of your electronic acceptance.
This EULA agreement sets forth the general terms and conditions of your use of the Software, provides a license to use Big Sweet Deals Software, and contains liability disclaimers. This EULA agreement’s terms also apply to any Software update, upgrade, internet-based service, and support service for the Software. Whether you are acquiring Software directly from Big Sweet Deals or through Big Sweet Deals authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge and agree to be bound by this EULA agreement.
The terms "we", "us" or "our" shall refer to Big Sweet Deals. The terms "you", "your", or "User" shall refer to any individual or entity who accepts this EULA agreement, uses our Software, or has access to our Software. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Big Sweet Deals may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Software after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.
BY DOWNLOADING /INSTALLING /USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR SOFTWARE.

2. ELIGIBILITY

Our Software is available only to Users who can form legally binding contracts under applicable law. By downloading or using this Software, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Software under the laws of the United States, Kansas or other applicable jurisdiction.
If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms "you", "your", or "User" shall refer to such corporate entity. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, Big Sweet Deals finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this EULA agreement.

3. LICENSE GRANT

Subject to the terms of this EULA Agreement Big Sweet Deals hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Big Sweet Deals Software on your own non-commercial use devices in accordance with the terms of this EULA agreement. The Software is being licensed to You and You hereby acknowledge that no title or ownership of the Software is being transferred or assigned to You and this EULA agreement is not to be construed as a sale of any rights of the Software.
You are permitted to load the Big Sweet Deals software (for example on a PC or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Big Sweet Deals Software.

4. RESTRICTIONS

Without first obtaining the express written consent of Big Sweet Deals, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Software.
You are not permitted to:
  • edit, modify, alter, adapt, or otherwise change the whole or any part of the Big Sweet Deals > software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any of the listed actions,
  • copy, reproduce, duplicate, resell or distribute in any medium any part of the Software, except where expressly authorized by Big Sweet Deals,
  • remove or alter Big Sweet Deals trademarks or logos or legal notices included in the Software or related assets,
  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software,
  • use the service to try to gain unauthorized access to any service, data, account or network by any means,
  • use the Software in any way which breaches any applicable local, national or international law,
  • use the Software for any purpose that Big Sweet Deals, considers is a breach of this EULA agreement.
Big Sweet Deals reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.
By using our Software you acknowledge and agree that your use of the Software, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules and regulations.

5. INTELLECTUAL PROPERTY

No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. Big Sweet Deals shall retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Big Sweet Deals.
In addition to the general rules above, the provisions in this Section apply specifically to your use of Big Sweet Deals content used in a Software (Big Sweet Deals content). Big Sweet Deals content used in this Software, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Big Sweet Deals in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Big Sweet Deals content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Big Sweet Deals. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this EULA agreement.

6. COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when you download, install, or use the Software, Big Sweet Deals may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Software. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Software or certain of its features or functionality. All information we collect through or in connection with this Software is subject to our Privacy policy. By downloading, installing, using, and providing information to or through this Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. USER SUBMISSIONS

With Respect to User Submissions, you acknowledge and agree that:
  • your User Submissions are entirely voluntary,
  • your User Submissions do not establish a confidential relationship or obligate Big Sweet Deals to treat your User Submissions as confidential or secret.
  • Big Sweet Deals has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
Big Sweet Deals shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to the Big Sweet Deals and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to or through the Software for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

8. DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Big Sweet Deals, SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND Big Sweet Deals, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.
Big Sweet Deals MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. Big Sweet Deals MAKES NO WARRANTIES THAT OPERATION OF THE SOFTWARE WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION.
NO ORAL OR WRITTEN ADVICE PROVIDED BY Big Sweet Deals OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Big Sweet Deals, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Big Sweet Deals OR ANY OTHER PARTY, EVEN IF Big Sweet Deals IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL Big Sweet Deals’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SOFTWARE. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.

10. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Big Sweet Deals and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Big Sweet Deals directly or indirectly arising from (i) your use of the Software; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

11. AVAILABILITY OF WEBSITE

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Software on 24/7 basis. You acknowledge and agree that from time to time this Software may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Software on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

12. TERMINATION

This EULA agreement is effective from the date you first download, install or use the Software and shall continue until terminated. You may terminate this Agreement by deleting the Software and all copies thereof from your Device.
This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Big Sweet Deals reserves the right to cease offering or providing Software at any time, for any or no reason, and without prior notice. Although Big Sweet Deals makes great effort to maximize the lifespan of the Software, it might be, that the Software we offer will be discontinued. If that is the case, this EULA agreement will be terminated and Software will no longer be supported by Big Sweet Deals.

13. COMPLIANCE WITH LOCAL LAWS

Big Sweet Deals makes no representation or warranty that all the content available on this Software are appropriate in every country or jurisdiction and use of this Software from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules and regulations.

14. GOVERNING LAW

This EULA agreement is governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA agreement or the Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. TITLES AND HEADINGS

The titles and headings of this EULA agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

16. LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. SEVERABILITY

Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

18. CONTACT INFORMATION

If you have any questions about this EULA agreement, please contact us by email or regular mail at the following address:
Big Sweet Deals
PO BOX 14743 Lenexa KS 66285
info@bigsweetdeals.com
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MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS MOBILE APPLICATION END-USER LICENSE AGREEMENT ("EULA AGREEMENT") CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATION PROCESS OR USING THE APPLICATION, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2023-01-28 19:05:05

1. OVERVIEW

This EULA agreement is a binding agreement, entered into by and between Big Sweet Deals, registered address PO BOX 14743 Lenexa KS 66285, United States ("Big Sweet Deals") and you, and is made effective as of the date you download, install or use the Application Big Sweet Deals -mobile ("Application") or from the date of your electronic acceptance.
This EULA agreement sets forth the general terms and conditions of your use of the Application, provides a license to use Big Sweet Deals Application and contains liability disclaimers. This EULA agreement’s terms also apply to any Application update, upgrade, internet-based service, and support service for the Application. Whether you are acquiring Application directly from Big Sweet Deals or through Big Sweet Deals authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge, and agree to be bound by this EULA agreement.
The terms "we", "us" or "our" shall refer to Big Sweet Deals. The terms "you", "your", or "User" shall refer to any individual or entity who accepts this EULA agreement, uses our Application, or has access to our Application.
Big Sweet Deals may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Application after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.
BY DOWNLOADING /INSTALLING /USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR APPLICATION.

2. ELIGIBILITY

Our Application is available only to Users who can form legally binding contracts under the applicable law. By downloading or using this Application, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Application e under the laws of the United States, Kansas or other applicable jurisdiction.
If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Application, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, Big Sweet Deals finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this EULA agreement.

3. LICENSE GRANT

Subject to the terms of this EULA Agreement Big Sweet Deals hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Big Sweet Deals Application on your own, non-commercial use devices in accordance with the terms of this EULA agreement. The Application is being licensed to you and you hereby acknowledge that no title or ownership of the Application is being transferred or assigned to you and this EULA agreement is not to be construed as a sale of any rights of the Application.
You are permitted to load the Big Sweet Deals Application (for example on a mobile, tablet or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Big Sweet Deals Application.

4. RESTRICTIONS

Without first obtaining the express written consent of Big Sweet Deals, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Application.
You are not permitted to:
  • edit, modify, alter, adapt, or otherwise change the whole or any part of the Big Sweet Deals Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other Application or any software, nor decompile, disassemble or reverse engineer the Application or attempt to do any of the listed actions,
  • copy, reproduce, duplicate, resell or distribute in any medium any part of the Application, except where expressly authorized by Big Sweet Deals,
  • remove or alter Big Sweet Deals trademarks or logos or legal notices included in the Application or related assets,
  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application,
  • use the service to try to gain unauthorized access to any service, data, account or network by any means,
  • use the Application in any way which breaches any applicable local, national or international law,
  • use the Application for any purpose that Big Sweet Deals, considers is a breach of this EULA agreement.
Big Sweet Deals reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.
By using our Application you acknowledge and agree that your use of the Application, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules, and regulations.

5. INTELLECTUAL PROPERTY

No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. Big Sweet Deals shall retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of Big Sweet Deals.
In addition to the general rules above, the provisions in this Section apply specifically to your use of Big Sweet Deals content used in the Application (Big Sweet Deals content). Big Sweet Deals content used in this Application, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein, are owned by or licensed to Big Sweet Deals in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Big Sweet Deals content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Big Sweet Deals. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this EULA agreement.

6. COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when you download, install, or use the Application, Big Sweet Deals may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. THIRD-PARTY MATERIALS

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Big Sweet Deals is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Big Sweet Deals does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions.

8. USER SUBMISSIONS

With Respect to User Submissions, you acknowledge and agree that:
  • your User Submissions are entirely voluntary,
  • your User Submissions do not establish a confidential relationship or obligate Big Sweet Deals to treat your User Submissions as confidential or secret.
  • Big Sweet Deals has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
Big Sweet Deals shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to the Big Sweet Deals and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to or through the Software for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

9. DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Big Sweet Deals, APPLICATION IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND DEFECTS AND Big Sweet Deals, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.
Big Sweet Deals MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. Big Sweet Deals MAKES NO WARRANTIES THAT THE OPERATION OF THE APPLICATION WILL BE SECURE, ERROR-FREE, OR FREE FROM INTERRUPTION.
NO ORAL OR WRITTEN ADVICE PROVIDED BY Big Sweet Deals OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Big Sweet Deals, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE APPLICATION, WHEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Big Sweet Deals OR ANY OTHER PARTY, EVEN IF Big Sweet Deals IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL Big Sweet Deals’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.

11. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Big Sweet Deals and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Big Sweet Deals directly or indirectly arising from (i) your use of the Application; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of Application.

12. AVAILABILITY OF APPLICATION

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Application on 24/7 basis. You acknowledge and agree that from time to time this Application may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Application on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.

13. TERMINATION

This EULA agreement is effective from the date you first download, install or use the Application and shall continue until terminated. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Big Sweet Deals reserves the right to cease offering or providing Application at any time, for any or no reason, and without prior notice. Although Big Sweet Deals makes a great effort to maximize the lifespan of the Application, it might be, that the Application we offer will be discontinued. If that is the case, this EULA agreement will be terminated, and the Application will no longer be supported by Big Sweet Deals.
Upon termination, all rights granted to you under this EULA agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

14. COMPLIANCE WITH LOCAL LAWS

Big Sweet Deals makes no representation or warranty that all the content available on this Application is appropriate in every country or jurisdiction and use of this Application from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules, and regulations.

15. GOVERNING LAW

This EULA agreement is governed by and construed in accordance with the internal laws of the State of [STATE Q9] without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. TITLES AND HEADINGS

The titles and headings of this EULA agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

17. LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. SEVERABILITY

Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

19. CONTACT INFORMATION

If you have any questions about this EULA agreement, please contact us by email or regular mail at the following address:
Big Sweet Deals
PO BOX 14743 Lenexa KS 66285
info@bigsweetdeals.com
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TERMS OF SERVICES

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2023-01-28 19:05:06

1. OVERVIEW

This Terms of Service Agreement ("Agreement") is entered into by and between Big Sweet Deals, registered address PO BOX 14743 Lenexa KS 66285, United States ("Company") and you, and is made effective as of the date of your use of this website https://www.bigsweetdeals.com ("Site") or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of the https://www.bigsweetdeals.com as well as the products and/or services purchased or accessed through this Site (the "Services").Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy. The terms "we", "us" or "our" shall refer to Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.

2. ELIGIBILITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.

3. RULES OF USER CONDUCT

By using this Site You acknowledge and agree that:
  • Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
  • copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
  • copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub.io and the Terms & Conditions Generator ,
  • modify or alter any part of this Site or any of its related technologies,
  • access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.

4. INTELLECTUAL PROPERTY

In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Companies Content"), are owned by or licensed to Big Sweet Deals in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.

5. YOUR USE OF USER CONTENT

Some of the features of this Site may allow Users to view, post, publish, share, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). By posting or publishing User Content to this Site, you represent and warrant to Company that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any Companies Content or User Content) or enforce limitations on the use of this Site, the Companies Content or the User Content therein.

6. COMPANIES USE OF USER CONTENT

The provisions in this Section apply specifically to Companies use of User Content posted to Site.
You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions, you acknowledge and agree that:
  • Your User Submissions are entirely voluntary.
  • Your User Submissions do not establish a confidential relationship or obligate Company to treat your User Submissions as confidential or secret.
  • Company has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content, by posting or publishing User Content to this Site, you authorize Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
You hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Company may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.
Company generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Company may remove any item of User Content if it violating this Agreement, at any time and without prior notice.

7. LINKS TO THIRD-PARTY WEBSITES

This Site may contain links to third-party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using this Site you expressly release Company from any and all liability arising from your use of any third-party website. Accordingly, Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

10. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

11. DATA TRANSFER

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

12. AVAILABILITY OF WEBSITE

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

13. DISCONTINUED SERVICES

Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

14. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

15. COMPLIANCE WITH LOCAL LAWS

Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.

16. GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of United States, Kansas, to the exclusion of conflict of law rules.

17. DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in United States, Kansas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

18. TITLES AND HEADINGS

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

19. SEVERABILITY

Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

20. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Big Sweet Deals
PO BOX 14743 Lenexa KS 66285
United States
info@bigsweetdeals.com
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PRIVACY POLICY

Your privacy is important to us, so Big Sweet Deals, a service provider based in the United States, has created the following Privacy Policy ("Policy") to let you know what information we collect when you visit our Site https://www.bigsweetdeals.com ("Site"), why we collect it and how we use it.
The terms "You," "Your," "Yours" and "User" refer to the entity/person/organization using our Site.
When this Policy mentions "We", "Us," and "Our" it refers to Big Sweet Deals and its subsidiaries and affiliates.
This Privacy Policy is governed by our Terms of Services.
For any questions regarding this Policy or any requests regarding the processing of personal data, please contact us at info@bigsweetdeals.com.

1. INFORMATION WE COLLECT FROM YOU

We collect the information You provide to us and this information is necessary for the adequate performance of the contractual arrangement which is in place between You and us and allow us to comply with our legal obligations.
  • Account Signup Information. When You create the account, we ask You to provide the signup information, such as Email, Name, Phone, Address.

2. INFORMATION WE COLLECT AUTOMATICALLY

When you use our Site or contact us directly we may collect information, including your personal information, about the way you act in our Site, the services You use and how You use them.
This information is necessary for the adequate performance of the contract between You and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Site.
  • Log data and Device information. We automatically collect log data and device information when you access and use the Site, even if you have not created an Account or logged in. That information includes, among other things: Internet protocol (IP) addresses, Browser type, Internet service provider (ISP), Referring/exit pages, Operating system, Date/time stamp, Clickstream data.
  • Tracking technologies and Cookies. We use Cookies, Beacons, Tags, CI codes (click tracking), ISC (source tracking), ITC (item tracking codes), Phone model, Device ID, Customer number. We also automatically collect information about device’s operating system, .
  • Geo-location data. We collect information about your approximate location as determined by data such as your IP address to offer you an improved user experience. Such data may be collected only when you access the Site using your device.
  • Usage information. We use a tool called "Google Analytics" to collect information about your interactions with the Site (what pages you visit, such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Site. In consequence, Google, Inc. plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site). For more information please visit Google.
  • Publicly available personal Information.

3. THE WAY WE USE YOUR INFORMATION

We process your information adhering to the general data processing principles.
We may use the information we collect through our Site for a number of reasons, including to:
  • to identify user
  • to create account
  • to create trusted environment
  • to create statistics and analyze market
  • to stay connected
  • to customize marketing
  • to send billing information
  • to manage user orders
  • to contact user
  • to improve services
  • to ensure data security and prevent fraud
  • to comply with applicable laws
  • to request feedback
  • to post testimonials
  • to provide support
We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate business interests.

4. DIRECT MARKETING

We may use your provided contact details for direct marketing. These direct marketing offers, depending on your preferences, may be personalized taking into account any other information which you have provided to us (e.g. location, social media profile information, etc.) or we have collected or generated from other sources as described below.
If you wish to withdraw the consent for direct marketing, and refuse to receive information from us, you may exercise such option at any time you wish by following the instructions to unsubscribe in the received email, sending an email to info@bigsweetdeals.com, clicking on a link for that purpose at the bottom of our e-mail with the newsletters.

5. COOKIES

Cookies are small text files stored by your browser on your computer when you visit our Site. We use cookies to improve our Site and make it easier to use. Cookies permit us to recognize users and avoid repetitive requests for the same information.
Please check our Cookie Policy to find more information about cookies we use.
You may find more information about how to delete cookies, as well as the other useful information related to the use of the cookies, on the website http://www.allaboutcookies.org/.

6. SENSITIVE INFORMATION

We do not collect sensitive information such as political opinions, religious or philosophical beliefs, racial or ethnic origin, genetic data, biometric data, health data or data related a sexual orientation.
Please do not send, upload, or provide us any sensitive data and contact us using the contact details below if you believe that we might have such information. We have a right to delete any information we believe it might contain sensitive data.

7. THIRD PARTY LINKS

Our Site may have links to other websites. Please review their privacy policies to learn more about how they collect and use your personal data, because we do not control their policies and personal data processing practices.

8. RETENTION

We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligation, resolve disputes, and enforce our agreements.
We will retain your personal information as long as we need it to provide services to you, unless we are otherwise required by law or regulations to retain your personal information longer.

9. SECURITY

We have implemented security measures designed to protect the personal information you share with us, including physical, electronic and procedural measures. Among other things, we regularly monitor our systems for possible vulnerabilities and attacks.
Regardless of the measures and efforts taken by us, the transmission of information via internet, email or text message is not completely secure. We do not guarantee the absolute protection and security of your personal information or any other User Content you upload, publish or otherwise share with us or anyone else.
We therefore encourage you to avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm.
If you have any questions regarding the security of our Site or Services, you are welcome to contact us at info@bigsweetdeals.com.

10. YOUR RIGHTS

You are entitled to a range of rights regarding the protection of your personal information. Those rights are:
  • The right to access the information we have about you. If you wish to access your personal information that we collect, you can do so at any time by contacting us using the contact details provided below.
  • The right to rectify inaccurate information about you. You can correct, update or request deletion of your personal information by contacting us using the contact details provided below.
  • The right to object the processing. When we rely on your consent to process your personal information, you may withdraw consent at any time by contacting us using the contact details provided below. This will not affect the lawfulness of processing prior to the withdrawal of your consent.
  • The right to lodge a complaint. You can raise questions or complaints to the national Data Protection Agency in your country of residence in the event where your rights may have been infringed. However, we recommend attempting to reach a peaceful resolution of the possible dispute by contacting us first.
  • The right to erase any data concerning you. You may demand erasure of data without undue delay for legitimate reasons, e.g. where data is no longer necessary for the purposes it was collected, or where the data has been unlawfully processed.

11. APPLICATION OF POLICY

This Policy was created with the help of the Privacy Policy Generator from TermsHub and applies only to the services offered by our Company. Our Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include our services or other sites linked from our Site or Services.

12. AMENDMENTS

Our Policy may change from time to time. We will post any Policy changes on our Site and, if the changes are significant, we may consider providing a more explicit notice (including, for certain services, email notification of Policy changes).

13. ACCEPTANCE OF THIS POLICY

We assume that all Users of this Site have carefully read this document and agree to its contents. If someone does not agree with this Policy, they should refrain from using our Site. We reserve the right to change our Policy at any time and inform by using the way as indicated in Section 12. Continued use of this Site implies acceptance of the revised Policy.

14. FURTHER INFORMATION

If you have any further questions regarding the data we collect, or how we use it, then please feel free to contact us at the details as indicated above.