These Terms of Use constitute a legally binding agreement made between you, whether personally oron behalf of an entity (“you”) and Technology Holdings USA LLC (“Company”, “we”, “us”, or “our”), concerningyour access to and use of the https://dealwiki.net website as well as any other media form, mediachannel, mobile website or mobile application related, linked, or otherwise connected thereto(collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed tobe bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OFUSE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUSTDISCONTINUE USE IMMEDIATELY.Supplemental terms and conditions or documents that may be posted on the Site from time to time arehereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to makechanges or modifications to these Terms of Use at any time and for any reason. We will alert you aboutany changes by updating the “Last updated” date of these Terms of Use, and you waive any right toreceive specific notice of each such change. It is your responsibility to periodically review these Termsof Use to stay informed of updates. You will be subject to, and will be deemed to have been madeaware of and to have accepted, the changes in any revised Terms of Use by your continued use of theSite after the date such revised Terms of Use are posted.The information provided on the Site is not intended for distribution to or use by any person or entity inany jurisdiction or country where such distribution or use would be contrary to law or regulation or whichwould subject us to any registration requirement within such jurisdiction or country. Accordingly, thosepersons who choose to access the Site from other locations do so on their own initiative and are solelyresponsible for compliance with local laws, if and to the extent local laws are applicable.The Site is intended for users who are at least 18 years old. Persons under the age of 18 are notpermitted to use or register for the Site.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademarklaws and various other intellectual property rights and unfair competition laws of the United States,foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site“AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use,no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished,uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, orotherwise exploited for any commercial purpose whatsoever, without our express prior writtenpermission.Provided that you are eligible to use the Site, you are granted a limited license to access and use theSite and to download or print a copy of any portion of the Content to which you have properly gainedaccess solely for your personal, non-commercial use. We reserve all rights not expressly granted to youin and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true,accurate, current, and complete; (2) you will maintain the accuracy of such information and promptlyupdate such registration information as necessary; (3) you have the legal capacity and you agree tocomply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) youwill not access the Site through automated or non-human means, whether through a bot, script, orotherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of theSite will not violate any applicable law or regulation.If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right tosuspend or terminate your account and refuse any and all current or future use of the Site (or anyportion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will beresponsible for all use of your account and password. We reserve the right to remove, reclaim, orchange a username you select if we determine, in our sole discretion, that such username isinappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Siteavailable. The Site may not be used in connection with any commercial endeavors except those that arespecifically endorsed or approved by us.As a user of the Site, you agree not to:1. Systematically retrieve data or other content from the Site to create or compile, directly orindirectly, a collection, compilation, database, or directory without written permission from us.2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses ofusers by electronic or other means for the purpose of sending unsolicited email, or creating useraccounts by automated means or under false pretenses.3. Use the Site to advertise or offer to sell goods and services.4. Circumvent, disable, or otherwise interfere with security-related features of the Site, includingfeatures that prevent or restrict the use or copying of any Content or enforce limitations on the use ofthe Site and/or the Content contained therein.5. Engage in unauthorized framing of or linking to the Site.6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive accountinformation such as user passwords.7. Make improper use of our support services or submit false reports of abuse or misconduct.8. Engage in any automated use of the system, such as using scripts to send comments ormessages, or using any data mining, robots, or similar data gathering and extraction tools.9. Interfere with, disrupt, or create an undue burden on the Site or the networks or servicesconnected to the Site.10. Attempt to impersonate another user or person or use the username of another user.11. Sell or otherwise transfer your profile.12. Use any information obtained from the Site in order to harass, abuse, or harm another person.13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or theContent for any revenue-generating endeavor or commercial enterprise.14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in anyway making up a part of the Site.15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, orany portion of the Site.16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing anyportion of the Site to you.17. Delete the copyright or other proprietary rights notice from any Content.18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, orother code.19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,including excessive use of capital letters and spamming (continuous posting of repetitive text), thatinterferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenance of the Site.20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive oractive information collection or transmission mechanism, including without limitation, clear graphicsinterchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimesreferred to as “spyware” or “passive collection mechanisms” or “pcms”).21. Except as may be the result of standard search engine or Internet browser usage, use, launch,develop, or distribute any automated system, including without limitation, any spider, robot, cheatutility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized scriptor other software.22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.23. Use the Site in a manner inconsistent with any applicable laws or regulations.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums,and other functionality, and may provide you with the opportunity to create, submit, post, display,transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, includingbut not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively, “Contributions”). Contributions may be viewable byother users of the Site and through third-party websites. As such, any Contributions you transmit maybe treated as non-confidential and non-proprietary. When you create or make available anyContributions, you thereby represent and warrant that:1. The creation, distribution, transmission, public display, or performance, and the accessing,downloading, or copying of your Contributions do not and will not infringe the proprietary rights,including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any thirdparty.2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, andpermissions to use and to authorize us, the Site, and other users of the Site to use yourContributions in any manner contemplated by the Site and these Terms of Use.3. You have the written consent, release, and/or permission of each and every identifiable individualperson in your Contributions to use the name or likeness of each and every such identifiableindividual person to enable inclusion and use of your Contributions in any manner contemplated bythe Site and these Terms of Use.4. Your Contributions are not false, inaccurate, or misleading.5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramidschemes, chain letters, spam, mass mailings, or other forms of solicitation.6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,slanderous, or otherwise objectionable (as determined by us).7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage,or threaten physical harm against another.9. Your Contributions do not violate any applicable law, regulation, or rule.10. Your Contributions do not violate the privacy or publicity rights of any third party.11. Your Contributions do not contain any material that solicits personal information from anyoneunder the age of 18 or exploits people under the age of 18 in a sexual or violent manner.12. Your Contributions do not violate any federal or state law concerning child pornography, orotherwise intended to protect the health or well-being of minors;13. Your Contributions do not include any offensive comments that are connected to race, nationalorigin, gender, sexual preference, or physical handicap.14. Your Contributions do not otherwise violate, or link to material that violates, any provision ofthese Terms of Use, or any applicable law or regulation.Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, amongother things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site bylinking your account from the Site to any of your social networking accounts, you automatically grant,and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licenseto host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), anddistribute such Contributions (including, without limitation, your image and voice) for any purpose,commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into otherworks, such Contributions, and grant and authorize sublicenses of the foregoing. The use anddistribution may occur in any media formats and through any media channels.This license will apply to any form, media, or technology now known or hereafter developed, andincludes our use of your name, company name, and franchise name, as applicable, and any of thetrademarks, service marks, trade names, logos, and personal and commercial images you provide. Youwaive all moral rights in your Contributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.We do not assert any ownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in your Contributions provided byyou in any area on the Site. You are solely responsible for your Contributions to the Site and youexpressly agree to exonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in more appropriate locations on theSite; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you mustcomply with the following criteria: (1) you should have firsthand experience with the person/entity beingreviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hatelanguage; (3) your reviews should not contain discriminatory references based on religion, race, gender,national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not containreferences to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews;(6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false ormisleading statements; and (8) you may not organize a campaign encouraging others to post reviews,whether positive or negative.We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation toscreen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any ofour affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify,translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.SOCIAL MEDIAAs part of the functionality of the Site, you may link your account with online accounts you have withthird-party service providers (each such account, a “Third-Party Account”) by either: (1) providing yourThird-Party Account login information through the Site; or (2) allowing us to access your Third-PartyAccount, as is permitted under the applicable terms and conditions that govern your use of each ThirdParty Account. You represent and warrant that you are entitled to disclose your Third-Party Accountlogin information to us and/or grant us access to your Third-Party Account, without breach by you of anyof the terms and conditions that govern your use of the applicable Third-Party Account, and withoutobligating us to pay any fees or making us subject to any usage limitations imposed by the third-partyservice provider of the Third-Party Account. By granting us access to any Third-Party Accounts, youunderstand that (1) we may access, make available, and store (if applicable) any content that you haveprovided to and stored in your Third-Party Account (the “Social Network Content”) so that it is availableon and through the Site via your account, including without limitation any friend lists and (2) we maysubmit to and receive from your Third-Party Account additional information to the extent you are notifiedwhen you link your account with the Third-Party Account. Depending on the Third-Party Accounts youchoose and subject to the privacy settings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party Accounts may be available on and through youraccount on the Site. Please note that if a Third-Party Account or associated service becomesunavailable or our access to such Third Party Account is terminated by the third-party service provider,then Social Network Content may no longer be available on and through the Site. You will have theability to disable the connection between your account on the Site and your Third-Party Accounts at anytime. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERSASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to reviewany Social Network Content for any purpose, including but not limited to, for accuracy, legality, or noninfringement, and we are not responsible for any Social Network Content. You acknowledge and agreethat we may access your email address book associated with a Third-Party Account and your contactslist stored on your mobile device or tablet computer solely for purposes of identifying and informing youof those contacts who have also registered to use the Site. You can deactivate the connection betweenthe Site and your Third-Party Account by contacting us using the contact information below or throughyour account settings (if applicable). We will attempt to delete any information stored on our servers thatwas obtained through such Third-Party Account, except the username and profile picture that becomeassociated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site (“Submissions”) provided by you to us are non-confidential and shallbecome our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose,commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moralrights to any such Submissions, and you hereby warrant that any such Submissions are original withyou or that you have the right to submit such Submissions. You agree there shall be no recourseagainst us for any alleged or actual infringement or misappropriation of any proprietary right in yourSubmissions.
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”)as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,applications, software, and other content or items belonging to or originating from third parties (“ThirdParty Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, orchecked for accuracy, appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Site or any Third-Party Content posted on, availablethrough, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability,privacy practices, or other policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or anyThird-Party Content does not imply approval or endorsement thereof by us. If you decide to leave theSite and access the Third-Party Websites or to use or install any Third-Party Content, you do so at yourown risk, and you should be aware these Terms of Use no longer govern. You should review theapplicable terms and policies, including privacy and data gathering practices, of any website to whichyou navigate from the Site or relating to any applications you use or install from the Site. Any purchasesyou make through Third-Party Websites will be through other websites and from other companies, andwe take no responsibility whatsoever in relation to such purchases which are exclusively between youand the applicable third party. You agree and acknowledge that we do not endorse the products orservices offered on Third-Party Websites and you shall hold us harmless from any harm caused by yourpurchase of such products or services. Additionally, you shall hold us harmless from any lossessustained by you or harm caused to you relating to or resulting in any way from any Third-Party Contentor any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site,such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take fullresponsibility for any advertisements you place on the Site and any services provided on the Site orproducts sold through those advertisements. Further, as an advertiser, you warrant and represent thatyou possess all rights and authority to place advertisements on the Site, including, but not limited to,intellectual property rights, publicity rights, and contractual rights. We simply provide the space to placesuch advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use;(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or theseTerms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in oursole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) in our solediscretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all filesand content that are excessive in size or are in any way burdensome to our systems; and (5) otherwisemanage the Site in a manner designed to protect our rights and property and to facilitate the properfunctioning of the Site.
We care about data privacy and security. Please review our Privacy Policy: style.com/privacy. Byusing the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms ofUse. Please be advised the Site is hosted in the United States. If you access the Site from theEuropean Union, Asia, or any other region of the world with laws or other requirements governingpersonal data collection, use, or disclosure that differ from applicable laws in the United States, thenthrough your continued use of the Site, you are transferring your data to the United States, and youexpressly consent to have your data transferred to and processed in the United States. Further, we donot knowingly accept, request, or solicit information from children or knowingly market to children.Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actualknowledge that anyone under the age of 13 has provided personal information to us without therequisite and verifiable parental consent, we will delete that information from the Site as quickly as isreasonably practical.
We respect the intellectual property rights of others. If you believe that any material available on orthrough the Site infringes upon any copyright you own or control, please immediately notify us using thecontact information provided below (a “Notification”). A copy of your Notification will be sent to theperson who posted or stored the material addressed in the Notification. Please be advised that pursuantto federal law you may be held liable for damages if you make material misrepresentations in aNotification. Thus, if you are not sure that material located on or linked to by the Site infringes yourcopyright, you should consider first contacting an attorney.
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITINGANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OURSOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THESITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASONOR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OFANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATIONIN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOUPOSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.If we terminate or suspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name of any third party,even if you may be acting on behalf of the third party. In addition to terminating or suspending youraccount, we reserve the right to take appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reasonat our sole discretion without notice. However, we have no obligation to update any information on ourSite. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.We will not be liable to you or any third party for any modification, price change, suspension, ordiscontinuance of the Site.We cannot guarantee the Site will be available at all times. We may experience hardware, software, orother problems or need to perform maintenance related to the Site, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify theSite at any time or for any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access or use the Site during anydowntime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate usto maintain and support the Site or to supply any corrections, updates, or releases in connectiontherewith.
These Terms of Use and your use of the Site are governed by and construed in accordance with thelaws of the State of New Jersey applicable to agreements made and to be entirely performed within theState of New Jersey, without regard to its conflict of law principles.
Informal NegotiationsTo expedite resolution and control the cost of any dispute, controversy, or claim related to these Termsof Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a“Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (exceptthose Disputes expressly provided below) informally for at least one hundred twenty (120) days beforeinitiating arbitration. Such informal negotiations commence upon written notice from one Party to theother Party.
Binding ArbitrationIf the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except thoseDisputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOUUNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE INCOURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under theCommercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate,the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both ofwhich are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitratorcompensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by theAAA Consumer Rules. The arbitration may be conducted in person, through the submission ofdocuments, by phone, or online. The arbitrator will make a decision in writing, but need not provide astatement of reasons unless requested by either Party. The arbitrator must follow applicable law, andany award may be challenged if the arbitrator fails to do so. Except where otherwise required by theapplicable AAA rules or applicable law, the arbitration will take place in United States County, NewJersey. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stayproceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award enteredby the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commencedor prosecuted in the state and federal courts located in United States County, New Jersey, and theParties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum nonconveniens with respect to venue and jurisdiction in such state and federal courts. Application of theUnited Nations Convention on Contracts for the International Sale of Goods and the the UniformComputer Information Transaction Act (UCITA) are excluded from these Terms of Use.In no event shall any Dispute brought by either Party related in any way to the Site be commencedmore than one (1) years after the cause of action arose. If this provision is found to be illegal orunenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of thisprovision found to be illegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit tothe personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. Tothe full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there isno right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class actionprocedures; and (c) there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.Exceptions to Informal Negotiations and ArbitrationThe Parties agree that the following Disputes are not subject to the above provisions concerninginformal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable andsuch Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions,including descriptions, pricing, availability, and various other information. We reserve the right to correctany errors, inaccuracies, or omissions and to change or update the information on the Site at any time,without prior notice.
DISCLAIMERTHE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USEOF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENTPERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTIONWITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACYOR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKEDTO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TOAND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROMTHE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BYA THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILLNOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONBETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITHTHE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER ANDREGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSEROF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1,000.00 USD. CERTAIN STATE LAWS DONOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
INDEMNIFICATIONYou agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all ofour respective officers, agents, partners, and employees, from and against any loss, damage, liability,claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to orarising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) anybreach of your representations and warranties set forth in these Terms of Use; (5) your violation of therights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful acttoward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing,we reserve the right, at your expense, to assume the exclusive defense and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at your expense, with our defenseof such claims. We will use reasonable efforts to notify you of any such claim, action, or proceedingwhich is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performanceof the Site, as well as data relating to your use of the Site. Although we perform regular routine backupsof data, you are solely responsible for all data that you transmit or that relates to any activity you haveundertaken using the Site. You agree that we shall have no liability to you for any loss or corruption ofany such data, and you hereby waive any right of action against us arising from any such loss orcorruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications.You consent to receive electronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, via email and on the Site,satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATEDOR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an originalsignature or delivery or retention of non-electronic records, or to payments or the granting of credits byany means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit ofthe Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or(916) 445-1254.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to theSite constitute the entire agreement and understanding between you and us. Our failure to exercise orenforce any right or provision of these Terms of Use shall not operate as a waiver of such right orprovision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or allof our rights and obligations to others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision orpart of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Terms of Use and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture, partnership,employment or agency relationship created between you and us as a result of these Terms of Use oruse of the Site. You agree that these Terms of Use will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on the electronic form ofthese Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the
Site, please contact us at:
Technology Holdings USA LLC
PO Box 691
Brick, NJ 08723
[email protected]
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