1. User's
Acknowledgment and Acceptance of Terms
cheaperseeker.com ("Us" or
"We") provides the cheaperseeker site and various related services
(collectively, the "site") to you, the user, subject to your
compliance with all the terms, conditions, and notices contained or referenced
herein (the "Terms of Use"), as well as any other written agreement
between us and you. In addition, when using particular services or materials
on this site, users shall be subject to any posted rules applicable to such
services or materials that may contain terms and conditions in addition to
those in these Terms of Use. All such guidelines or rules are hereby
incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND
BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF
USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS
SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON
OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE
TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF
THIS SITE.
These Terms of Use are effective as of
May 27th, 2010. We expressly reserve the right to change these Terms of Use
from time to time without notice to you. You acknowledge and agree that it is
your responsibility to review this site and these Terms of Use from time to
time and to familiarize yourself with any modifications. Your continued use
of this site after such modifications will constitute acknowledgement of the
modified Terms of Use and agreement to abide and be bound by the modified
Terms of Use.
As used in these Terms of Use, references
to our "Affiliates" include our owners, subsidiaries, affiliated
companies, officers, directors, suppliers, partners, sponsors, and
advertisers, and includes (without limitation) all parties involved in
creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on
this site including, but not limited to, We provide online coupons to our
users. cheaperseeker is a responsibility to make sure that a discount, free
offer is present in the checkout process at the applicable merchant website.
It is nor responsible for the redemption, omissions, errors, or expiration of
the coupons. , and other like services. You are responsible for providing, at
your own expense, all equipment necessary to use the services, including a
computer, modem, and Internet access (including payment of all fees
associated with such access).
We reserve the sole right to either
modify or discontinue the site, including any of the site?s features, at any
time with or without notice to you. We will not be liable to you or any third
party should we exercise such right. Any new features that augment or enhance
the then-current services on this site shall also be subject to these Terms
of Use.
3. Registration Data and Privacy
In order to access some of the services
on this site, you will be required to use an account and password that can be
obtained by completing our online registration form, which requests certain
information and data ("Registration Data"), and maintaining and
updating your Registration Data as required. By registering, you agree that
all information provided in the Registration Data is true and accurate and
that you will maintain and update this information as required in order to
keep it current, complete, and accurate.
You also grant us the right to disclose
to third parties certain Registration Data about you. The information we
obtain through your use of this site, including your Registration Data, is
subject to our Privacy Policy, which is specifically incorporated by
reference into these Terms of Use.
4. Conduct on Site
Your use of the site is subject to all
applicable laws and regulations, and you are solely responsible for the
substance of your communications through the site. By posting information in
or otherwise using any communications service, chat room, message board,
newsgroup, software library, or other interactive service that may be
available to you on or through this site, you agree that you will not upload,
share, post, or otherwise distribute or facilitate distribution of any
content -- including text, communications, software, images, sounds, data, or
other information -- that:
a. is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of another?s
privacy, tortious, contains explicit or graphic descriptions or accounts of
sexual acts (including but not limited to sexual language of a violent or
threatening nature directed at another individual or group of individuals),
or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right of
any party;
d. constitutes unauthorized or
unsolicited advertising, junk or bulk email (also known as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e. contains software viruses or any other
computer code, files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to
any data or other information of any third party; or
f. impersonates any person or entity,
including any of our employees or representatives.
We neither endorse nor assume any
liability for the contents of any material uploaded or submitted by third
party users of the site. We generally do not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive services that
may be available on or through this site. However, we and our agents have the
right at their sole discretion to remove any content that, in our judgment,
does not comply with these Terms of Use and any other rules of user conduct
for our site, or is otherwise harmful, objectionable, or inaccurate. We are
not responsible for any failure or delay in removing such content. You hereby
consent to such removal and waive any claim against us arising out of such
removal of content. See "Use of Your Materials" below for a
description of the procedures to be followed in the event that any party
believes that content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right of
any party.
In addition, you may not use your account
to breach security of another account or attempt to gain unauthorized access
to another network or server. Not all areas of the site may be available to
you or other authorized users of the site. You shall not interfere with
anyone else?s use and enjoyment of the site or other similar services. Users
who violate systems or network security may incur criminal or civil
liability.
You agree that we may at any time, and at
our sole discretion, terminate your membership, account, or other affiliation
with our site without prior notice to you for violating any of the above
provisions. In addition, you acknowledge that we will cooperate fully with
investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in investigating
suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on
the Internet or otherwise include references to information, documents,
software, materials and/or services provided by other parties. These sites
may contain information or material that some people may find inappropriate
or offensive. These other sites and parties are not under our control, and
you acknowledge that we are not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of such
sites, nor are we responsible for errors or omissions in any references to
other parties or their products and services. The inclusion of such a link or
reference is provided merely as a convenience and does not imply endorsement
of, or association with, the site or party by us, or any warranty of any
kind, either express or implied.
6. Intellectual Property Information
Copyright (c) May 27th, 2010
cheaperseeker.com All Rights Reserved.
For purposes of these Terms of Use,
"content" is defined as any information, data, communications,
software, photos, video, graphics, music, sounds, and other material and
services that can be viewed by users on our site. This includes message boards,
chat, and other original content.
By accepting these Terms of Use, you
acknowledge and agree that all content presented to you on this site is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws, and is the sole property of cheaperseeker.com and/or
its Affiliates. You are only permitted to use the content as expressly
authorized by us or the specific content provider. Except for a single copy
made for personal use only, you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any documents or information from this
site in any form or by any means without prior written permission from us or
the specific content provider, and you are solely responsible for obtaining
permission before reusing any copyrighted material that is available on this
site. Any unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could result in
criminal or civil penalties.
Neither we or our Affiliates warrant or
represent that your use of materials displayed on, or obtained through, this
site will not infringe the rights of third parties. See "User?s
Materials" below for a description of the procedures to be followed in
the event that any party believes that content posted on this site infringes
on any patent, trademark, trade secret, copyright, right of publicity, or
other proprietary right of any party.
The following are registered trademarks,
trademarks or service marks of cheaperseeker.com or its Affiliates:
cheaperseeker, cheaperseeker.com. All custom graphics, icons, logos and
service names are registered trademarks, trademarks or service marks of cheaperseeker.com
or its Affiliates. All other trademarks or service marks are property of
their respective owners. Nothing in these Terms of Use grants you any right
to use any trademark, service mark, logo, and/or the name of
cheaperseeker.com or its Affiliates.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any
communication or material that you transmit to this site or to us, whether by
electronic mail, post, or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in such
communications or material, you grant us and our agents and affiliates a
non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and otherwise use such
material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not submit confidential or
proprietary information to us unless we have mutually agreed in writing
otherwise. We are also unable to accept your unsolicited ideas or proposals,
so please do not submit them to us in any circumstance.
We respect the intellectual property of
others, and we ask you to do the same. If you or any user of this site
believes its copyright, trademark or other property rights have been
infringed by a posting on this site, you or the user should send notification
to our Designated Agent (as identified below) immediately. To be effective,
the notification must include:
1. Identify in sufficient detail the
copyrighted work that you believe has been infringed upon or other
information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim
is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably
sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible,
sufficient to permit us to notify the owner/administrator of the allegedly
infringing webpage or other content (email address is preferred).
5. Include the following statement:
"I have a good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorized by the copyright
owner, its agent, or the law."
6. Include the following statement:
"I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the
following address:
Designated Agent for Claimed
Infringement:
Contact: John.Liu
Address: 1952 Davis Place Toledo, OH
43626
Phone: 419-218-3016
You acknowledge and agree that upon
receipt of a notice of a claim of copyright infringement, we may immediately
remove the identified materials from our site without liability to you or any
other party and that the claims of the complaining party and the party that
originally posted the materials will be referred to the United States
Copyright Office for adjudication as provided in the Digital Millennium
Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET
YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR
OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR
EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR
OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE
MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE
DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may
have the opportunities to engage in commercial transactions with other users
and vendors. You acknowledge that all transactions relating to any
merchandise or services offered by any party, including, but not limited to
the purchase terms, payment terms, warranties, guarantees, maintenance and
delivery terms relating to such transactions, are agreed to solely between
the seller or purchaser of such merchandize and services and you. WE MAKE NO
WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH
THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH
ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH
THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT
BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often
represents the opinions and judgments of an information provider, site user,
or other person or entity not connected with us. We do not endorse, nor are
we responsible for the accuracy or reliability of, any opinion, advice, or
statement made by anyone other than an authorized cheaperseeker.com
spokesperson speaking in his/her official capacity. Please refer to the
specific editorial policies posted on various sections of this site for
further information, which policies are incorporated by reference into these
Terms of Use.
You understand and agree that temporary
interruptions of the services available through this site may occur as normal
events. You further understand and agree that we have no control over third
party networks you may access in the course of the use of this site, and
therefore, delays and disruption of other network transmissions are
completely beyond our control.
You understand and agree that the
services available on this site are provided "AS IS" and that we
assume no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY
WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR
ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us, you agree to
defend, indemnify, and hold us and our Affiliates harmless from all
liabilities, claims, and expenses, including attorney?s fees, that arise from
your use or misuse of this site. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in
asserting any available defenses.
11. Security and Password
You are solely responsible for
maintaining the confidentiality of your password and account and for any and
all statements made and acts or omissions that occur through the use of your
password and account. Therefore, you must take steps to ensure that others do
not gain access to your password and account. Our personnel will never ask
you for your password. You may not transfer or share your account with
anyone, and we reserve the right to immediately terminate your account if you
do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include
advertisements offered by third parties. You may enter into correspondence
with or participate in promotions of the advertisers showing their products
on this site. Any such correspondence or promotions, including the delivery
of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or
promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such
correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat
Services
We may make email, messaging, blogging,
or chat services (collectively, "Communications") available to
users of our site, either directly or through a third-party provider. We make
available separate supplemental agreements characterizing the relationship
between you and us that, except where expressly noted or contradictory,
includes these Terms.
We will not inspect or disclose the
contents of private Communications except with the consent of the sender or
the recipient, or in the narrowly-defined situations provided under the
Electronic Communications Privacy Act, or as other required by law or by
court or governmental order. Further information is available in our Privacy
Policy.
We may employ automated monitoring
devices or techniques to protect our users from mass unsolicited
communications (also known as "spam") and/or other types of
electronic communications that we deem inconsistent with our business
purposes. However, such devices or techniques are not perfect, and we will
not be responsible for any legitimate communication that is blocked, or for
any unsolicited communication that is not blocked.
Mailboxes may have a limited storage
capacity. If you exceed the maximum permitted storage space, we may employ
automated devices that delete or block email messages that exceed the limit.
We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible
worldwide, we make no representation that materials on this site are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this site is
void where prohibited.
15. Termination of Use
You agree that we may, in our sole
discretion, terminate or suspend your access to all or part of the site with
or without notice and for any reason, including, without limitation, breach
of these Terms of Use. Any suspected fraudulent, abusive or illegal activity
may be grounds for terminating your relationship and may be referred to
appropriate law enforcement authorities.
Upon termination or suspension,
regardless of the reasons therefore, your right to use the services available
on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or this
site. We shall not be liable to you or any third party for any claims or
damages arising out of any termination or suspension or any other actions
taken by us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is
controlled by us from our offices within the Us, EU, United States of
America. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of Us, EU, by accessing this site both of us agree that the
statutes and laws of the State of Us, EU, without regard to the conflicts of
laws principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the use
of this site and the purchase of products and services available through this
site. Each of us agrees and hereby submits to the exclusive personal
jurisdiction and venue any court of competent jurisdiction within the State
of Us, EU with respect to such matters.
17. Notices
All notices to a party shall be in
writing and shall be made either via email or conventional mail. Notices to
us must be sent to the attention of Customer Service at
Admin@cheaperseeker.com, if by email, or at cheaperseeker.com Beijing China
if by conventional mail. Notices to you may be sent to the address supplied
by you as part of your Registration Data. In addition, we may broadcast
notices or messages through the site to inform you of changes to the site or
other matters of importance, and such broadcasts shall constitute notice to
you at the time of sending.
18. Entire Agreement
These terms and conditions constitute the
entire agreement and understanding between us concerning the subject matter
of this agreement and supersedes all prior agreements and understandings of
the parties with respect to that subject matter. These Terms of Use may not
be altered, supplemented, or amended by the use of any other document(s). Any
attempt to alter, supplement or amend this document or to enter an order for
products or services which are subject to additional or altered terms and
conditions shall be null and void, unless otherwise agreed to in a written
agreement signed by you and us. To the extent that anything in or associated
with this site is in conflict or inconsistent with these Terms of Use, these
Terms of Use shall take precedence.
19. Miscellaneous
In any action to enforce these Terms of
Use, the prevailing party will be entitled to costs and attorneys? fees. Any
cause of action brought by you against us or our Affiliates must be
instituted with one year after the cause of action arises or be deemed
forever waived and barred.
You may not assign your rights and
obligations under these Terms of Use to any party, and any purported attempt
to do so will be null and void. We may free assign our rights and obligations
under these Terms of Use.
You agree not to sell, resell, reproduce,
duplicate, copy or use for any commercial purposes any portion of this site,
or use of or access to this site.
In addition to any excuse provided by
applicable law, we shall be excused from liability for non-delivery or delay
in delivery of products and services available through our site arising from
any event beyond our reasonable control, whether or not foreseeable by either
party, including but not limited to, labor disturbance, war, fire, accident,
adverse weather, inability to secure transportation, governmental act or
regulation, and other causes or events beyond our reasonable control, whether
or not similar to those which are enumerated above.
If any part of these Terms of Use is held
invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain
in full force and effect.
Any failure by us to enforce or exercise
any provision of these Terms of Use or related rights shall not constitute a
waiver of that right or provision.
20. Contact Information
Except as explicitly noted on this site,
the services available through this site are offered by cheaperseeker.com
located at Beijing China. Our telephone number is 15210152867. If you notice
that any user is violating these Terms of Use, please contact us at
Admin@cheaperseeker.com.
Terms and Conditions of Sale
1. Sale and Purchase of Goods
cheaperseeker.com ("Seller")
hereby agrees to sell, and You ("Buyer") hereby agree to purchase,
goods of the description and quantity described on the checkout window
("Checkout") and incorporated herein by this reference ("Goods")
on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of
the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price
shall be payable in full by Buyer according to the payment due date stated at
Checkout. Any portion of the Purchase Price unpaid past thirty (30) days
shall be considered overdue. All amounts past due are subject to a late
charge of the lesser of one and one-half percent (1 1/2%) per month (being
eighteen percent (18%) per annum) or the highest lawful rate. In addition,
Seller shall have the right to pursue any remedies available at law or as
provided herein and shall be entitled to reimbursement from Buyer for
Seller's costs of collection, including attorney fees, legal fees and costs
and disbursements.
4. Delivery
Unless otherwise agreed in writing,
delivery shall be made in accordance with Seller's shipping policy in effect
on the date of shipment. Delivery dates provided by Seller are estimates
only. Seller will make reasonable efforts to deliver in accordance with such
dates; however, Seller will not be liable for failure to deliver as
estimated. Unless otherwise agreed in writing by Seller, Goods shall be
packaged according to Seller's standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the
following:
YOUR USE OF THE SERVICE, INCLUDING,
WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE WEBSITE
AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE
RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE WEBSITE OR
SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. cheaperseeker.com AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. cheaperseeker.com DOES NOT
WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY
CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING cheaperseeker.com THAT IS
NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A
DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
The warranty shall last for 4 week.
The warranties provided for herein shall
be governed by Seller's warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of
Liability
Seller undertakes no responsibility for
the quality of the Goods or that the Goods will be fit for any particular
purpose for which Buyer may be buying the Goods, except as otherwise provided
in this Agreement, and Seller disclaims all other warranties and conditions,
express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF
WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER
AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY
OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY
ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT
EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY
TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF
SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY
CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER
TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION,
THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL
PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER
AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY
OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND
CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY
DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF
NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER
AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER
FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM
THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY
OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for
any failure of performance to make timely delivery of all or any part of the
Goods in the event such failure was due, in whole or in part, to federal,
provincial or municipal action, statute, ordinance or regulation, strike or
other labor trouble, fire or other damage to or destruction of, in whole or
in part, the Goods or the manufacturing facility for the Goods, the lack of
or inability to obtain raw materials, labor, fuel, electrical power, water or
supplies, or any other cause, act of God, contingency or circumstances not
subject to the reasonable control of Seller, which causes delays or hinders
the manufacture or delivery of Goods. Seller shall determine in good faith
the extent to which it can reasonably control a cause, contingency, or
circumstance that affects the performance of its obligations.
8. General
Buyer may not assign this Agreement
without Seller's written consent. Seller is the sole intended beneficiary of
this Agreement. If there is any inconsistency between this Agreement and any
other agreement included with or relating to the Goods, this Agreement shall
govern. This Agreement may not be modified, altered or amended without the
written agreement of Seller. Any additional or altered terms attached to any
order submitted by Buyer shall be null and void, unless expressly agreed to
in writing by Seller. If any term of this Agreement is illegal or
unenforceable, the legality and enforceability of the remaining provisions
shall not be affected or impaired. This Agreement shall be interpreted under
the laws of the State of Virginia, without giving effect to conflicts-of-law
rules; and in the event of a dispute under this Agreement; Buyer submits to
the exclusive jurisdiction and venue of the courts of the Commonwealth of
Virginia and hereby waives any objection to such jurisdiction and venue