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DealsPlus
Terms of Use
Updated: Oct 24, 2023

To better serve you and to clarify our service, we have drawn up an agreement of our terms and conditions. In order to use our service, you must read and accept all of the terms and conditions of this agreement and in the Privacy Policy. If you do not agree to be bound by the terms after you read this Agreement, you may not use our service.

  • 1. The Service and Terms
    Sazze, Inc. (referred to hereafter as DealsPlus) provides a collection of online resources, including classified ads, affiliate ads, a blog, a forum, a means of earning DealsPlus Credit (“DP Credit”) while shopping and a business directory (referred to hereafter as "the Service"). The Service is provided by DealsPlus, and is subject to the following Terms of Use ("Terms"), which may be updated by DealsPlus from time to time. DealsPlus will provide notice of materially significant changes to the Terms by posting notice on the DealsPlus homepage. You must be at least 14 years of age to use this Service. By using the Service in any way, you are agreeing to comply with these terms.

  • 2. Content
    You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post or email on the Service. DealsPlus does not control, and is not responsible for Content made available through the Service. By using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the DealsPlus site and Content available through the Service may contain links to other websites. DealsPlus makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk and we recommend that you do so carefully. DealsPlus will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. DealsPlus does not pre-screen or approve Content, but it has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. By continuing to use DealsPlus you hereby grant to DealsPlus a non-revocable, non-exclusive, transferable, royalty-free and sub-licensable worldwide license to all text, photographs, film, audio, or other recordings, still or moving that you submit (the “Media”) for DealsPlus’ unqualified use or modification in any medium including digital, electronic, print, television, film, radio and other medium now known or to be invented for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion and marketing. You agree that the Media may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. You acknowledge and agree that you have no further right to additional consideration or accounting, and that you will make no further claim for any reason to DealsPlus. You acknowledge and agree that this release is binding upon your heirs and assigns.

  • 3. Copyrights and Trademarks
    Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. DealsPlus, the Plus Side, the DealsPlus logo, the Plus Side logo, and icons and marks identifying DealsPlus or Plus Side products and services are trademarks of DealsPlus and may not be used without the written consent of the DealsPlus. You may not copy, reproduce, distribute, or create derivative works of the Service without DealsPlus' express written authorization. You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Service. The DealsPlus respects the intellectual property of others and we require that our users do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses dealsplus.com in a manner that sends more request messages to the DealsPlus.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DealsPlus.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Dealsplus.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from DealsPlus.com, nor to use the communication systems provided by DealsPlus.com for any commercial solicitation purposes. If you are a competitor to DealsPlus.com, you hereby acknowledge that DealsPlus.com is private property and you are not allowed to access DealsPlus.com. Additionally, you hereby agree that you will leave DealsPlus.com immediately and will not access it further, nor will you direct others to access DealsPlus.com for any competitive purposes.

  • 4. Notification of Claims of Infringement
    If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the DealsPlus' agent for notice of claims of copyright or other intellectual property infringement ("Agent") by clicking HERE and selecting "questionable content" from the drop down topic list . Please provide our Agent with the following Notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the DealsPlus site that you claim is infringing, with enough detail so that we may locate it on the website; 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 declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. The DealsPlus will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millennium Copyright Act (DMCA).

  • 5. Privacy and Information Disclosure
    Please review our Privacy Policy. Your use of the DealsPlus website or the Service signifies acknowledgement of and agreement to our Privacy Policy.

  • 6. Conduct
    You agree not to post, email, or otherwise make available Content: that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that impersonates any person or entity, including, but not limited to, a DealsPlus employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person's explicit consent. that is false, deceptive, misleading, deceitful, or misinformative. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement. that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the DealsPlus sites which are not designated for such purposes; or (2) emailed to DealsPlus users who have requested not to be contacted about other services, products or commercial interests. that includes links to commercial services or web sites, except as allowed in "services". that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that may be deemed to be engaging in solicitation activities in California that refer potential customers to out-of-state DealsPlus retailers, including, but not limited to, distributing flyers, coupons, newsletters, and other printed promotional materials or electronic equivalents, verbal soliciting (for example, in-person referrals), initiating telephone calls, and sending emails. that disrupts the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Furthermore, you acknowledge that DealsPlus has financial relationships with some of the merchants on the Site and that DealsPlus may be compensated if you choose to utilize the links on this site and/or generate sales for such merchants.

  • 7. No Spam Policy
    Any unauthorized use of DealsPlus computer systems, including but not limited to the sending of unsolicited email advertisements to DealsPlus email addresses or through DealsPlus computer systems, is a violation of these Terms and certain federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

  • 8. Earning DP Credit
    DealsPlus sometimes receives a fee from the retailers, brands, merchants, and other partners participating in the Service (“Affiliate Merchants”) for some Qualifying Purchases (as defined below). DealsPlus provides DP Credit to its members based on Qualifying Purchases made at Affiliate Merchants. Participation in DP Credit and the opportunity to convert DP Credit into bitcoin or dollars is offered at the sole discretion of DealsPlus and is subject to your compliance with these Terms of Use. While users may shop without being logged into their DealsPlus account, In order to earn DP Credit, you must be signed in to your DealsPlus account during the entire shopping process, use the shopping links within the Service, have cookies enabled for affiliate and retailer sites, use no AdBlockers (including the built-in blocking capabilities of browsers such as Brave), complete your purchase transaction during the same shopping session you started after clicking on the shopping link, and make no subsequent purchases on the same partner site without first clearing your cookies (“Qualifying Purchase”). If you visit other sites or tools such as coupon injectors, cashback extensions, points extensions, etc. before completing your purchase, your purchase might be associated with a service other than DealsPlus and you might not earn DP Credit on your purchase. If you disable “cookies” on your computer, you will not be able to earn DP Credit because cookies are used to authenticate the user and verify whose DealsPlus account is eligible for the DP Credit as well as track the credit for the sale on retailer sites. For the avoidance of doubt, DP Credit is earned only once a transaction has been completed according to this section from start to finish, that transaction has been reported to DealsPlus as a Qualifying Purchase by the retailer or their 3rd party service provider and the transaction has been deemed final. A transaction is deemed final only after the transaction can no longer be cancelled or reversed, which also means that the underlying purchased items or services may no longer be returned. Each Qualifying Purchase shall occur on an applicable purchase date and Deals Plus shall, record the DP Credit value based on a portion of the fee that DealsPlus shall be entitled to receive from the applicable Affiliate Merchant. The DP Credit amount shall be displayed on your user account page. This amount is subject to change in the sole discretion of DealsPlus and may be modified for any reason including but not limited to expiration, violation of these Terms of Use, Affiliate Merchant complaint, technical problems with the Service, interruptions in the Service, data loss relating to the Qualifying Purchase, or for any other reason. To offer sustainable and the best cashback rates, we are implementing the following conditions: The maximum cashback earning per transaction is $50, and the maximum cashback earning per month is $500. Note: the maximum earning limit may vary based on the User Level* and is subject to change at any time without notice.

  • 9. DP Credit Exclusions
    DP Credit is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for DP Credit. DP Credit amounts vary by store and product category and may contain exclusion in the terms of the offer. Please review these terms carefully. DealsPlus uses reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and DealsPlus hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions.

  • 10. Affiliate Merchant Policies
    A product purchased from any Affiliate Merchant through the Program is governed by and subject to the applicable Affiliate Merchant’s policies, including applicable exchange and shipping policies, those of which may prohibit you from receiving DP Credit rewards on any products returned or exchanged regardless of original estimated reward on the initially purchased good or service. You agree that we are not agents of any Affiliate Merchant and that the Affiliate Merchants operate independently and are not under our control with respect to the Services or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Merchant is solely between you and that Affiliate Merchant. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. DealsPlus is not responsible for changes to, or discontinuance of, any Affiliate Merchant, or for any Affiliate Merchant withdrawal from the Services, or for any effect on accrual of DP Credit caused by such changes, discontinuance, or withdrawal.

  • 11. Bonuses & Other Rewards
    DealsPlus may elect to offer bonuses or rewards for referring new Members to the Services, for shopping at specific Affiliate Merchants or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from these Terms of Use.

  • 12. Credit Redemption
    At any time when you have 15.00 units of DP Credit or more, you may choose to convert DP Credit into either (a) US Dollars at the then applicable DP Credit conversion rate or (b) bitcoin at the then applicable DP Credit to US Dollar to bitcoin conversion rate (net of all fees), provided however that you must always convert at least 15.00 units of DP Credit at a time. Upon conversion DealsPlus will initiate a transfer of either US Dollar’s or bitcoin to the account you have designated per sections 13 and 14 below. Easy access to your rewards! What you have earned is what you get. You can cash out approved cashback at any time: There will be no transaction fee for a balance of $25 and up. For any amount less than $25, there will be a $1 transaction fee.

  • 13. Receiving Payment
    As a condition of payment of accrued DP Credit, you must first establish and then maintain an Active Account (defined below) with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid bitcoin address (if you choose to receive bitcoin), valid PayPal account information for purposes of payment in US Dollars your first and last name, any applicable required tax documentation, any further information necessary for DealsPlus to carry out the Services or as requested by a governing authority with jurisdiction, and a password to protect your Account. Such payout will be subject to deduction of DealsPlus’ then-current, applicable transaction fees. DealsPlus shall not make any payment unless the accrued value in the Account has a cash payout value of at least $15 U.S. Dollars. Also as a condition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment. DealsPlus awards DP Credit which according to the terms herein may be converted to US Dollars, bitcoin or other payment options as DealsPlus may make available from time to time. Please note that accrual rates vary depending on the Affiliate Merchant’s policies and reporting schedules. DealsPlus reserves the right to delay DP Credit awards, conversion of DP Credit awards or payment for any purchase based on changes to Affiliate Merchant policies at any time. DealsPlus also reserves the right to modify the payment schedule at any time. DealsPlus may also at its discretion issue a temporary reward while it researches missing or improperly rewarded orders with Affiliate Merchants; DealsPlus then reserves the right to reverse such a granted reward in favor of the final reward issued by the Affiliate Merchant, if any. DealsPlus also reserves the right to completely reverse the granted reward if it is found that the Affiliate Merchant will not pay out on the reward. DealsPlus is not responsible for payments delivered to the wrong bitcoin address or PayPal account through no fault of DealsPlus or for payment errors made by PayPal, any bank or financial institution. Payments in US Dollars (USD): You expressly authorize DealsPlus' service provider, PayPal Inc. to originate credit transfers to your financial institution account. Account Adjustments: In our sole discretion, we may deduct DP Credit, US Dollars or bitcoin from your Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with these Terms of Use, any applicable DealsPlus policies and terms, the terms of any Affiliate Merchant offers, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through a DealsPlus Affiliate Merchant qualifies for DP Credit is at the sole discretion of DealsPlus. If an Affiliate Merchant fails to report a transaction to DealsPlus or fails to make payment to DealsPlus for any reason, DealsPlus reserves the right to cancel the DP Credit, bitcoin or US Dollars associated with that transaction. It is your responsibility to check your Account regularly to ensure that DP Credit has been properly credited and paid and that your Account balance is accurate. If you believe that DP Credit has not been correctly credited to your Account, you must contact DealsPlus Member Services within ninety (90) days of the transaction. Should you disagree with any adjustments made to your Account or payments made to you, your sole remedy is to withdraw from the Program. Taxes: You may be taxed on your receipt of US Dollars or bitcoin depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with the Program.

  • 14. Updating & Maintaining Your Account
    You agree to keep your Account information current, complete, and accurate by periodically updating the information through DealsPlus. You must be logged into DealsPlus and enter your password to change your Account information and payment preferences. You may check your Account status and recent earning history at any time via DealsPlus. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and DealsPlus is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your Account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. Maintaining Your Active Account: An Active Account means you must engage in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started a shopping session via DealsPlus, (iii) have accrued DP Credit, or (iv) have logged into your Account. If your Account is inactive for more than twelve (12) consecutive months, DealsPlus reserves the right to debit your DealsPlus Account balance [_____] per month to recover the cost of account maintenance until you reactivate your Account by engaging in one of the activities set forth above in subsections (i) to (iv) or until your Account balance is zero. If the balance in your inactive Account is or becomes zero, DealsPlus will close your Account permanently and cease to maintain your Account records and Program access. The inactive account maintenance charge will not cause your Account balance to become negative and will not cause you to owe money to DealsPlus. Fraudulent Activity: We reserve the right to investigate any purchase transactions, referral activity, or interaction with any DealsPlus Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any DP Credit, US Dollars or bitcoin, bar further DP Credit, US Dollars or bitcoin awards to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding DP Credit, US Dollars or bitcoin has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of DP Credit, US Dollars or bitcoin or other rewards and bonuses, or any misrepresentation of any information furnished to DealsPlus by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued DP Credit, US Dollars or bitcoin rewards. If DealsPlus has any reason to suspect fraudulent activity is associated with your Account, DealsPlus reserves the right to delay or withhold payment of DP Credit, US Dollars or bitcoin. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.

  • 15. Limitations on Service
    You acknowledge that the DealsPlus may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that the DealsPlus has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that the DealsPlus reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that DealsPlus.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  • 16. Termination of Service
    You agree that the DealsPlus in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the DealsPlus believes that you have violated these Terms. Further, you agree that the DealsPlus shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

  • 17. Dealings with Organizations and Individuals
    Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that the DealsPlus 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 understand and agree that the DealsPlus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the DealsPlus, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

  • 18. Disclaimer of Warranties
    YOU AGREE THAT USE OF THE DEALSPLUS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALSPLUS DIS CLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DEALSPLUS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEALSPLUS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DEALSPLUS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DEALSPLUS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DEALSPLUS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DEALSPLUS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  • 19. Limitations of Liability
    IN NO EVENT SHALL THE DEALSPLUS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , RESULTING FROM ANY ASPECT OF YOUR USE OF THE DEALSPLUS SITE OR THE SERVICE, WHETH ER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DEALSPLUS SITE OR THE SERVICE, FROM INABILITY TO USE THE DEALSPLUS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DEALSPLUS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEALSPLUS SITE OR THE SERVICE OR ANY LINKS ON THE DEALSPLUS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DEALSPLUS SITE OR THE SERVICE OR ANY LINKS ON THE DEALSPLUS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

  • 20. Indemnity
    You agree to indemnify and hold the DealsPlus site , its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  • 21. General Information
    The Terms and the relationship between you and the DealsPlus shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and the DealsPlus agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Castle, Delaware. The failure of the DealsPlus to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.