1. THIS IS AN AGREEMENT BETWEEN YOU AND BargainMatch.com
BargainMatch.com provides users, who submit queries in any Web-based search box provided by BargainMatch.com, with Internet navigation assistance web pages ("Results Pages") containing search results and other content (the "Service"). This Agreement governs your use of the Service, including any Results Pages and any Web page that contains a Web-based search box provided by BargainMatch.com (a "Home Page"; and, together with any Results Pages, the "BargainMatch.com Web Pages"). You represent that you are at least 18 years of age, and any information that you submit is correct. BargainMatch.COM OFFERS THE SERVICE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 7, 8, and 9); AND AN EXCLUSIVE REMEDY (See Section 8). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW BargainMatch.COM MAY MODIFY THIS AGREEMENT
BargainMatch.com reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms.
3. POSTING REVIEWS ON BargainMatch.COM
You agree that you will only provide Reviews that you believe to be true and you will not purposely provide false or misleading information in your Reviews. You are responsible for complying with all laws applicable to any content you submit to the Service, including any Reviews. You are solely responsible for your Reviews listed on the Service. BargainMatch.com reserves the right, but not the obligation, to refuse to post or to remove any review submitted by you for any reason, including for any of the following:
Reviews do not reflect the views of BargainMatch.com or any of its employees, officers, directors, or shareholders. BargainMatch.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of a Review.
You agree that any Reviews that you submit to BargainMatch.com shall be owned exclusively and in perpetuity by BargainMatch.com. Such exclusive ownership means that BargainMatch.com has the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, sell, and distribute any and all materials and communications regarding and including submitted Reviews. BargainMatch.com is under no obligation to give credit or pay any consideration to you for your Reviews. If, despite the foregoing, full title and ownership of the Reviews is not deemed to be vested in BargainMatch.com, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, BargainMatch.com, its contractors and distribution partners, and the users of the Service an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute your Reviews. This license is non-exclusive, except you agree that BargainMatch.com shall have the exclusive right to practice this license to the extent of combining your Reviews with the Reviews of other BargainMatch.com users for purposes of constructing or populating a searchable database of product reviews.
4. USE OF REVIEWS
BargainMatch.com does not control the content posted by third-parties on the Service, including the content of any Reviews, and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service you may be exposed to content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any content on the Service, including any reliance on the content, integrity, and accuracy of such content.
5. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE
The BargainMatch.com Web Pages are for your personal, non-commercial use only. You will not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the BargainMatch.com Web Pages, any portion thereof, or any services or products available for commercial purposes. You will not use the BargainMatch.com Web Pages in any way that is unlawful, or harms BargainMatch.com. BargainMatch.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a BargainMatch.com Web Page, but has no obligation to do so. You will not use any BargainMatch.com Web Page in any way that breaches any code of conduct, policy or other notice applicable to such BargainMatch.com Web Page. Without limiting the generality of this Section, you will not use the BargainMatch.com Web Pages in any manner that could damage, disable, overburden, or impair any BargainMatch.com Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Service.
6. INFORMATION AVAILABLE FROM THE RESULTS PAGES
BargainMatch.com and its suppliers do not warrant or guarantee the accuracy, completeness or timeliness of any information available on BargainMatch.com. BargainMatch.com and its suppliers do not authorize the use of information available from BargainMatch.com for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. BargainMatch.com does not endorse or recommend any particular product or service.
7. BargainMatch.COM MAKES NO WARRANTY
BargainMatch.COM PROVIDES THE BargainMatch.COM WEB PAGES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BargainMatch.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BargainMatch.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY BargainMatch.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE BargainMatch.COM WEB PAGES, EVEN IF SUCH BargainMatch.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BargainMatch.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.