Terms & Conditions
DEALTEK® PROVIDES ACCESS TO ITS DEALS™ SYSTEM SUBJECT TO YOUR COMPLIANCE WITH THE TERMS THAT YOU SELECTED ON THE SUBSCRIPTION FORM AND THAT DEALTEK® APPROVED, THE TERMS AND CONDITIONS SET FORTH BELOW, AND THE PRIVACY STATEMENT LINKED HERETO. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF DEALS® WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE ITEMS.

I. GENERAL

DEALTEK® provides technology-driven solutions to optimize strategic decisions regarding capital investment projects for companies, economic development authorities or similar commerce agencies ("EDAs"), and their service providers. We specialize in the development, expansion/consolidation, and location/relocation of business operations and facilities.

DEALS® is a computer software and database system for management use in strategic project decision-making regarding the development, expansion, consolidation, location, or relocation of facilities and their operations. DEALS provides project management and decision modeling functions, using a web-based, interactive electronic process. In brief, DEALS performs the following:

(1) Combines economic and demographic data, project specifications, and projections of alternative business and financial scenarios;
(2) Screens locations according to criteria selected by the user, calculates the relative start up and operating costs in the candidate locations and transactions under consideration, and compares the bottom line results of the different decision choices; and
(3) Guides a company through determining and negotiating the optimal operating environment for a particular business operation or facility, and guides an EDA through sharpening its focus on its location's competitive strengths and weaknesses as against those of other locations vying for a corporate project.

Inquiries of a general nature should be directed to DEALTEK at 1.650.305.1812.

II. DEFINITIONS

The following terms shall have the following meanings unless their context requires otherwise:

"Agreement" means these Terms and Conditions, the Privacy Statement (defined in section IV below), and the terms selected by the Subscriber on the subscription form or similar subscription letter and approved by DEALTEK by e-mail, signature, or other written communication.

"DEALS" or "Development, Expansion, and Location Solutions" means the strategic project management and decision-making software application owned and operated by DEALTEK, including the demographic and economic data provided by DEALTEK within the database component of DEALS, that is accessible on DEALTEK's computer servers through a connection via the Internet.

"DEALTEK Software" means DEALS plus any computer software owned or licensed by DEALTEK that comprises the communications connection, computer operating, and data encryption and other security software that support DEALS on DEALTEK's computer servers.

"Internet" means the worldwide system of computer networks or network of computer networks in which users at any one computer can, if they have permission, get information from any other computers.

"Privacy Statement" means DEALTEK's policies and practices with respect to the privacy maintained by DEALTEK for a Subscriber, which Privacy Statement is described more fully below in Section IV.

"Site" means the location of DEALS at the Uniform Resource Locator ("URL") address on the Internet, namely, https://deals.dealtek.com.

"Subscriber" means a user of DEALS who has been granted a Subscriber License by DEALTEK for access and use of DEALS on the Site.

"Subscriber Account" means: (1) information regarding your company or other entity, individual user, and contact names; passwords; addresses; phone numbers; subscription prices and periods; and (2) any other information related to the identity, subscription arrangements, and contacts of a particular Subscriber.

"Subscriber Data" means any data or information input or otherwise provided by the Subscriber for use by the Subscriber in connection with DEALS according to the terms of the Subscriber License.

"Subscriber License" means the license and the right that is provided to the Subscriber entitling the Subscriber to access and use DEALS on DEALTEK's computer servers through a connection via the Internet, as further defined below.

"Subscriber Work Product" means the business scenarios, candidate folders, financial calculations and summaries, comparisons, or other work product whether interim or end result, generated, derived, or produced by the Subscriber's use of DEALS from the input of the Subscriber Data.

III. RIGHTS

This Site and the Site content is the property of, owned, maintained, updated, and operated by DEALTEK. The Site content consists of material which is derived in whole or in part from DEALTEK's business processes, DEALTEK Software, databases, other intellectual property, and databases provided by third party vendors, all of which are protected by international copyright, trademark and other intellectual property laws. DEALTEK, DEALS and Development, Expansion, and Location Solutions are registered trademarks of DEALTEK, Ltd.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material obtained from this Site including, but not limited to DEALS, other DEALTEK Software or any DEALTEK source code. You may download any Subscriber Data or Subscriber Work Product used or derived in connection with DEALS.

However, DEALTEK reserves the right to send electronic mail to any and all Subscribers to inform them of system status regarding DEALS, additions or other changes to DEALS, DEALTEK requests for Subscribers to download or delete dormant Subscriber Data or Subscriber Work product left in DEALS, or DEALTEK notices that it will delete such items after prior reasonable notice for the Subscriber to do so.

IV. PRIVACY

DEALTEK will keep and maintain confidential all Subscriber Accounts, Subscriber Data provided by you, and all Subscriber Work Product, in accordance with the terms of the Privacy Statement which is incorporated herein, made a part hereof and hyperlinked hereto. DEALTEK will not provide Subscriber Data or Subscriber Work Product to third parties. DEALTEK will not allow other Subscribers access to Your Subscriber Account, Subscriber Data, or Subscriber Work Product.

In addition, only when authorized by you or any other Subscriber, DEALTEK will access your Subscriber Account, Subscriber Data, or Subscriber Work Product if necessary to assist you with using DEALS, locating files, or providing other technical or consulting assistance. DEALTEK will provide technical assistance free of charge. DEALTEK will provide any requested interpretive or other consulting assistance regarding results, other work product from using DEALS, or other project support, after the parties first agree on the scope and any fee for such assistance.

Further, upon DEALTEK's prior request, which the Subscriber reasonable may refuse, DEALTEK may use for marketing purposes your name, a testimonial, and/or a brief, general, and nonconfidential description of a project modeled by your use of DEALS. However, DEALTEK may use, in its sole discretion, generic, unidentified, and general summaries or statistics about its Subscribers for financial reporting, capital planning, and marketing purposes.

V. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DEALTEK, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES, OR THEIR DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, DEALS OR ANY RELIANCE THEREUPON.

THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INLCUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPOSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

IF YOU ARE DISSATISFIED WITH DEALS, OR WITH ANY OF THE TERMS AND CONDITIONS ASSOCIATED WITH USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING DEALS.

VI. SUBSCRIBER LICENSE

DEALTEK hereby grants the Subscriber a license to access and use the DEALS Software only: (1) for the Subscriber's own internal business or professional use in project Subscriber Data collection, Subscriber Work Product production, financial analysis, and project decision modeling purposes; and (2) for the time period, project quantity, and price terms selected by the Subscriber on the DEALS subscription form and accepted by DEALTEK via e-mail confirmation, invoice, or other written communication. Subscriber shall have no rights to the DEALS software, and no license is hereby granted to Subscriber by DEALTEK, except for those rights expressly granted herein. Further, Subscriber may not copy, resell, distribute, modify, reverse engineer, provide unauthorized access to, or create derivative works from DEALS.

VII. REGISTRATION AND SECURITY

As part of the registration process, Subscriber will be provided a password and user name. Subscriber shall provide DEALTEK with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of the Subscriber's Account. Subscriber may not select or use an account number of another person with the intent to impersonate that other Subscriber.

Subscriber shall notify DEALTEK of any known or suspected unauthorized use(s) of Subscriber's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Subscriber's user name or password. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's user name or password. Subscriber will never be required to reveal Subscriber's password to any representative or agent of DEALTEK, its owners or agents.

Each Subscriber is responsible for all usage or activity on its DEALS account, including use of the Subscriber Account by any third party authorized by Subscriber to use Subscriber's DEALS user name and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber's account, at DEALTEK's sole discretion, and Subscriber may be referred to appropriate law enforcement agencies.

VIII. ACCEPTABLE USE POLICY

The Site is to be accessed in an interactive manner by an actual human being using a web browser. It is not to be accessed in an automated or pre-programmed manner by any hardware or software device, program, routine or script that accesses the material in a bulk manner bypassing the interactive controls built into the Site. Subscribers may not place a disproportionately large load on the DEALTEK hardware, software or other infrastructure.

IX. TERM AND TERMINATION

In its sole discretion, DEALTEK may terminate or suspend Subscriber's access to all or part of DEALS for any reason, including, without limitation, breach of the Agreement. In the event that the Subscriber's access is terminated, DEALTEK will refund to the Subscriber, on a daily pro rata basis, the balance of the Subscriber's unapplied subscription fee, based on the time remaining in the subscription period.

Further, if in good faith Subscriber is unsatisfied with DEALS, after DEALTEK is given the opportunity and makes commercially reasonable efforts to satisfy Subscriber, then DEALTEK will refund a prorated amount of Subscriber's subscription fee based on the time remaining in the subscription period.

X. GOVERNING LAW

This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Onondaga in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

XI. COMPLETE AGREEMENT

This Agreement covered in the definition of Agreement constitute the complete agreement between DEALTEK and the Subscriber regarding the subject matter herein. This Agreement supersedes all prior and other agreements or understandings, written or oral, of any nature with respect to such matters.

XII. AMENDMENT

This Agreement shall not be amended, modified or changed except by means of e-mail, other electronic communication, or a writing approved or signed by DEALTEK and the Subscriber.

XIII. BINDING EFFECT.

This Agreement shall be binding upon the parties hereto, and their successors and assigns.

XIV. ACCEPTANCE

Subscriber, by its authorized representative's access to and/or use of DEALTEK, hereby acknowledges its acceptance to the Agreement, including the above stated Terms and Conditions, and agrees to be bound hereby.

DEALTEK, DEAL Zone, DEALS, "Development, Expansion, and Location Solutions," Expert DEALS,
and "Turning Decision Choices into Choice Decisions" are registered trademarks of DEALTEK, Ltd.
The DEALS ® software program and the method of using it are covered by US Patent Number 7,640,196.
Copyright © 2000-2017 DEALTEK, Ltd., all rights reserved.