Dealphp is a Sole Proprietorship referred to as Dealphp.com throughout this contract.
This Terms of Service is an agreement between Customer and Dealphp ("Agreement") and applies to Customer's with Dealphp.
PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement.Dealphp may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers.
While using Products provided by Dealphp, you agree to the following terms and conditions.
"We" "Us" "Provider" or "Dealphp" refers to Dealphp.com.; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for Dealphp.com Product or is a designate of any one who applies for Product with Dealphp.
Product PROVIDED BY Dealphp
Dealphp will provide Dealphp clone ("Digital Product") to its customers for the purpose of allowing customers to provide Php Script to the general public. The Product allows Dealphp customers to maintain A website like http://ultra.dealphp.com . Dealphp customers will use the provided Product in a manner consistent with all applicable Provincial and Federal laws.Dealphp will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, Dealphp may immediately terminate Customer's account(s) without notice. Dealphp will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.
CUSTOMER USE OF PRODUCT
Dealphp can be used on a simgle domain . We provide Complete source code.But in no means Dealphp can be resold We reserve the right disable any account not maintaining our terms. When you buy you have to install it by your self or hire a programmer.Some times we provide installation services but this does not mean, we are liable to install it on your server.
Software Licensed: Your software is licensed to customer only, he/she can not resell it in any condition.
Script Updates: Dealphp will make every reasonable effort to Provide Updates of Dealphp script.We shall be giving free updates of v 2.x series to its existing clients.You can download updates from Our members area , in case of difficulties you should contact our customer support with you paypal id used.
As Dealphp is a digital media. It can not be returned being intangible so We do Not Provide Refunds in any case. We can provide support and updates (as mentioned).
Premium Upgrades: You will be able to get premium upgrades with following rule Premium Upgrade Payable=New Product Price- Price already paid.
In case of price raised , you may need to pay remaining amount in order to get new features/updates.
DISCLAIMER OF WARRANTY
You agree to use the Dealphp and any information obtained through or from Dealphp at your own risk. You acknowledge and agree that Dealphp exercises no control over, and accepts no responsibility for, the content of information passing through Dealphp's host computers, network hubs, points of presence or the internet. THE PRODUCT PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. Dealphp MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS IT PROVIDES. Dealphp MAKES NO WARRANTIES THAT THE PRODUCT HAS BUGS OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF PRODUCT IS ACCURATE AND RELIABLE. Dealphp EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE PRODUCT PROVIDED BY Dealphp. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Dealphp PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.
Dealphp is not responsible for any bug or error in product or other results that may occur, whether due to external network disruptions or negligence of Dealphp. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by Dealphp.
LIMITATION OF LIABILITY
You agree that Dealphp will not be responsible for any losses that may incur where Product are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Dealphp at the time) which may exist in the Services or in Dealphp's Product used to provide the Services.
Under no circumstances will Dealphp be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Dealphp will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Dealphp's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Dealphp's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the
Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.
RIGHT TO REFUSE SERVICE
At its sole discretion, Dealphp has the right to refuse any and all service or Product to any applicant, Customer, Client whether it be an individual or legal entity.
Customer agrees to indemnify, defend and hold harmless Dealphp, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and
expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.
DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS
Although Dealphp maintains strict confidentiality on Customer's information, there are certain exceptions in which Dealphp may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Dealphp has no obligation to notify Customer about whom the information is sought or that Dealphp has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.
GOVERNING LAW; JURISDICTION; ARBITRATION
This Agreement is governed by US law and both parties will submit to personal jurisdiction in California. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to the court appointed arbitration party. The place of arbitration will be California, los anegeles, or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.
Customer will not have the right to assign this Agreement without the prior written consent of Dealphp. ENTIRE AGREEMENT; SEVERABILITY This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect .Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the province of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.