Please read these Terms of Service ("Terms") carefully before using the DealsFalcon website at dealsfalcon.com (the "Service") operated by DealsFalcon ("us," "we," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
Description of Service
DealsFalcon is a deal aggregation platform that displays deals and discounts from third-party retailers. We do not sell products directly. All deals, prices, and product information are provided by third-party retailers and are subject to change without notice.
User Accounts
When you create an account with us, you must provide accurate and complete information. You are responsible for maintaining the security of your account and for all activities that occur under your account.
You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
User Content
Our Service allows you to post comments on deals ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.
By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content in connection with the Service.
Content Guidelines
You agree not to post User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights
- Contains software viruses or any other code designed to disrupt the Service
- Constitutes spam, advertising, or unauthorized commercial solicitation
- Impersonates any person or entity
- Contains false or misleading information about deals or products
We reserve the right to remove any User Content that violates these guidelines or for any other reason at our sole discretion.
Automated Access and Scraping
You agree not to access the Service through automated means, including but not limited to bots, crawlers, scrapers, or spiders, except:
- Search engine indexing bots operating in accordance with robots.txt
- With our prior written consent
Unauthorized automated access to the Service burdens our infrastructure, degrades the experience for human users, and constitutes a trespass to our computer systems. We employ security measures including Cloudflare Turnstile to detect and prevent automated access. Any attempt to circumvent these measures is strictly prohibited.
We reserve the right to block IP addresses, require additional verification, and take legal action against any person or entity engaging in unauthorized automated access. Such access may result in civil liability for damages to our systems and interference with our services.
Third-Party Retailers and Links
The Service contains information about deals from third-party retailers and links to their websites. We are not responsible for:
- The accuracy, completeness, or timeliness of deal information
- Price changes, stock availability, or deal expiration
- The content, privacy policies, or practices of third-party websites
- Any transactions you conduct with third-party retailers
- Any products or services purchased from third-party retailers
You acknowledge that your use of third-party websites is at your own risk and subject to their respective terms and conditions.
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- Deal information will be accurate, complete, or current
- Any errors in the Service will be corrected
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEALSFALCON, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of (or inability to access or use) the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
- Any transactions conducted through third-party retailers
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST TWELVE (12) MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION (INCLUDING NEW JERSEY), SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold harmless DealsFalcon and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
Account Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.
Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate
You and DealsFalcon agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved through binding individual arbitration rather than in court, except that either party may seek injunctive relief in court for claims of intellectual property infringement or unauthorized access to the Service.
Class Action Waiver
YOU AND DEALSFALCON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
Arbitration Rules
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. If you initiate arbitration, your filing fee shall be capped at the amount specified in the AAA Consumer Rules. We will pay any remaining filing fees and all arbitrator fees.
Mass Arbitration Protocol
If 25 or more similar claims are filed against DealsFalcon by the same law firm or group of coordinated counsel ("Mass Filing"), the following procedures apply:
- Batching: Claims shall be grouped into batches of 50 claims each. Only one batch shall proceed at a time.
- Bellwether Process: The first batch shall serve as bellwether cases. The outcomes of these cases will inform settlement discussions for the remaining claims.
- Stay of Proceedings: All claims outside the current batch shall be stayed, and filing fees for stayed claims shall be suspended until the batch is resolved.
- Mediation: After the first batch is resolved, the parties shall participate in a global mediation before proceeding with additional batches.
- Statute of Limitations: The statute of limitations and any filing deadlines shall be tolled for claims that are stayed under this protocol.
This protocol supplements the AAA Mass Arbitration Supplementary Rules and shall govern in the event of any conflict.
Small Claims Exception
Either party may elect to pursue claims in small claims court rather than arbitration if the claims qualify.
Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@dealsfalcon.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and DealsFalcon regarding your use of the Service. These Terms supersede any prior agreements or understandings, whether written or oral.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by DealsFalcon to be effective.
Force Majeure
DealsFalcon shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet service disruptions, or power outages.
Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@dealsfalcon.com