Business Services Terms & Conditions

Effective Date: April 13, 2026 — Version 1.0

(When updated, the new version and effective date will be shown above. The version in effect at the time of your most recent purchase or renewal governs your subscription.)

These Business Services Terms & Conditions ("Terms") govern your purchase and use of any paid services offered by HotDealsNearby LLC ("Company," "we," or "us"). By completing a purchase on our website, you agree to be legally bound by these Terms. If you do not agree, do not purchase.

1. ACCEPTANCE & AGREEMENT

By purchasing any paid service (including Premium/Featured Spots, Boosted Placement, Managed Services, Deal Analytics, or any upsell), you accept these Terms in full. Your purchase constitutes your agreement to these Terms as presented at checkout. You must affirmatively accept these Terms before payment is processed.

By completing a purchase, you represent and warrant that:

  • (a) you are at least 18 years of age;
  • (b) you have full legal authority to bind the business on whose behalf you are purchasing;
  • (c) all information provided during checkout is accurate and complete; and
  • (d) you are purchasing primarily for business or commercial purposes, not as a consumer for personal, family, or household use.

These Terms supersede any statements, representations, or promises made by any affiliate, sales representative, or third party acting on our behalf. Only written commitments signed by a manager of HotDealsNearby LLC are binding on the Company. No email, verbal statement, price sheet, checkout description, or onboarding material creates binding obligations outside these Terms.

Privacy Policy & Version Control. By purchasing, you also agree to our Privacy Policy, which is incorporated by reference. Our Privacy Policy is available at https://www.hotdealsnearby.com/privacyPolicy.php. The version in effect at the time of your purchase governs our data practices. These Terms apply to your initial purchase and to all subsequent renewals and upgrades. Each renewal constitutes a new agreement to the version of these Terms in effect at the time of that renewal.

Payment Processing. All payments are processed securely through Stripe. We do not store your payment card information.

Eligibility & Business Use. Our services are primarily intended for use by businesses and commercial entities. By purchasing, you represent and warrant that you are not purchasing as a consumer for personal, family, or household use, and that your primary purpose is business or commercial in nature. If you falsely represent your purchasing purpose to obtain commercial terms and later invoke consumer protections, you waive any claims based on that misrepresentation and remain bound by the commercial terms you agreed to at checkout.

2. AVAILABLE PLACEMENTS & GEOGRAPHIC LIMITATIONS

All placement descriptions in these Terms control over any marketing images, sales materials, or checkout visuals. In the event of any conflict, these Terms govern. City Definition
For placement purposes, a "city" is the exact municipality name selected at checkout (e.g., "Edgewood, KY" and "Cincinnati, OH" are separate cities). Suburbs, unincorporated areas, and adjacent municipalities are treated as distinct even if they share zip codes or metro areas. It is your sole responsibility to verify the correct city before completing your purchase. The city shown on your checkout confirmation is final and binding. No refunds, adjustments, or credits will be issued for city designation disputes after payment is processed. If you are unsure, contact us before purchasing.

Premium Spot (#1) — Top Spot — Maximum Visibility

  • Availability: Only 1 available per city.
  • What You Get: Your deal appears first in the Top Deals section on the homepage, gold star badge, gold marker on the map, and priority placement in the Similar Deals section.
  • Placement: We will use good-faith technical efforts to maintain your Premium Spot placement for your full paid period. In the event of a verified platform outage or error affecting your placement, your sole and exclusive remedy is a prorated service credit for the affected period — not a cash refund, damages, or injunctive relief. No other remedy is available for placement failures of any kind.
  • Service credits are calculated on a per-day basis (monthly subscription price divided by 30), applied to your next billing cycle, and are not redeemable for cash. An outage must be reported to support@hotdealsnearby.com within 7 days of occurrence to be eligible for a credit. Credits will not be issued for unreported outages.
  • Definition of Verified Platform Outage: A "verified platform outage" means a confirmed technical failure of HotDealsNearby.com's servers or software that prevented your placement from displaying as purchased, as determined solely by our internal records and logs. Reduced traffic, seasonal variation, algorithm changes, competitor performance, or user behavior patterns do not constitute a platform outage. A partial outage affecting only a specific feature (e.g., map marker display, badge rendering) qualifies for a partial service credit proportional to the affected feature's value, as determined by Company in good faith, not a full subscription credit.
  • Placement Dispute Evidence: In the event of any placement dispute, Company's internal platform logs and server records are the authoritative record of service delivery. Screenshots or recordings provided by the customer without independently verifiable timestamps are not sufficient evidence of a service failure on their own.

Featured Spots (Positions 2–5)

  • Availability: Only 4 spots available per city.
  • What You Get: Your deal rotates among positions 2–5 on the homepage, blue star badge, featured group placement on the map, and appearance in the Similar Deals section after the Top Spot.
  • IMPORTANT: Exact position within the Featured tier (e.g., position 2 vs. position 5) is not guaranteed and is determined by randomization each time the page loads. This is an inherent, disclosed feature of the service and does not constitute a service failure, defect, or grounds for a refund, credit, or chargeback.

Boosted Placement — Priority in Regular Deals

  • Availability: Unlimited per city.
  • What You Get: Priority placement among regular (non-featured) deals, rotation at the top with other Boosted deals, and priority in the "More Deals" area on the map. Multiple businesses can be Boosted simultaneously; exact position among Boosted deals is randomized.

Geographic Limitation

Your deal is visible to users accessing our platform within your purchased city. Visibility in neighboring areas is not guaranteed. We make no representations about views, leads, or results outside your purchased city.

Accuracy & Legitimacy

All deal information must be accurate, current, and non-fraudulent. Your business must be legally operating and compliant with all applicable laws. We may immediately remove any deal containing false, misleading, illegal, or prohibited content without notice and without liability.

3. PRICING, FIRST-TIME DISCOUNTS & REFERRAL CODES

All pricing is listed on our checkout page and in the current Price Sheet. First-time discounts and referral codes are for new customers only and may not be combined unless expressly stated at checkout.

Pricing Fraud. If the Company discovers that you misrepresented your city, tier, business type, or any other information to obtain lower pricing, the Company may, in addition to suspension or termination: (a) invoice and collect the difference between the price paid and the correct-tier price for all affected subscription periods; and (b) suspend or terminate your account per Section 8. You agree to pay such invoiced amounts within 30 days of written notice.

Referral Code Rules

  • A referral code may be used only once per customer account.
  • Self-referral or use of a code where you (or any related party, including family, business associates, or entities in which you hold any interest) receive an affiliate commission is strictly prohibited and voids both the discount and any associated commission.
  • Any purchase where the purchaser is also the affiliate associated with the referral code, or where the purchaser and affiliate are Related Persons or Entities as defined in our Affiliate Agreement, is a prohibited self-referral and voids both the commission and the discount, regardless of which party initiated the transaction.
  • Any abuse, creation of multiple accounts, or unauthorized discount stacking will result in immediate cancellation, forfeiture of any discount, and possible account suspension with no refund.
  • Referral code discounts apply only at initial checkout and cannot be applied retroactively after payment is processed. If a referral code was not entered at checkout, contact support@hotdealsnearby.com within 24 hours of purchase. We will make reasonable efforts to apply a credit to your next billing cycle but cannot guarantee retroactive application, and no cash refunds will be issued on this basis.

Pricing is subject to change for future renewals with 30 days' written notice via email.

4. MANAGED SERVICES & DEAL UPDATES

Option 1: We Update Your Deal For You (Email Updates)

  • How It Works: Email us your new deal details and we update your listing.
  • Frequency Plans: Available in different update frequencies.
  • Response Time: We target a 48-business-hour turnaround. This is a target, not a guarantee or warranty. HotDealsNearby.com is not liable for any business losses, lost revenue, lost customers, or other damages of any kind arising from delays in deal updates.
  • Commitment periods, if applicable, will be disclosed at purchase. By completing your purchase, you acknowledge the commitment period applicable to your plan.

Option 2: Auto-Sync Hot Deals With Your Website

  • How It Works: We scan your website daily and automatically match your listing to your site.
  • Update Schedule: Updates apply every evening; timing may vary.

Your Obligations for Auto-Sync. You must: (a) keep your website accessible and publicly reachable; (b) whitelist HotDealsNearby.com's scraping IP ranges (provided upon request); and (c) notify us promptly if your website structure, URL, or platform changes.

Auto-Sync failures caused by your website being inaccessible, blocking our scraper, or unreported structural or URL changes are not eligible for refunds or service credits.

Company-Side Auto-Sync Failure. If Auto-Sync fails due solely to a verified issue on our end, your sole and exclusive remedy is a prorated service credit for the verified affected days, capped at the monthly subscription fee for that service. No cash refunds or other damages are available for Auto-Sync failures.

We are not responsible for delays caused by your failure to provide timely updates or accurate information, and we cannot guarantee detection of all failure scenarios.

Auto-Sync Monitoring & Notification Limits. We will make reasonable efforts to notify you of detected Auto-Sync failures, but we make no guarantee that all failures will be detected or that notification will occur within any specific timeframe. Monitoring and verifying your listing accuracy is ultimately your responsibility.

Commitment Period. Plans include commitment periods with optional setup fees. After any commitment expires, service continues month-to-month until canceled.

5. DEAL ANALYTICS

The Deal Analytics subscription renews automatically each month.

Analytics Accuracy Disclaimer. Analytics data is provided for informational purposes only. We do not warrant the completeness, accuracy, or real-time nature of analytics data. You are solely responsible for any business decisions made based on analytics data, and HotDealsNearby.com has no liability for losses arising from reliance on such data.

Data Retention & Export. After cancellation, analytics data is retained for 12 months. You may request up to two (2) data exports during this period by emailing support@hotdealsnearby.com; we will provide each export within 30 days in CSV or PDF format. After 12 months, data is permanently deleted.

Your Responsibility to Retain Data. You are solely responsible for exporting and retaining your own analytics data before the 12-month retention period expires. HotDealsNearby.com is not liable for evidentiary loss, legal exposure, or any business harm resulting from deletion after the 12-month retention period. In the event of active litigation or a formal dispute, data retention may be extended upon written request submitted before the 12-month period expires.

6. BILLING, PAYMENTS, CANCELLATIONS & REFUNDS

Subscriptions renew automatically on the same calendar day of the month as your original purchase date each month. You authorize us to charge the payment method on file on the renewal date.

Recurring Billing Disclosure (Required by Law)

During checkout, you will be required to affirmatively check a box confirming your understanding of and consent to automatic renewal before payment is processed. Your subscription will automatically renew at the then-current price on the same calendar day of the month as your original purchase date each month until you cancel. By completing your purchase and checking this box, you affirmatively consent to this recurring charge. You may cancel at any time via your account dashboard before your next renewal date to avoid future charges. This disclosure is provided in compliance with the Restore Online Shoppers' Confidence Act (ROSCA) and applicable state automatic renewal laws.

Renewal Notifications

A renewal reminder email will be sent approximately 7 days before each renewal, stating the upcoming charge amount. It is your sole responsibility to maintain a valid, deliverable email address on your account. Failure to receive a renewal reminder due to an invalid address, spam filtering, inbox error, or any other delivery failure beyond our control does not entitle you to a refund of the renewal charge or cancellation of the renewal.

Non-Assignment of Subscriptions

You may not assign, transfer, sublicense, or delegate your account, subscription, or any rights under these Terms to any third party without our prior written consent. Any attempted assignment without consent is void and of no legal effect.

Cancellations

You may cancel at any time through your account dashboard or by emailing support@hotdealsnearby.com. Cancellation takes effect at the end of the current billing period. No prorated cash refunds are issued for partial months.

Business Sales & Ownership Changes

Subscriptions are non-transferable. In the event of a business sale, closure, or change in ownership, the existing subscription does not transfer to the new owner. The prior account holder may cancel according to the normal cancellation terms — no refunds are issued for the remaining paid period. The new owner must create a new account and purchase services at current pricing.

Refund Policy

Refunds are generally not available. At our sole discretion, we may issue a full or partial refund only if: (a) the request is submitted in writing within 30 days of the original charge; and (b) the cause is a clear, documented error solely on our part, and only where we determine in our sole discretion that a refund is warranted. All refund determinations are final as an administrative matter and are not subject to administrative appeal or reconsideration. However, a refund denial may still be disputed through the full dispute resolution process in Section 12, including the mandatory informal resolution period and binding arbitration if required.

Chargebacks & Payment Disputes. If you have a billing concern, you must contact us first at support@hotdealsnearby.com and allow at least seven (7) business days for us to investigate and respond before filing any chargeback or payment dispute with your card issuer or payment processor. Filing a chargeback before this period expires or without a good-faith basis constitutes a material breach of these Terms and will result in immediate suspension or termination of your account without refund.

As a business purchaser, you agree to reimburse us for (a) chargeback fees actually assessed by our payment processor and (b) our documented administrative costs of responding to the dispute (not to exceed $250 per transaction).

Duplicate/Conflicting Purchases. In the event of duplicate purchases of a limited placement (Premium or Featured Spot) for the same city, the first confirmed payment takes priority. We will initiate a refund for any conflicting subsequent purchase within 5 business days. Actual credit to your account depends on your bank or card issuer and may take an additional 5–10 business days beyond our initiation date.

7. CONTENT POLICY & BUSINESS STANDARDS

All deals and business information posted on HotDealsNearby.com must comply with the following standards:

  • No Explicit Content: No nudity, explicit sexual content, profanity, or graphic language.
  • Professional Language: Descriptions must be professional and family-friendly.
  • No Illegal Activity: Deals may not promote, facilitate, or involve illegal goods, services, or activities.
  • Accurate Information: All details must be truthful, current, and not misleading.
  • No Hate Speech: No hate speech, discrimination, or harassment targeting any person or group.
  • Restricted Categories: Content promoting or associated with adult entertainment, tobacco or vaping products, firearms or ammunition, gambling or betting, cannabis or CBD (regardless of local legality), payday or high-interest lending, cryptocurrency, or multi-level marketing is not permitted without prior written approval from the Company. Contact us before purchasing if your business may fall into a restricted category. Purchasing without prior written approval when your business falls into a restricted category is a material misrepresentation and grounds for immediate termination with no refund.

Violations may result in immediate removal, suspension, or termination with no refund. Except for illegal, fraudulent, or high-risk content, we will make reasonable efforts to notify you and allow 48 hours to cure before taking action.

Billing During Content Violation Pauses. If your deal is removed or paused for a content violation, subscription billing continues normally. The pause period is not added to your subscription term and no service credit is issued for pauses resolved within 7 days. If a content violation pause extends beyond 7 days due to a delay primarily on the Company's part (excluding delays caused by your failure to respond or cure in a timely manner), we will issue a prorated service credit for days beyond the initial 7-day period.

Content License. By submitting any content to HotDealsNearby.com — including deal descriptions, images, logos, promotional text, and business information — you grant HotDealsNearby.com a non-exclusive, royalty-free, worldwide license to display, reproduce, distribute, and promote that content on our platform, in our marketing materials, and on our social media channels for the duration of your subscription and for up to 30 days following cancellation or termination.

Following that 30-day period, we will remove your content from active platform display and active marketing. Cached or archived copies (including CDN caches, search engine caches, and previously published social media posts) may persist beyond the 30-day period due to technical constraints beyond our reasonable control. We are not obligated to pursue removal of such cached copies and have no liability for their continued existence after the 30-day active use period expires.

You represent and warrant that (a) you have all necessary rights to grant this license; (b) your content does not infringe any third-party intellectual property rights; and (c) your content complies with this Section 7 in full.

8. ACCOUNT SUSPENSION & TERMINATION

We may suspend or terminate your account immediately for:

  • Violation of these Terms or our anti-spam/fraud policies;
  • Filing a chargeback or payment dispute without prior contact or before the required 7-business-day resolution period;
  • Fraudulent activity, misrepresentation, or non-payment;
  • Submitting false business information to qualify for lower-tier pricing;
  • Creating multiple accounts for the same business location to circumvent the one-per-city Premium Spot limit;
  • Using bots or automation to inflate deal view counts;
  • Coordinating with other businesses to manipulate placement rankings;
  • Content that violates our Content Policy;
  • Pricing fraud, including misrepresentation of city, tier, or business type; or
  • Any conduct that HotDealsNearby.com reasonably and in good faith determines creates material legal liability or material reputational harm to HotDealsNearby.com, including conduct that Company has reasonable grounds to believe is harmful even if not yet fully investigated, including but not limited to public statements that materially misrepresent our services or platform.

For violations that do not pose immediate legal, regulatory, fraud, or reputational risk, we will make reasonable efforts to provide written notice and a 48-hour cure period before suspension or termination.

Investigation Process for Suspension Based on Reasonable Grounds. Where Company terminates based on reasonable grounds prior to completing an investigation, Company will complete its investigation within thirty (30) days. If the investigation does not confirm the suspected conduct, any withheld amounts not otherwise subject to valid offsets will be released. This does not entitle the terminated party to reinstatement.

Pricing Fraud Remedy. If you misrepresented your city, tier, or business type to obtain lower pricing, the Company may, in addition to suspension or termination, invoice and collect the difference between the price paid and the correct-tier price for all affected periods. You agree to pay such amounts within 30 days of written notice.

Upon Suspension or Termination: (a) all active subscriptions are canceled with no refund for the remainder of the term; (b) you remain responsible for all outstanding amounts; (c) you lose access to all paid features.

Appeals. You may appeal by emailing support@hotdealsnearby.com within 14 days of the suspension or termination notice. We will review in good faith and respond within 7 business days. Our response constitutes our final administrative determination. Any legal action following the appeal process must comply with all requirements of Section 12 (Dispute Resolution), including the mandatory informal resolution period and binding arbitration obligation, which are conditions precedent to any legal filing.

Duplicate/Conflicting Accounts. In the event of duplicate purchases of a limited placement for the same city, the first confirmed payment takes priority. Any conflicting subsequent purchase will be canceled and a refund initiated per Section 6.

9. GENERAL LIMITATIONS, PLATFORM IP & DISCLAIMERS

Services are provided "as is" and "as available" with no warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee any minimum views, clicks, leads, sales, or business results.

Platform Intellectual Property. All platform content, design, software, data structures, and features of HotDealsNearby.com are the proprietary intellectual property of HotDealsNearby LLC. You may not scrape, copy, reproduce, or use any platform content, data, or design elements for any purpose outside your normal use of the services. Upon termination, you must immediately cease all use of platform data. Any platform data, analytics, or insights accessed during your subscription period may not be used for competitive purposes at any time, including during and after your subscription. This obligation survives termination. "Competitive purposes" includes, without limitation: building or operating a competing deal or coupon platform; training AI or machine learning models on platform data; benchmarking the Company's pricing or placement against competitors; and any use that directly or indirectly benefits a business offering services substantially similar to those of HotDealsNearby.com.

Platform Modifications. We may modify platform features, visual elements, or functionality with at least 10 days' prior written notice via email. Modifications that constitute a "material reduction in value" will be communicated clearly and you may cancel within 10 days of notice and receive a prorated service credit (not a cash refund) for the unused portion of your current billing period.

"Material reduction in value" means the complete removal of a core feature you specifically purchased (e.g., removal of the Featured Spot product entirely, or elimination of the map marker feature). Changes to visual design, algorithm weighting, rotation logic, badge appearance, marker colors or icons, or platform aesthetics — even if different from those displayed at time of purchase — do not constitute a material reduction in value, provided your purchased tier and placement priority are maintained.

Placement Variability. Rotation, randomization, and position variability within Featured and Boosted placements are inherent, disclosed features of the service. Position variation within your purchased tier is not a service failure and is not grounds for a refund, credit, chargeback, or legal claim of any kind.

General Evidence Standards in Disputes. In any dispute arising under these Terms, Company's internal records, server logs, payment processor records, and database records are the authoritative source of truth. Customer-submitted screenshots, recordings, or documents without independently verifiable metadata or timestamps are considered supplemental evidence only and are not sufficient on their own to establish a claim or override Company records.

10. LIMITATION OF LIABILITY

Our total liability for any claim arising out of or related to these services or these Terms shall not exceed the total amount actually paid by you to us for the affected service in the twelve (12) months immediately preceding the claim. This limit applies regardless of the legal theory and to the maximum extent permitted by law.

IN NO EVENT SHALL HOTDEALSNEARBY.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST CUSTOMERS, LOST BUSINESS OPPORTUNITIES, DATA LOSS, OR LOSS OF GOODWILL, EVEN IF HOTDEALSNEARBY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE CLAIMED.

11. INDEMNIFICATION

You agree to indemnify, defend (with counsel reasonably acceptable to HotDealsNearby.com), and hold harmless HotDealsNearby LLC and its officers, managers, members, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, judgments, and reasonable attorney fees and costs arising from or related to: (a) your deal content or business information posted on the platform; (b) your business operations, products, or services; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) any claim by a consumer or third party arising from an interaction with your business, your deal, or your promotional content on HotDealsNearby.com.

12. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER; GOVERNING LAW

Governing Law

These Terms are governed by the laws of the State of Kentucky, without regard to conflict-of-laws principles.

Notice and Informal Resolution (Required Before Any Filing)

Before initiating arbitration or any permitted court proceeding, the complaining party must provide written notice to the other party describing the dispute in reasonable detail and the relief requested. The parties must then engage in good-faith efforts to resolve the dispute for at least thirty (30) days. Notices to HotDealsNearby.com must be sent to support@hotdealsnearby.com. Failure to complete this step is grounds for dismissal of any arbitration demand or court filing.

Binding Individual Arbitration

Except as stated in the Carveouts section below, any dispute, claim, or controversy arising out of or relating to the Services, these Terms, your purchase, billing, cancellations, renewals, marketing, or your relationship with HotDealsNearby.com (each, a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable rules.

If you are purchasing primarily for business/commercial purposes, the AAA Commercial Arbitration Rules apply. If applicable law requires consumer rules to apply to you, the AAA Consumer Arbitration Rules will apply. The determination of which AAA rules apply will be made by the arbitrator based on the representations made at checkout and the nature of the transaction. Your representation at checkout that you are purchasing for business purposes is binding and may not be retracted to obtain more favorable arbitration rules.

If the arbitrator declines to determine which AAA rules apply, the parties may submit this question to a court in Kenton County, Kentucky solely for that limited purpose. The court's determination shall control, after which the matter proceeds to arbitration under the applicable rules determined by the court.

Arbitration will be conducted in Kenton County, Kentucky, unless the parties agree to a remote proceeding. Arbitration proceedings and decisions are confidential.

Carveouts (Limited Court Actions Permitted)

  • Small Claims: Either party may bring an individual action in small claims court if the claim qualifies and remains there.
  • Injunctive / Equitable Relief: Either party may seek temporary or injunctive relief in a court of competent jurisdiction to prevent actual or threatened misuse of intellectual property, fraud, security abuse, or unauthorized platform access, pending arbitration.
  • Company Collections / Nonpayment: HotDealsNearby.com may bring a court action in Kenton County, Kentucky solely to collect amounts past due and obtain related equitable relief. All other Disputes remain subject to arbitration.

Class Action Waiver

YOU AND HOTDEALSNEARBY.COM AGREE THAT EACH PARTY MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT INDIVIDUAL CLAIM.

Fees and Costs

Each party bears its own attorneys' fees and costs unless the arbitrator awards otherwise. Arbitration fees are allocated per AAA rules.

Severability of This Section

If any part of this Section 12 is unenforceable, that part is severed and the remainder enforced to the fullest extent permitted by law. If the Class Action Waiver is unenforceable as to a particular Dispute, that Dispute proceeds in court only on an individual (non-class) basis.

13. ENTIRE AGREEMENT; AMENDMENTS; SEVERABILITY

These Terms constitute the entire agreement between you and the Company and supersede all prior understandings, including any statements by sales representatives, price sheets, website marketing copy, checkout page descriptions, or feature illustrations. The definitive description of each service is set forth in Section 2 of these Terms.

We may update these Terms at any time with 30 days' notice via email to your address on file. Continued use after the notice period constitutes acceptance. If you do not agree, you may cancel before your next renewal. It is your sole responsibility to maintain a valid email address to receive notices. Failure to receive notice due to an invalid or undeliverable email address does not invalidate the updated Terms or provide grounds for objection.

If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder remains in full force and effect.

Survival of Provisions

The following sections survive expiration or termination of these Terms for any reason: Section 3 (Pricing Fraud obligations), Section 7 (Content License wind-down and representations), Section 9 (Platform IP and competitive use prohibition), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Dispute Resolution), and any payment obligations accrued prior to termination.

No Waiver

No failure or delay by Company in exercising any right under these Terms constitutes a waiver of that right. No single or partial exercise of any right prevents any other or further exercise of that right or any other right.

14. FORCE MAJEURE

HotDealsNearby.com shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, DDoS attacks or cyberattacks, internet or telecommunications failures, third-party service provider outages (including Stripe, AWS, or hosting providers), power outages, or any other force majeure event. During any such event, our obligations are suspended for the duration, and we will make commercially reasonable efforts to resume service promptly.

If a force majeure event prevents delivery of paid services for more than thirty (30) consecutive days, either party may cancel affected subscriptions with written notice. Written notice of cancellation under this section must be submitted via email to support@hotdealsnearby.com and is effective upon our confirmation of receipt. Cancellation under this provision applies only to the subscription directly affected by the force majeure event and does not waive or reduce any commitment period obligations or outstanding balances for unaffected services. In that event, your sole and exclusive remedy is a prorated service credit for any prepaid service period falling after the 30-day mark. No cash refunds or damages of any kind are available for force majeure events.

Questions? Contact us at support@hotdealsnearby.com

HotDealsNearby LLC