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Square Deal Market Terms and Conditions
Notice to User
You are advised to read the following Terms and Conditions carefully. By accessing the Square Deal Market (“SDM”) website or using SDM services, you agree to be bound to the following, whether or not you are a user of the website, a guest user, or a registered SDM Member:
- The SDM Member Agreement
- The SDM Sales Agreement
- The Terms and Conditions provided herein
This website and the services provided by SDM are for Registered SDM Members (aka Members). If you do not agree with the provisions above you are not authorized to access this website or to use any services provided by SDM.
This agreement establishes a contractual relationship between
Square Deal Market, LLC [“SDM”] with its principal place of business at:
8162 Lark Brown Road
Elk Ridge, MD 21075
Phone: (800) 697-0002
And the Member
This contract may be referred to as the “Agreement.”
SDM and the SDM Member (aka “Member”) may collectively be referred to as the “Parties” or “Party” to this agreement. The term party also includes any parents, subsidiaries and affiliates, and their respective officers, directors, employees, agents and assigns.
User is defined, for purposes of this agreement, as an individual who has not yet established and been confirmed as an SDM Member. Any rights, responsibilities, limitations, or prohibitions applied to SDM Members, under the Terms and Conditions, will also apply to Users who are not SDM Members.
The Terms and Conditions found herein constitute a binding legal contract between SDM and the Member, and is in addition to any other agreements between SDM and the Member, including any Sales or Member Agreement, that govern the Member’s use of products, services, content, tools and information available on the website. If there is any contradiction between these Terms and Conditions and another agreement the Member enters into with SDM, the other agreement shall take precedence.
By accessing the SDM website the Member agrees that SDM may, from time to time, modify its Terms and Conditions and, therefore, the Member agrees to review SDM’s Terms and Conditions every time he or she accesses the SDM website. In the event SDM’s Terms and Conditions are modified, Member agrees to be bound to such Terms and Conditions. Whenever SDM posts modifications to its Terms and Conditions on this website, the Member will accept such posts as notice effective on the posting date, regardless as to whether he or she has received any prior notice or accessed the SDM website.
By accessing this website the Member agrees that he or she has the legal capacity to enter into a contract and is 18 years of age or older.
Registration Process – Username and Required Information / Transaction Method (Checkout)
An SDM Registration Form is made available on SDM’s home page. Registration is limited to individuals who fulfill eligibility requirements and arrive via an approved referral source. The SDM Registration Form includes questions regarding applicant’s personal and employment information. SDM has the right to verify all information supplied by applicant to ensure that their eligibility conforms with program requirements.
Shipping and Return Policy
Can be found in the footer section of our homepage on SquareDealMarket.com
Trademarks and Intellectual Property
The Member agrees that SDM has exclusive rights and intellectual property interests over its name, logo, acronym, and materials and any use of the documents, logo, agreements, language, or facsimile thereof, without the express written permission of SDM, is prohibited and a violation of the Terms and Conditions of this agreement.
Conditional Use of Website, Member Portal, and Sales Checkout
As part of the conditions of your use of the SDM website, the Member agrees to comply with all the Terms and Conditions of this agreement and all applicable laws and regulations in connection with his or her use of the website. When you visit the SDM website or send emails to SDM, you are communicating with SDM electronically and consent to receiving communications from SDM electronically pursuant to SDM’s E-Consent policy. SDM will communicate with you by email or by posting notices on the SDM website (or by other means outlined in the Terms and Conditions). You agree that all agreements, notices, disclosures, and other communications that SDM provides you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law.
The Member agrees not to violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of SDM’s website. In addition to all other Terms and Conditions of SDM’s website and products, the Member agrees not to register for more than one account, or register for an account on behalf of an individual other than the Member. The Member agrees not to impersonate or spoof the identity of another Member or other user of the SDM website, any employee, agent or representative of SDM or any other person, or otherwise mislead SDM as to their identity or financial status or condition, or attempt to do the same.
The Member agrees not to attempt or perpetrate an unauthorized incursion into the SDM website, including through hacking, password theft or any other means. Such unauthorized incursion, includes but is not limited to: Use SDM’s website or its documents or other accessible materials in any manner that could damage, disable, overburden or impair the SDM website or any SDM server or the network(s) connected to any SDM server or the availability or accessibility thereof, or that might interfere with any other person's access to or use or enjoyment of the SDM website or its documents or other materials contained therein.
As a condition on the continued use of the SDM website, the Member agrees that he or she shall not use, save, embed, transmit or send (whether on, to or through the Website), directly or indirectly, any material or file containing, or linked to, any virus, worm or any other computer, software or technological component, code, routine, script, malware, spyware, files, keystroke logger, Trojan horse, rootkit, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.
Unless specifically authorized in writing by SDM, the Member shall not post any content of a promotional nature to the SDM website. SDM reserves the right, without any limitation, to remove, delete, and destroy any documents, data, materials, or posts that are transmitted to SDM by the Member.
By accessing the Member portal through the SDM Website or using the Sales Checkout service found on the SDM website, you acknowledge that you are an authorized Member and you will only use the services found on the SDM website consistent with its intended use and not for any unauthorized or illegal purpose.
The User of the SDM website, or SDM Member, agrees that the sum total of any liability assessed against SDM cannot be greater than the total cost of merchandise paid for by the Member with respect to an individual purchase or purchases. The parties to this agreement agree that SDM is not liable for any special, incidental, or consequential damages, notwithstanding the limitations set forth in this clause.
The User of the SDM website, or SDM Member, agrees that SDM does not warrant or guarantee, in any way, the accuracy or completeness or availability of the content found on its website or elsewhere. The User of the SDM Website, or SDM Member, agrees that SDM shall not be liable, in any way, for errors, omissions, misleading statements, or any failure in technology. No action taken by SDM shall be construed to create any warranty or guarantee, without the express written consent of SDM.
Unless otherwise provided by SDM, SDM is not responsible, and will be held harmless, for any failure of a product to be fit for a particular purpose or be free from product defects, to the extent permitted by law.
The User of the SDM Website, or SDM Member, agrees that cookies may be used in order to enhance the user experience on the SDM website. By using the SDM website you acknowledge that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, notwithstanding SDM’s efforts to protect such transmissions. Further, SDM is not responsible for the privacy practices employed by other sites that may be linked to the SDM website.
Limitations on Liability against Corporate/Limited liability Agents and Personnel
The Member agrees that he or she will not bring any action or claim against SDM’s officers, principals, employees, agents, brokers, parents, affiliates, shareholders, LLC Members or member managers, successors, or assigns with respect to any losses, expense, or damage suffered with respect to the use of the SDM website or any document or instrument related, directly or indirectly, to SDM or one of its agents. The provision shall not be construed to limit, in any way, any warranty (implied or otherwise) by law, which may include exceptions under law for death, personal injury, or fraud.
Pricing and Substitution
SDM may substitute products when necessary and will may make changes to the product description without prior notice to the Member. Any errors in the pricing of the product will be corrected by SDM at the time of sale of the product to the Member. If the Member is not satisfied with the purchase he or she may return the product in accordance with the terms and conditions provided in the Sales Agreement, which contains limitations on returns concerning the product’s condition and costs associated with shipping and handling.
Disclaimer of Warranties and Limitations
SDM disclaims all warranties of any kind relating to the website or any of its products or services, whether express or implied, statutory or otherwise, including but not limited to any warranty of merchantability, non-infringement, and fitness for a particular purpose unless prohibited by law. The disclaimer provided herein does not apply to any product warranties offered by a manufacturer of a purchased item through SDM.
If any part of this disclaimer of warranties or limitation of liability is found to be invalid or unenforceable for any reason, then notwithstanding any other provision in the Terms and Conditions, the aggregate liability of SDM or its officers, principals, employees, agents, brokers, parents, affiliates, shareholders, LLC Members or member managers, successors, or assigns under such circumstances for liabilities that otherwise would have been limited shall NOT exceed two hundred and fifty dollars ($250).
Form of Communication
The Member agrees that the primary form of communication between SDM and the Member is through the SDM website or Member’s email account and, therefore, is electronic. By continuing to access the SDM website and using SDM services the Member consents to receive information, including solicitations and notices, through electronic means, such as the SDM website and the Member’s registered email account with SDM. The Member agrees that all terms and conditions, agreements, notices, disclosures and other communications that SDM provides electronically satisfies any legal or contractual requirement that such communications would satisfy if they were in writing. SDM agrees to use reasonable efforts to honor any request the Member may have to “opt out” from receiving emails. Member agrees that his or her sole remedy in connection with any email sent by SDM is to stop using the SDM website and services, and by invoking the “opt out” provision, as explained in the Electronic Communication Agreement, which outlines the requirement to contact SDM customer service.
Consent for Telephonic and Electronic Communication – Business Purpose Communications
In conjunction with the terms specified in the Electronic Communication Agreement found on the SDM website, by continuing to access the SDM website and using SDM services the person using the SDM website or SDM Member consents to receive account-related information, through email, text messaging, telephonic contact and messaging, and other forms of electronic communications, for the purpose including but not limited to: Account verification, updates to the Terms and Conditions, SDM product availability, notices, balance due, collections, order status, and order substitution information. In order to continue using SDM services and as a condition of membership in SDM, the SDM Member may not Opt Out of Business Purpose Communications. Continued use of the SDM website, portal, and member services is your acknowledgement and approval of these conditions. The SDM Member agrees that such contact may be through an authorized third party and may be in the form of the communications outlined above and/or automating dialing equipment and/or robo calls and/or email or SMS text blasts. The Member agrees that SDM may use the methods described herein notwithstanding the fact that such methods of contact may cause the Member to incur use charges with their carrier. The Member understands that he or she is required to consent to these terms as a condition for purchasing property, goods, or services offered by SDM.
Member consents to SDM sharing his or her contact information with third parties for the limited purpose of transacting sales, purchases, returns, and collections on delinquent accounts related to Member’s use of the SDM services and the SDM website.
As provided for in the Electronic Communications Agreement found on the SDM website, once a user of the SDM website becomes a SDM Member he or she may be contacted for Marketing Communications by SDM or its affiliated or approved Third parties, unless the Member “Opts Out” by contacting SDM’s customer service office.
Federal Truth in Lending Disclosure (Truth in Lending Act)
This section is intended to be compliant with the Truth in Lending Act and applicable regulations. The type of credit extended under the terms and conditions of this agreement and the Sales Agreement, separately executed by the Member, is intended to be a Closed-End Credit agreement as that term is used in Regulation Z (found in 12 CFR 1026). The Member is put on notice and agrees that all products purchased from SDM do not contain any added fees or interest charges to the cost of the goods sold. The Member will not pay more than the price reflected at the time of checkout, unless the Member misses required payments under the terms of the Sales Agreement, which is separately executed. Any fee for any unanticipated late payments will be specifically noted in the Sales Agreement and not considered as interest in accordance with federal law. A Member Sales Agreement will reflect:
- ANNUAL PERCENTAGE RATE (The cost of your credit as a yearly rate)
- FINANCE CHARGE (The dollar amount the credit will cost you as a yearly rate)
- AMOUNT FINANCED (The amount of credit provided to you on your behalf)
This amount will be found in your (the Member’s) Sales Agreement
- TOTAL OF PAYMENTS (The amount you will have paid after repayment is complete)
The total amount of your (the Member’s) purchase as reflected in the Sales Agreement. In cases where the Member’s employer limits payroll deductions to whole dollar amounts, your total amount of payments may be slightly more than the amount shown.
- NUMBER OF PAYMENTS
The number of payments you have selected, as found in your Sales Agreement (e.g., 2, 4, 6, 8 or 10)
- AMOUNT OF PAYMENTS
(The total dollar amount of your order) / (The number of payments you selected)
- FREQUENCY OF PAYMENTS
Depending on whether you have a lump sum payment using a pre-authorized check, credit card; or payroll allotments through weekly, bi-weekly, semi-monthly, or monthly withdrawals based on your pay-cycle, payments will commence on your next scheduled draw or pay date or shortly thereafter.
- OTHER PROVISIONS
There is no credit life or disability insurance offered as part of this transaction. You are not giving a security interest in the goods being sold to you. There is no prepayment penalty and, therefore, no credit returned to you in consideration of prepaying the amount owed under the Sales Agreement.
Standing Between the Parties
Nothing in this agreement shall be construed to create an employer/employee relationship between the parties. Neither party may authorize, obligate, or contract on behalf of the other party. Each party to this agreement will be solely responsible for complying with any applicable federal, state, or local laws, including but not limited to the payment of any taxes.
Conflicts of Law
The parties agree to waive any conflicts of law and recognize that the agreement shall be governed by, and construed under, the laws of the State of Maryland, Howard County. Both parties consent to the jurisdiction and venue in the state and federal courts of the State of Maryland.
The parties agree, with the exception of injunctive relief, that any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association of Maryland in accordance with its Commercial Arbitration Rules construing the laws of the State of Maryland (see Conflict of Law Clause in this agreement), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that any arbitration under this clause shall be before a single arbitrator who shall also have the authority to award reasonable attorneys’ fees to the prevailing party.
Class Action Waiver
Member agrees not to bring, participate, or represent parties involving any dispute against SDM, or under the terms and conditions of this agreement, which will be brought before or arbitrated as a CLASS ACTION (including, without any limitation opting in or out of class actions). Member agrees not to bring any action or be a party to any actions against SDM, or under the terms of this agreement, as a private attorney general or other representative. Member agrees that all disputes against SDM, and pursuant to this agreement, shall be resolved, without regard to other available remedies, on an individual basis.
Each party to this agreement acknowledges that they have certain regulatory and contractual responsibilities. The failure of one party to this agreement to follow any applicable law, regulation, obligation, or mandate will not be imputed to the other party to this agreement. The party that fails to follow any applicable law, regulation, obligation, or mandate will indemnify and hold harmless the other party against any and all losses, obligations, costs, liabilities, damages, actions, suits, causes of action, claims, demands, settlements, judgments, or any other expenses, including but not limited to reasonable attorneys’ fees and costs, to the extent arising out of or resulting from the indemnifying party’s negligence or wrongful acts.
If a court of competent jurisdiction or any arbitrator finds any provision of this agreement to be invalid or unenforceable for any reason, the parties will reform that provision to the extent necessary to enforce it and preserve the parties’ original intent, failing which, it will be severed from this agreement with the balance of the agreement continuing in full force and effect.
Scope of Agreement
This agreement constitutes the entire agreement between the parties and neither party has relied on any oral representations in executing this agreement. Any amendments or alterations to this agreement must be dated, in writing, and signed by the parties.
Unless specifically agreed upon by the parties in writing, Member cannot assign, transfer, or subcontract any obligation under this agreement.
The failure of either party to this agreement to assert any right afforded under this agreement, or take any action to assert any rights under this agreement, shall not constitute a waiver of any such right, unless consented to by the party in writing.
Unless otherwise provided for in this agreement (see Membership Agreement and Form of Communication) all notices required under this agreement shall be sent by registered mail, return receipt requested, or by a nationally recognized carrier, such as FEDEX or the United Postal Service.
IN WITNESS WHEREOF, the parties have executed this Agreement as of your enrollment date and by checking the box that you understand accept and agree to these terms.
Square Deal Market Electronic Communication Agreement
SDM Member Receipt of Electronic Communications
SDM Member agrees that by signing up to become an SDM Member, and continuing to use the SDM portal as an SDM Member, he or she agrees to the Terms and Conditions found on the SDM website. The Terms and Conditions provide, in part, the SDM Member agrees to receive all communications through electronic means. You are advised to read the Terms and Conditions carefully.
Purpose of Electronic Communications
The Member agrees that the primary form of communication between SDM and the Member is through the SDM website or Member’s email account and, therefore, is electronic.
Business Purpose Communications
By continuing to access the SDM website and using SDM services the Member consents to receive account-related information, through email, text messaging, telephonic contact and messaging, and other forms of electronic communications, for the purpose including but not limited to: Account verification, updates to the Terms and Conditions, SDM product availability, notices, balance due, collections, order status, and order substitution information. In order to continue using SDM services and as a condition of membership, the SDM Member may not Opt Out of Business Purpose Communications. Continued use of the SDM website, portal, and member services is your acknowledgement and approval of these conditions.
Third Party Contact
Member agrees that Business Purpose Communications may be through an authorized third party and may be in the form of automating dialing equipment and/or robo calls and/or email or SMS text blasts. The Member agrees that SDM may use the methods described herein notwithstanding the fact that such methods of contact may cause the Member to incur use charges with their carrier. Member consents to SDM sharing his or her contact information with third parties for the purposes of transacting sales, purchases, returns, and collections on delinquent accounts related to Member’s use of the SDM services and website.
Marketing Communications (Opt In)
From time to time SDM and its agents may provide flash sales, specials, one of a kind merchandise, auctions, and other unique promotions. As an SDM Member you have the opportunity to participate in SDM promotions by permitting SDM to send electronic communications, including email, text messaging, telephonic contact and messaging, and other forms of electronic communications. Unless you Opt Out, you agree to continue to receive SDM promotions as long as you remain an SDM Member.
By continuing to access the SDM website and using SDM services the Member consents to receive promotion information.
At any time following the Member’s agreement to Opt In to Marketing Communications, he or she may Opt Out of the SDM promotions by contacting SDM at email@example.com and enter the term “OPT OUT” on the subject line of the email. Once the Member opts out the Member will no longer be contacted through the electronic means identified for any Marketing Communication by SDM, but may be contacted for business purposes, as provided for in this Communication Agreement and Terms and Conditions.