Effective Date: December 8, 2016
Terms and Conditions
PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION 11, BELOW.
“Company,” “we,” “us” and “our” mean the operator of this Website, as well as its affiliates. “You” means the person or persons who visit, utilize and/or submit information on this Website.
The Website is intended for users who are at least eighteen (18) years of age and located in the United States of America and the Terms and Conditions shall be interpreted under the laws of the United States. By submitting information on/via the Website, you explicitly accept, without limitation or qualification, the terms set-forth in these Terms and Conditions. Please read these Terms and Conditions carefully as it affects your rights and liabilities under the law. If you do not agree to our practices, disclosures, terms and policies, please do not provide any information of interact in any manner whatsoever with the Website or service, for any purpose.
YOUR USE OF THIS WEBSITE, AND THE SERVICES AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE, CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.
1. Material Disclosures.
We are an advertising service. We do not charge you any fee. Unless otherwise stated, we are not affiliated with, or endorsed by, any third-parties, such as advertisers, product/service providers, marketers and/or intermediary entities (including, lead aggregators and vendors to such businesses) (collectively, including intermediary entities, “third-parties”).
We possess a direct and/or indirect material financial connection to third-parties (e.g., advertisers), in that we are compensated for each click made upon a sponsored advertisement, the amount of which may vary depending upon the type of device that you are using. Unless otherwise stated herein and with the exception of the specific product/service you are interested in, sponsored advertisement results presented and third-parties are not under our control. We are not responsible for the actions of any third-parties.
Upon selecting options and preferences related to the specific product/service you are interested in, you will be presented with a list of “Related Links,” followed by third-party content in the form of a list of sponsored advertisement results from around the Internet. Upon selecting a sponsored advertisement link, you will be leaving the website of the operator and/or one of its affiliated entities, and interacting with a third-party.
With the exception of the specific product/service you are interested in, we have no control over the order and/or relevance of sponsored advertisement results, and/or ultimate webpages displayed. As such, advertisement results that you may be presented with are selected by an algorithmic process, not the operator of this website, and will vary, depending upon various factors, including options, preferences, device type, language settings, geographical location and “Related Link” selected. Advertisements displayed to you may depend upon the type of device that you are using. We cannot guarantee that the advertisements that you may be presented with on third-party websites are suitable for your purposes. You are not obligated to use our advertising service or initiate contact with third-parties. You are not required to enter any information on and/or otherwise utilize our website, and can achieve the same/similar search results by conducting your own Internet search for your desired product or service. Please contact third-parties directly with any questions regarding their products/services.
Void where prohibited. Exclusions, limitation and conditions may apply. We expressly disclaim liability for, without limitation, any third-party product or service. If you opt-in to receive communications from third-parties and do not wish to receive further communications from third-parties, you have a right to opt-out with such third-parties.
2. Marketing Disclosure and Third-Party Links.
Unless otherwise set in these Terms and Conditions, this is an independent Website and is not affiliated with any third-parties. As set forth herein above, we may possess a direct and/or indirect material financial connection to various third-parties (e.g., advertisers) in that we are compensated for each click made upon a sponsored advertisement.
All trademarks, service marks, logos and/or domain names displayed are registered and/or unregistered marks of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website.
Upon clicking upon a sponsored advertisement, as set forth herein above, you may be redirected to the website of a third-party owned and operated website. We are not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one or more third-party websites. In these instances, you may be required to provide certain information, including, but not limited to, credit card number, in order to register or complete a transaction at such website(s). These third-party websites have separate privacy and data collection practices and we have no responsibility or liability relating to them. You should always review third-party terms and conditions and privacy policies as they may differ significantly from our own. Please contact the third-party provider directly with any questions regarding their services/products.
Company is not responsible for third-party promotional communications sent to you
3. User Representations and Warranties.
These Terms and Conditions may be updated by us from time-to-time without notice to you. Continued use of the Website after posting the changes or modifications constitutes an acceptance by you of the changes or modifications. It is your responsibility to review the Terms and Conditions for changes, periodically.
5. Prohibited User Conduct.
In addition to user restrictions set forth elsewhere herein, you are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the service, the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the service, Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; using automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; reselling, assigning, sublicensing, otherwise transferring, or delegating your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; modifying, publishing, transmitting, transferring or selling, reproducing, creating derivative works from, distributing, displaying or in any way exploiting any Website content; or excepting as otherwise expressly permitted on the Website, using any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
The content on the Website, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you “AS-IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent. We reserve all rights not expressly granted in and to the Website and the content. You understand that when using the Website, you may be exposed to third-party content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to same. You further understand and acknowledge that you may be exposed to third-party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
6. Intellectual Property Rights.
The Website contains intellectual property owned by Company and other parties. As between Company and you, we are the sole owner of the Website and all content and materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.
You are provided a revocable, limited, non-exclusive and non-transferable license to use the Website conditioned on your continued compliance with these Terms and Conditions. Except as otherwise specifically provided herein, you may not download or save a copy of the Website content or any portion thereof, for any purpose. However, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company (and from all other entities with an interest in the relevant intellectual property). Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
7. Disclaimer of Warranties.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Website or Website content.
THIS WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS/ARE PROVIDED “AS IS”’ AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SERVICES, WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE SERVICES, WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE SERVICES, WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
8. Disclaimer of Warranties.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, SERVICES OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES, WEBSITE OR THE WEBSITE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnity and Release.
You agree to defend, indemnify and hold Company, our parents, subsidiaries, partners, agents, affiliates, representatives, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Website, services and or content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR SERVICES.
11. Disputes Resolution, Mandatory Arbitration and Class Action Waiver.
YOU AND WE AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION as follows:
For claims of $10,000 or less, the party bringing the claim can choose the AAA’s rules for binding arbitration or, alternatively, can bring an individual action in small claims court.
YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. This means that you may not be a representative or member of any class of claimants in court or in arbitration with respect to any claim. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.
If for some reason the prohibition on class arbitrations set forth herein above cannot be enforced, then the agreement to arbitrate will not apply.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL.
YOU ACKNOWLEDGE AND AGREE THAT YOU EXPRESSLY ASSENT TO THE TERMS HEREOF.
12. Waiver and Severability of Terms.
The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 these Terms and Conditions remain in full force and effect.
13. No Agency Relationship.
There is no relationship of partnership, agency, employment, franchise, or joint venture between the parties.
14. Entire Agreement.
15. Statute of Limitations.
16. Your Privacy Rights.
17. Customer Support.
We welcome all support inquiries.
If you have a complaint with the services provided via the Website, or wish to request further information, please contact us, as set forth herein above.
18. Electronic Signature.
You acknowledge and agree that by clicking on the button labeled “Agree,” “Finish,” “Submit,” or such similar links as may be designated by Company to accept these Terms and Conditions, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that its electronic submission constitutes its agreement and intent to be bound by this agreement and all terms contained therein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY US. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.