The Comparison Shopping Network of Websites; comprising ComparisonShopping.com,
ComparisonShop.com, Comparison-Shop.com, ComparisonShop.net, Comparison-Shop.net,
ComparisonShop.org, Comparison-Shop.org, ComparisonShop.biz (the "Network")
is an online information service provided by Winner Enterprises, LLC (the
"Company"), use of which is subject to your compliance with the
terms and conditions set forth below. BY ACCESSING OR USING A SITE OF THE
NETWORK, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
THE COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The
entire contents of the Network are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are the Company,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print
and download portions of material from the different areas of the Network
solely for your own use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant the
Company a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, reword, create
derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas
of the Network (such as listings, blogs, bulletin boards, forums and newsgroups)
or by e-mail to the Company by all means and in any media now known or hereafter
developed. You agree that you shall have no recourse against the Company for
any alleged or actual infringement or misappropriation of any proprietary
right in your communications to the Company.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Network are the exclusive
trademarks or servicemarks of the Company. Other product and company names
mentioned in the Network may be the trademarks of their respective owners.
2.
Use of the Network.
You
understand that, except for information, products or services clearly identified
as being supplied by the Company, the Company does not operate, control or
endorse any information, products or services on the Internet in any way.
Except for Company - identified information, products or services, all information,
products and services offered through the Network or on the Internet generally
are offered by third parties that are not affiliated with the Company. You
also understand that the Company cannot and does not guarantee or warrant
that files available for downloading through the Network will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Network
for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
THE COMPANY PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE COMPANY SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE COMPANY HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN
NO EVENT WILL THE COMPANY BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE COMPANY OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. 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 COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
PAYING
MEMBERS SHALL HAVE A MONETARY RECOURSE NO GREATER THAN THE AMOUNT PAID FOR
THEIR MEMBERSHIP.
The
Company makes no representations whatsoever about any other website which
you may access through this one or which may link to this Site. When you access
a non-Company website, please understand that it is independent from Company,
and that Company has no control over the content on that website. In addition,
a link to a Company website does not mean that Company endorses or accepts
any responsibility for the content, or the use, of such website.
3.
Indemnification.
You
agree to indemnify, defend and hold harmless the Company, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing
the Service.
4.Third
Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of the Company and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.
Term; Termination.
This
Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.
Miscellaneous.
This
Agreement shall all be governed and construed in accordance with the laws
of The United States of America applicable to agreements made and to be performed
in The United States of America. You agree that any legal action or proceeding
between Company and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States of America. Any cause
of action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim
or cause of action is barred. Company's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of this Agreement.
Company may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any
rights not expressly granted herein are reserved.
