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LEONA'S HELPMATE LLC TERMS OF USE AGREEMENT


ACCEPTANCE OF TERMS OF USE.

Leona's Helpmate LLC, which hereafter may also be referenced as ("Us", "We" or "Our"), owns and operates the website: https://www.stackdeals.com, both mobile and touch versions, and any other websites We may have now or in the future, that reference these "Terms of Use" (as further defined hereunder), all of which shall hereinafter and collectively be referred to as (the "Site"). By using the Site and Leona's Helpmate LLC's services through the Site, you agree to these "Terms of Use" and any additional or amended terms applicable to programs, promotions, surveys, contests, or other events, in which you may elect to participate. In addition, you also agree to Our "Privacy Policy" located at https://www.stackdeals.com/privacy, and acknowledge that you will regularly visit the "Terms of Use" to familiarize yourself with any updates. The "Privacy Policy" together with these "Terms of Use" and any other terms contained herein, or incorporated herein by reference, shall both hereinafter and collectively be referred to as (the "Terms of Use"). The term "using" also includes any person or entity that accesses, or uses the Site with crawlers, robots, data mining or extraction tools, or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE, AND DO NOT USE ANY Leona's Helpmate LLC SERVICES, PARTICIPATE IN ANY PROGRAM, PROMOTION, CONTEST, OR OTHER EVENTS, OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOODS OR SERVICES OFFERED THROUGH THE SITE.

DISCLAIMER OF WARRANTIES.

You expressly understand and agree, that your use of the services and all information, products and other content (including that of third parties) included in, or accessible from the Site, hereinafter and collectively referred to as (the "Service"), is at your sole risk. Furthermore, the Service shall be provided on an "As Is" and "As Available" basis. Leona's Helpmate LLC expressly disclaims all warranties of any kind as to the Service, and all information, products and other content (including that of third parties) included in, or accessible from the Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Leona's Helpmate LLC makes no warranties of any kind, that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained through the Service (including that of third parties), will meet your expectations; or (v) any errors in the technology will be corrected.

Any material downloaded or otherwise obtained by you from the use of the Service (including that of third parties) is done at your own discretion and risk, and you are solely responsible for any damage to your computer system, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Leona's Helpmate LLC through or from the Service (including that of third parties), will create any warranty not expressly stated in the Terms of Use.

LIMITATION OF LIABILITY.

You agree that neither Leona's Helpmate LLC or third parties, nor any of their affiliates, account providers, or any of their affiliates, will be liable for any harm, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Leona's Helpmate LLC has been advised of the possibility of such damages, resulting from: (i) the use or inability to use, the Service; (ii) the cost of getting substitute goods and services; (iii) any products, data,

information or services purchased or obtained, or messages received, or transactions entered into, through or from the Service; (iv) unauthorized access to, or alteration of your transmissions or data; (v) statements or conduct of anyone on the Service; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third-party account provider site, even if provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Service.

INDEMNIFICATION.

You agree to protect and fully compensate Leona's Helpmate LLC and their affiliates, from any-and-all third-party claims, liabilities, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by, or arising from your use of the Service, your violation of these terms, your infringement or infringement by any other user of your account, or any intellectual property or other right of anyone. You agree that any third-party service used by Leona's Helpmate LLC shall be considered as beneficiaries of the above provisions, with all rights to enforce such provisions, as if they were a party to this Agreement.

1. ABOUT THE SITE:

The Site is a platform through which Our "Leona's Helpmate LLC" clients, customers, advertisers, vendors or business users, hereinafter and collectively (the "Merchants"), sell goods, services, experiences, promote special events, and may offer vouchers, gift cards, coupons, promotional giveaways and samples, hereinafter and collectively referenced as ("Merchant Offerings") to the consumer, or to Our "Leona's Helpmate LLC" customer users, hereinafter referenced as (the "Customers"). Merchants are the sellers and issuers of the Merchant Offerings, and are solely responsible for the care, quality, and delivery of the goods and services provided. In addition, the Site also provides a platform through which both Merchants and Customers may benefit, by creating and using individual profile accounts which are linked between them, in-order-to build and establish ongoing relationships. Products, services, programs, promotions, contests, events or pricing offered by Leona's Helpmate LLC, whether it be within, or without the Site, may change at any time in Leona's Helpmate LLC's sole discretion, without notice.

2. OWNERSHIP OF THE SITE:

The Site, and any content on the Site, and the infrastructure used to provide the Site, are proprietary to Us, Our affiliates, Merchants and other content providers. By using the Site, and accepting these Terms of Use: {a} Leona's Helpmate LLC grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use, and to any additional terms and policies set forth by Leona's Helpmate LLC; and {b} you agree not to reproduce, distribute, create derivative works from, publicly display or perform, license, sell or re-sell any content, software, products or services obtained from, or through the Site, without the express permission of Leona's Helpmate LLC.

3. USE OF THE SITE:

As a condition of your use of the Site, you agree that:

  • You have reached the age of majority in the state or province in which you reside;
  • You are able to create a binding legal obligation;
  • You are not barred from receiving products or services under applicable law;
  • You will not attempt to use the Site with crawlers, robots, data mining or extraction tools, or any other functionality;
  • Your use of the Site, will at all times, comply with these Terms of Use;
  • You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
  • You have the right to provide any-and-all information you submit to the Site, and all such information is accurate, true, current and complete;
  • You will update and correct information you have submitted to the Site, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
  • You will, if coop sales or coupons with Leona's Helpmate LLC are applicable, only purchase Merchant Offerings, products, or participate in other available programs through the Site, by creating an account on the Site, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Use.

4. ACCESS TO THE SITE:

Leona's Helpmate LLC retains the right, at Our sole discretion, to deny service or use of the Site, or an account to anyone at any time, and for any reason. While We use reasonable efforts to keep the Site and your account accessible, the Site, including your account, may be unavailable from time to time. You understand and agree, that there may be interruptions in the Service or events, Site access, or access to your account due to circumstances both within Our control (e.g., routine maintenance), and outside of Our control.

5. MODIFICATIONS:

We reserve the right, at all times, to discontinue or modify any part of these Terms of Use in Our sole discretion. If We make changes that affect your use of the Site, or Our services, We will post notice of the change on the Terms of Use page. Any changes to these Terms of Use, will be effective upon Our posting of the notice, provided that the changes will not apply to Merchant Offerings, or products purchased prior to the effective date of such changes. If you do not agree to the changes, you may close your account, and you should not use the Site, or any services offered through the Site, after the effective date of the changes. We suggest that you revisit Our Terms of Use page regularly, to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page, is adequate notice to advise you of these changes, and that your continued use of the Site, or Our services, will constitute acceptance of these changes, and the Terms of Use as modified.

6. YOUR ACCOUNT:

You may only create and hold one account on the Site for your personal use, and you must register using a valid credit card. You are responsible for updating and correcting any information you have submitted, to create or maintain your account. As part of your account settings, you may have the option to: (a) save, edit or delete your Personal Information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree, that Leona's Helpmate LLC shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password, and supervise the use of your account. You are solely responsible for maintaining the security of your account, and maintaining settings that reflect your preferences. We will assume that anyone using the Site, or transacting through your account, is you. You agree that you are solely responsible for any activity that occurs under your account. The Site may permit you to make purchases without an account, or without logging into your account. If you make a purchase in this manner, We may create an account for you, based on the information provided to Us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information). Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person or entity. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing, and We may cancel your account in Our sole discretion. If your account is cancelled, you may forfeit any pending, current or future account credits, if applicable, and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities), shall survive. We also reserve the right to change, or discontinue any aspect of, or feature of Our services or the Site, including, without limitation, requirements for use.

7. YOUR CONDUCT:

Any-and-all interactions on the Site, must comply with these Terms of Use. To the extent your conduct, in Our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, We may limit, or terminate your privileges on the Site, and seek other remedies, including, without limitation, cancellation of your account, or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Site, and constitute violations of these Terms of Use:

   Submitting any content to the Site that:

  • Violates applicable laws (including, but not limited to, intellectual property laws, laws relating to rights of privacy, and rights of publicity, and laws related to defamation);
  • Contains Personal Information, except when We expressly ask you to provide such information;
  • Contains viruses or malware;
  • Offers unauthorized downloads of any copyrighted, confidential or private information;
  • Has the effect of impersonating others;
  • Contains messages by non-spokesperson employees of Leona's Helpmate LLC, which purports to speak on behalf of Leona's Helpmate LLC, or provides confidential information concerning Leona's Helpmate LLC;
  • Contains chain letters of any kind;
  • Is purposely inaccurate, commits fraud, falsifies information connected with your Leona's Helpmate LLC account; or
  • Is protected by copyright, trademark, or other proprietary right, without the express permission of the owner of the copyright, trademark, or other proprietary right.

   Attempting to do, or actually doing, any of the following:

  • Accessing data not intended for you, such as logging into a server, or an account which you are not authorized to access;
  • Scanning or monitoring the Site for data gathering purposes, in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
  • Scanning or testing the security of, or configuration of the Site, or breaching security or authentication measures; or
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site, or attempting to overload, "flood," "spam," "mail bomb" or "crash" the Site.

   Using any of the following:

  • Frames, framing techniques or framing technology, to enclose any content included on the Site, without Our express written permission;
  • Any Site content, including, without limitation, "User Content" (as further defined hereunder), any meta tags, or any other "hidden text" techniques or technologies, without Our express written permission;
  • The Site, or any of its contents, to advertise or solicit, for any commercial, political or religious purpose, or to compete, directly or indirectly, with Leona's Helpmate LLC; or
  • The Site, or any of its resources, to solicit Customers, Merchants, or other third parties to become users or partners of other online or offline services, directly or indirectly competitive, or potentially competitive with Leona's Helpmate LLC, including, without limitation, aggregating current or previously offered deals.

   Collecting any of the following:

  • Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers, in any manner that diverts traffic from the Site, without Our express written permission; or
  • Personal Information (as defined in the Privacy Policy), "User Content" (defined in Section 12), or content of any consumers, Customers or Merchants.

   Engaging in any of the following:

  • Tampering or interfering with the proper functioning of any part, page or area of the Site, or any functions or services provided by Leona's Helpmate LLC;
  • Taking any action that places excessive demand on Services, or Imposes, or may impose, an unreasonable or disproportionately large load on Our servers, or other portion of Our infrastructure (as determined in Our sole discretion);
  • Reselling, or repurposing your access to the Site, or any purchase made through the Site;
  • Exceeding, or attempting to exceed quantity limits when purchasing Merchant Offerings or products, or otherwise using any Leona's Helpmate LLC account to purchase Merchant Offerings or products, for resale, or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use, or the terms of a specific offer on the Site;
  • Accessing, monitoring, or copying any content from the Site, using any "robot," "spider," "scraper" or other automated means, or any manual process for any purpose, without Our express written permission;
  • Violating the restrictions in any robot exclusion headers on the Site, or bypassing, or circumventing other measures employed to prevent or limit access to the Site;
  • Aggregating any current, or previously-offered deals, or content, or other information from the Site (whether using links or other technical means, or physical records associated with purchases made through the Site), with material from other sites, or on a secondary site, without Our express written permission;
  • Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher), without Our express written permission;
  • Hyperlinking to the Site from any other website, without Our initial and ongoing consent; or
  • Acting illegally or maliciously against the business interests, or reputation of Leona's Helpmate LLC, Our Merchants, or Our Services.

8. YOUR PRIVACY:

We take the privacy of your personal data seriously. We encourage you to carefully review Our Privacy Policy for important disclosures about ways that We may collect, use, and share personal data, and your choices. Our Privacy Policy is incorporated in these Terms of Use, and available here.

9. TERMS OF SALE:

By purchasing, or obtaining any Merchant Offering or Product via the Site, you agree to these Terms of Use, including, without limitation, the Terms of Sale, available here.

10. SPECIAL PROGRAMS:

By participating in any special programs offered and/or conducted by Leona's Helpmate LLC, such as community events, coupons, points or card linked deals, raffles, donations, sponsorships or scholarships, etc., you agree to these Terms of Use, and the additional terms of each available program, if applicable, whether currently available, or to be offered in the future.

11. COPYRIGHT AND TRADEMARKS:

The Site contains copyrighted material and/or trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright and/or trademark, and other intellectual property laws of the United States. You agree not to modify, distribute, publish, transmit, publicly display, publicly perform, or participate in the transfer or sale, create derivative works, or in any way exploit any of the content, which includes selection, coordination, arrangement and enhancement, in whole or in part. In addition, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of content, without the express permission of Leona's Helpmate LLC, or the copyright owner, if applicable, is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in, or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement, that may subject you to civil and/or criminal penalties.

Any trademarks on the Site not owned by Leona's Helpmate LLC, may be under license from the trademark owner thereof, in which case, such license is for the exclusive benefit and use of Leona's Helpmate LLC, unless otherwise stated, or may be the property of their respective owners. You may not use Leona's Helpmate LLC's name. logos, trademarks or brands, or the trademarks or brands of others on the Site, without the express permission of Leona's Helpmate LLC.

12. USER CONTENT:

The Site may provide registered users and visitors, various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site, collectively referred to as ("User Content"), through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, or through, or in connection with, the Site from time to time. You may be required to have a Leona's Helpmate LLC account to submit User Content.

If you contribute any User Content, you will not upload, post or otherwise make available on the Site, any material protected by copyright, trademark or other proprietary right, without the express permission of the owner of the copyright, trademark or other proprietary right. Leona's Helpmate LLC does not have any express burden or responsibility, to provide you with indications, marking, or anything else that may aid you in determining whether the material in question is copyrighted, or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator, to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected, will not violate or infringe any copyrights, trademarks, or any other intellectual property rights, or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant, that you will not upload, post, transmit or otherwise make available, User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available, User Content that contains any material that harbors viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.

Leona's Helpmate LLC shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content, and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use, and any operating rules established by Leona's Helpmate LLC, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Leona's Helpmate LLC shall have the right to remove any material from the Communities, or any other Leona's Helpmate LLC controlled sites, in Its sole discretion. Leona's Helpmate LLC assumes no liability for any User Content, or other information that appears, or is removed from the Site, or elsewhere. Leona's Helpmate LLC has no obligation to use any User Content, and may not use it at all.

In some instances, and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Leona's Helpmate LLC makes no representations or warranties, that the User Content you modify, or remove, will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

Public nature of your User Content:

You understand and agree, that User Content is public. Any person (whether-or-not a user of Leona's Helpmate LLC Services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content, unless you wish for it to be publicly disclosed. Leona's Helpmate LLC is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.

Any User Content of any kind made by you or any third party, is made by the respective author(s) or distributor(s), and not by Leona's Helpmate LLC. Other users may post User Content that is inaccurate, misleading or deceptive. Leona's Helpmate LLC does not endorse, and is not responsible for, any User Content, and will not be liable for any loss or damage, caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it, and it may not reflect the opinion of [LEGAL]]. Leona's Helpmate LLC does not control or endorse any User Content, and specifically disclaims any liability concerning, or relating to your contribution of, use of, or reliance on, any User Content, and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.

License Grants:

Some User Content you submit to Leona's Helpmate LLC may be displayed, or may give you the option to display, in connection with your Personal Information, or a portion of your Personal Information, including, without limitation but not limited to, your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant Leona's Helpmate LLC a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content, in accordance with these Terms of Use, including, without limitation, a right to offer for sale, and to sell such rights in Personal Information, whether the User Content appears alone, or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sub-licensees, all without compensation to you. However, Leona's Helpmate LLC shall have no obligation to use your Personal Information in connection with any User Content.

As between you and Leona's Helpmate LLC, you shall retain all ownership rights in, and to, the User Content you submit or post. However, by contributing User Content, or other information on or through the Site, you grant Leona's Helpmate LLC a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone, or as part of, other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees, and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship, or integrity of materials regarding the User Content that you may have under any applicable law, or under any legal theory. Leona's Helpmate LLC's license in any User Content or Personal Information submitted, includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.

As detailed in Section 3, contributing User Content or other information on or through the Site, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content, on or through the Communities, you affirm that you are over the age of majority in the state or province in which they reside. We will promptly delete User Content or other content associated with any account We obtain actual knowledge of, that is associated with a registered user not at least the age of majority in the state or province in which he or she resides.

13. UNSOLICITED IDEAS:

We do not accept or consider, directly or through any Leona's Helpmate LLC employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send Us (or any of Our employees) any unsolicited ideas, suggestions, material, images or other work in any form hereinafter referred to as ("Unsolicited Materials"). If you send Us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter, or other terms that accompany them:

Leona's Helpmate LLC has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and

Leona's Helpmate LLC will own, and may use and redistribute, any Unsolicited Materials for any purpose, without restriction, and free of any obligation to acknowledge or compensate you.

14. INFRINGEMENT REPORTING PROCEDURES AND DIGITAL MILLENNIUM COPYRIGHT ACT PROCEDURES:

Infringement Reporting Procedures: If you own copyright, trademark, patent, or other intellectual property rights hereinafter referred to as ("IP Rights Owner"), or if you are an agent authorized to act on behalf of the IP Rights Owner hereinafter referred to as ("Authorized Agent"), and you have a good faith belief that material or products on the Site infringe the IP Rights Owner's copyright, trademark, or other intellectual property right, and you would like to bring it to Leona's Helpmate LLC's attention, you can report your concern(s) by submitting your complaint here.

DMCA Procedures: Leona's Helpmate LLC reserves the right to terminate your, or any third-party's right to use the Site, if such use infringes the copyrights of another. Leona's Helpmate LLC may, under appropriate circumstances, and at Its sole discretion, terminate your, or any third-party's right to access the Site, if Leona's Helpmate LLC determines that you or a third party is a repeat infringer. If you believe that any material has been posted via the Site by any third party in a way that constitutes copyright infringement, and you would like to bring it to Leona's Helpmate LLC's attention, you must provide Leona's Helpmate LLC's DMCA Agent identified below, with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work, and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner, or authorized to act on the copyright owner's behalf.

The contact information for Leona's Helpmate LLC's DMCA Agent for notice of claims of copyright infringement is: Leona's Helpmate LLC. Attention: Copyright Agent, at 2608 Lafayette Boulevard Fredericksburg, VA 22408. Email address: support@stackdeals.com.

15. DISCLAIMER OF WARRANTY:

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK, NONE OF Leona's Helpmate LLC, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO: (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE; OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF: (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS; (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS; OR (III) USER CONTENT PROVIDED THROUGH THE SITE, THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, Leona's Helpmate LLC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

16. LIMITATION OF LIABILITY:

IN NO EVENT SHALL Leona's Helpmate LLC, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE, OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES OTHER THAN MERCHANT OFFERINGS PURCHASED OR OBTAINED FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF ANY INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL Leona's Helpmate LLC'S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE. THE TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A) TO (G) ABOVE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A) TO (G) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

17. ELECTRONIC COMMUNICATIONS:

When you use the Site, or send emails to Leona's Helpmate LLC, you are communicating with Us electronically, and consent to receive electronic communications related to your use of the Site. We will communicate with you by email, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically, satisfy any legal requirement that such communications be in writing. Notices from Us will be considered delivered to you, and effective when sent to the email address you provide on the Site, or from which you otherwise email Us.

18. WEBSITES OF OTHERS:

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you, and not because We endorse, or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites, or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible, or liable, directly or indirectly, for any damage, loss or liability caused, or alleged to be caused, by or in connection with any use of, or reliance on any content, products or services available on or through any such linked site or resource.

19. INDEMNIFICATION AND RELEASE:

You agree to defend, indemnify and hold harmless Leona's Helpmate LLC, Its subsidiaries and affiliates, and their respective directors, officers, employees and agents from, and against, all claims and expenses, including, without limitation, attorneys' fees, arising out of, related to, or in connection with any of the following: (a) any Merchant Offerings or Products purchased by you through the Site, or any additional products or services purchased or obtained by you from the Merchant; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (c) fraud you commit, or your intentional misconduct, or gross negligence; or (d) your violation of any applicable U.S., Canadian, or foreign law, or rights of a third-party.

You are solely responsible for your interactions with Merchants, and other users of the Site. To the extent permitted under applicable laws, you hereby release Leona's Helpmate LLC from any-and-all claims or liability, related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site, any action or inaction by a Merchant, including without limitation, but not limited to, any harm caused to you by action, or inaction of a Merchant, a Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering, or any other product or service, purchased or obtained by you from the Merchant, and any conduct, speech or User Content, online or offline, of any other third-party.

20. FORCE MAJEURE:

Leona's Helpmate LLC shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by: (a) weather conditions, or other elements of nature, or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware, networks or software failures; or (f) other causes beyond the reasonable control of Leona's Helpmate LLC.

21. ASSIGNMENT:

You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Leona's Helpmate LLC. Any attempted assignment that does not comply with these Terms of Use shall be null and void. [LEGAL]] may assign these Terms of Use, in whole or in part, to any third-party in Its sole discretion.

22. ENTIRE AGREEMENT:

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and Leona's Helpmate LLC with respect to the subject matter hereof, and shall supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Leona's Helpmate LLC with respect to such subject matter.

23. CHOICE OF LAW:

Any disputes arising out of, or related to these Terms of Use, and/or any use by you of the Site, or Leona's Helpmate LLC's services, shall be governed by the laws of the State of Virginia, without regard to its choice of law rules, and without regard to conflicts of law principles.

If you reside in Canada, any disputes arising out of, or related to these Terms of Use, and/or any use by you of the Site or Leona's Helpmate LLC's services, shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules, and without regard to conflicts of law principles. Leona's Helpmate LLC and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that convention may be incorporated into applicable law.

24. DISPUTE RESOLUTION:

       (a)   Binding Arbitration: Except as specifically stated herein, any dispute or claim between you and Leona's Helpmate LLC arising out of, relating in any way to, or in connection with the Terms of Use, the Site, or your use of the Site, or any Products, Merchant Offerings or services offered or distributed through the Site hereinafter referred to as ("Disputes"), shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By-virtue-of this "Dispute Agreement" (further defined hereunder), you and Leona's Helpmate LLC are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 24(a) or Section 24(d)). The provisions of this Section 24 shall constitute your and Leona's Helpmate LLC's written agreement to arbitrate Disputes under the Federal Arbitration Act hereinafter referred to as ("Dispute Agreement"). Any modification to this Agreement shall be in writing, and signed by you and Leona's Helpmate LLC. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA's Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 24(e), and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: C T Corporation System, 208 S. LaSalle Street, Suite 814, Chicago, IL 60604. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Leona's Helpmate LLC will reimburse those fees for Disputes seeking damages of less than $10,000.00 unless the Arbitrator determines: (i) the Dispute is frivolous or unfounded; or (ii) the Arbitrator determines that Leona's Helpmate LLC is not at fault. Likewise, Leona's Helpmate LLC will not seek attorneys' fees, and costs in arbitration, unless the Arbitrator determines: (i) the Dispute is frivolous or unfounded; or (ii) the Arbitrator determines that Leona's Helpmate LLC is not at fault. The arbitration will be conducted based upon written submissions, unless you request, and/or the Arbitrator determines that a telephone or in-person hearing is necessary.

       (b)   No Class-Action Matters: We each agree that we shall bring any-and-all Disputes against the other, in our respective and individual capacities, and not as a plaintiff or a class member, in any purported class representative proceeding, or as an association. In addition, we each agree that all Disputes shall be arbitrated only on an individual basis, and not in a class, consolidated, or representative action. The Arbitrator does not have the power to vary these provisions.

       (c)   Choice of Law and Forum; No Jury Trial: If for any reason, a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Spotsylvania County, Virginia; (ii) you and Leona's Helpmate LLC irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts, for resolution of such Disputes; (iii) you and Leona's Helpmate LLC agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Virginia, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Leona's Helpmate LLC agree to waive any right to a trial by jury.

       (d)   Injunctive Relief: Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring a suit in court seeking an injunction, or other equitable relief arising out of, or relating to, the infringement of a party's intellectual property, or any conduct that violates Section 7 of the Terms of Use.

       (e)   Time Limitations: If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent the commencing of the arbitration within one (1) year from the date the Dispute arose, the Dispute will be forever barred.

       (f)   Severability: With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 24(b) above is ruled to be unenforceable, then Section 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remain in full effect.

25. ADDITIONAL DISCLOSURES:

No waiver by either you or Leona's Helpmate LLC of any breach or default, or failure to exercise any right allowed under these Terms of Use, is a waiver of any preceding or subsequent breach or default, or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only, and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provision(s) contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.