The Services act as a system or venue to introduce you to sellers of goods and services. Company uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of promotional offers not controlled by Company and, as such, these offers may change without the knowledge of Company. Company does not control (i) the quality, safety or legality of items available through or on its merchants' Web sites or sites of third parties not in privity of contract with Company, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), (iii) the availability or technical capabilities of their websites or links to those websites, or (iv) the availability or terms of promotions offered by those third parties. Company is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Company does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Company is not involved in any transactions between you and any of its merchants or advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by merchants or advertisers. If you have a dispute with one or more merchants or advertisers, you agree to release and hereby release Company (and Company's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you waive California Civil Code section 1542, which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Only Personal Use is Authorized
Under this Agreement, Company gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own website any portion of the Services or display through your own website any results pages or other information from the Services without Company's express permission.
Your right to access the Services is subject to any limits established by Company. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Company, if any, or authorized in advance and in writing by Company (for example, Company approved third party tools and services). The Company websites may contain robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Company).
The technology underlying, and content within, the Services is owned by Company and/or its licensors (including Company's merchants, advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Company, Company owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. Company DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Company's Potential Liability for the Services is Limited
NEITHER Company NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. Company WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Company, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Defamation, Copyright and Trademark Claims
Company is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.
Further, Company is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Company has designated an agent to receive notifications of alleged copyright infringement on the Services. For such purposes, please contact here.
In notifying Company of alleged copyright infringement, you must include the following information: (a) A description of the copyrighted work that is the subject of claimed infringement; (b) A description of the infringing material and information sufficient to permit Company to locate the alleged material; (c) Contact information for you, including your address, telephone number and/or e-mail address; (d) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (e) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf
Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
Company does not arbitrate or resolve trademark disputes among Company's merchants and advertisers or between those merchants and advertisers and third parties. However, Company will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. Company occasionally receives requests to remove listings from within the Services. Company reserves the right to address such requests on a case-by-case basis.
Privacy and Data Collection
Control over Features, Functions, and Access to the Services
Company reserves the right to change any information, features and functions of the Services without prior notice. Company may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Company determines, in its sole discretion, violate this Agreement, the rights of Company or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Company's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Company may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, as necessary to protect the rights or property of you or Company.
You may direct any questions concerning "Contact As".
Company may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Company..