DealForma Terms of Use

WELCOME TO DEALFORMA. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR CONTENT AND SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THEM IN ANY WAY.

Effective April 12, 2018

Please read the following to learn the rules and restrictions that govern your use of our websites, products, services and applications (the “Service”) owned, controlled, or offered by DealForma whether as a guest or a registered user. If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at info@dealforma.com.

These Terms of Use (the “Terms”) are a binding contract between you and DealForma, LLC (“DealForma,” “we” and “us”). By using the Service in any way, you agree to and accept all of these Terms, and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. These Terms govern your access to the Service and use of all data, content and other information on DealForma’s websites, and applications, and include the provisions in this document, as well as those in the Privacy Policy.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Privacy

The current DealForma Privacy Policy is available by clicking here.

By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You agree that all information you provide to register or interact with this Service is governed by the Privacy Policy.

The Children’s Online Privacy Protection} Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@dealforma.com.

Subscriptions

The Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or DealForma cancels it. You may cancel your subscription renewal by contacting DealForma customer support team.

Accounts on the Service are activated upon a successfully completed payment. A valid invoiced payment method, including but not limited to a credit card, wire transfer, check, or purchase order, is required to process the payment for your Subscription. You shall provide DealForma with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize DealForma to charge all Subscription fees for your account to any such payment instruments.

Should automatic billing fail to occur for any reason, DealForma will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to pay an invoice by the due date may result in the termination of your account on the Service.

Fee Changes

DealForma, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

DealForma will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Accounts

To register for an account, we ask that you provide us with a valid email address, your first and last name, a password, and a mobile phone number capable of receiving SMS/text messages which we use for two-factor authentication to log into our Service. You agree to provide registration information if we ask for such information at a later date. If you do not provide us with registration information, your access to the Service may be revoked. By providing your email address, you consent to receiving emails from DealForma.

You may not share or transfer your account and/or account password to anyone else without our prior written permission. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. Upon becoming aware of any breach of security or unauthorized use of your account, you must notify us immediately at support@dealforma.com.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You further agree that you are not in violation of any trade secret or confidentiality agreement and otherwise have the right to provide all information you submit to the Service.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our Services, and that access may involve third-party fees (such as Internet service provider or SMS/text messaging charges). In addition, you must provide and are responsible for all equipment necessary to access our Services.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and terms regarding disputes between us.

Additionally, upon termination of your account DealForma may require you to delete or purge some or all of the Content in your possession, and you will do so promptly.

Content

The materials displayed or published on or through the Service, including but not limited to text, graphics, data, articles, photos, images, illustrations, comments, and so forth (the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way (including through the DealForma website, API, data exports, downloads, etc.). You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s rights including DealForma’s.

You may reference the Content with proper attribution to DealForma or the applicable owner; however, any other uses of the Content require DealForma’s prior written consent. If you have questions, please contact us at info@dealforma.com.

You understand that DealForma owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Service.

For all user-provided Content, such as comments, suggested edits, and feedback, you hereby grant DealForma a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to modify (including, without limitation, for technical purposes), reproduce, and otherwise act with respect to such user-provided Content, in each case to enable us to operate the Service. You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Any information or content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact when using the Service and are not responsible for which users gain access to the Service.

Our Service and Content may include statements concerning operations, prospects, strategies, financial condition, future economic performance and demand for our products or services as well as our intentions, plans and objectives, and those of other companies and industries that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used in our Service and Content, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements.

Information about companies, products, deals, and fundraising other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.

Changes to the Service

The Service may change over time. We may introduce new features, we may suspend or discontinue any part of the Service, impose limits on certain features or restrict access to parts or all of the Service. We will try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Service at any time, for any reason, in our sole discretion, and without notice.

Third-Party Websites or Services

Our Service may contain links to third-party websites or services that are not owned or controlled by DealForma, including but not limited to Twitter feeds, commenting systems, product and company websites, and news feeds.

One such third-party service is the profile commenting system from Disqus, Inc. Certain information contained in the Services: (1) is proprietary to Disqus, Inc. and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Disqus, Inc. nor its content providers are responsible for any damages or losses arising from any use of this information.

DealForma has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

You acknowledge and agree that DealForma shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

Your interactions with organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DealForma shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third-party, you agree that DealForma is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release DealForma, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542.

Intellectual Property

The Service and its original Content, features and functionality are and will remain the exclusive property of DealForma and its licensors. The Service and Content is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DealForma.

The DealForma name, DealForma logo and other identifying marks we use are our service marks or registered service marks or trademarks. Other products and company names mentioned on the Service or in the Content may be trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DealForma or its subsidiaries.

Prohibited Uses

Permission to use the Service and Content does not include any resale or commercial use of any Content. You agree, represent, and warrant that you will not use the Service or interact with the Service or Content in a manner that:

  • Jeopardizes the security of your DealForma account or anyone else’s (such as allowing someone else to log in to the Service as you);
  • Attempts to obtain the password, account, or other security information from any other user;
  • Infringes or violates the intellectual property rights of DealForma or anyone else;
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);
  • Uses the Service to gather information to transmit unsolicited commercial phone calls, email or email that makes use of headers, or invalid or nonexistent domain names;
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content through use of manual or automated means;
  • Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service, including but not limited to attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service;
  • Uses the Service to build, or Content in, a competitive data-related commercial product

  • A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Service

    Copyright Policy

    We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

    If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@dealforma.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

    You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

    DMCA Notice and Procedure for Copyright Infringement Claims

    You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • You can contact our Copyright Agent via email at info@dealforma.com.

    Indemnification

    You agree to defend, indemnify and hold harmless DealForma and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service and the Content, by you or any person using your account and password, or b) a breach of these Terms.

    Assignment

    You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without DealForma’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

    Limitation of Liability

    TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DEALFORMA OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AGGREGATE AMOUNT IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

    Disclaimer

    Your use of the Service and Content is at your sole risk. The Service and Content are provided on an "AS IS" and "AS AVAILABLE" basis. The Service and Content are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

    DealForma, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service or Content will meet your requirements.

    Governing Law

    These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

    Any dispute arising from or relating to the subject matter of these Terms (whether brought against DealForma or against any director, officer or employee of DealForma in their personal capacity) shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND DEALFORMA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    Contact Us

    If you have any questions about these Terms, please contact us at info@dealforma.com.