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, 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 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.
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.