Our Services include,among other things, delivering search results for products and services offeredby third-party Merchants. We are NOT a party to any transaction you may enterwith Merchants. If you have any questions, concerns or claims regarding aproduct or service you purchased by initiating a search using our Services,please address these to the relevant Merchant.
2.ACCESS OR USING OUR SERVICE
(a) To access or use somecontent or features of our Site or Service, you may choose to provide uscertain information, we may require you to provide certain information, orrequire that you establish an account with us through registration. Your accessto certain content or features may be limited if you are not 18 years of age orolder, or the legal age in your jurisdiction to form a legally bindingagreement, or for other reasons.
(b) Whenever you submitinformation to us, you agree to provide true, accurate and complete informationand agree to, if the option is available, promptly update the information ifthere have been changes to the information you provided.
(c) Accounts. We may alsoimpose restrictions on your ability to establish an account (e.g., age limits,restrict business entities from setting up accounts, limitations on the numberof accounts, etc.). When registering an account, you may need to select ausername ("ID") and password. You are responsible for keeping your IDand password, and other account information, confidential and are fullyresponsible for all activities that occur under your account, whether or notyou authorized such activities. You agree to notify us immediately of anybreach of security or unauthorized use of your account or ID and password bysending email to us.
3.LIMITATION, SUSPENSION OR TERMINATION
- modify our copyright/trademark or other proprietaryrights notices, or interfere with the security-related features of our Site orService (e.g., those that prevent or restrict copying Site Content);
- use our Site or Service in any way to manipulate ordistort, or undermine the integrity and accuracy of, any reviews and ratings,or take any action to interfere with, damage, disrupt any part of our Site orService;
- use our Site or Service to send, knowingly receive,upload/post, download, any material which does not comply with our contentstandards;
- use our Site or Service to transmit or facilitate thetransmission of any unsolicited or unauthorized advertising or promotionalmaterial;
- use our Site or Service to transmit any data, orupload to our Site or Service any data, that contains viruses, Trojan horses,worms, time-bombs, keystroke loggers, spyware, adware or any other harmfulprograms or similar computer code designed to adversely affect the operation ofany computer software or hardware;
- decompile, reverse engineer or disassemble any portionof our Site or Service;
- use any robot, spider, other automatic device ormanual process to monitor or copy our web pages or the content contained ourSite or Service, or use network-monitoring software to determine architectureof or extract usage data from our Site or Service; or
5. USER CONTENT
(a) We may now or in the future permit you to post,upload, transmit through or otherwise provide through our Site or Service(collectively, "submit") messages, text, illustrations, files,images, graphics, photos, comments, sounds, music, videos, information (e.g.,your name, e-mail address, etc.) and other content (collectively "UserContent"). For example, any comment, rating or review of a product or a merchantthat you post through our Site or Service is your User Content.
(b) Standards: You agree not to submit any User Content protected bycopyright, trademark, patent, trade secret, moral right, or other intellectualproperty or proprietary right without the express permission of the owner ofthe respective right. You are solely liable for any damage resulting from yourfailure to obtain such permission or from any other harm resulting from yourUser Content. Furthermore, you represent and warrant that your User Content: -will be, in the context of reviews and ratings, based upon an actual shoppingexperience with the relevant merchant or third party, accurate (where facts arestated), reflect opinions genuinely held by you, and comply with all applicablelaws;
- will be truthful, non-misleading and non-deceptive;
- will not contain any material which is tortious (e.g.,defames or invades the privacy of any person, etc.), obscene, offensive,hateful or inflammatory;
- will not promote sexually explicit material orviolence, or promote discrimination based on race, sex, religion, nationality,disability, sexual orientation or age;
- does not breach any legal duty you owe to a thirdparty, such as a contractual duty or a duty of confidence;
- will not be threatening, abuse or invade another'sprivacy, or provided with an intent to harass, upset or embarrass any otherperson;
- will not be provided with an intent to impersonate anyperson, to misrepresent your identity or affiliation with any person, or tofalsely give the impression that your User Content comes from someone else; or
- will not advocate, promote or assist any unlawful act(e.g., criminal acts, copyright infringement, computer misuse, etc.).
(c) We may monitor, edit or remove any User Content for violationof the letter or spirit of these terms, or for any other lawful reason.However, we have no obligation to look for, edit or remove (except for removalof content pursuant to Section 15) any User Content for any reason including,without limitation, violation of these terms.
(d) Grantof Rights & Use: We do notclaim ownership to your User Content. However, by submitting User Content, youautomatically grant, or warrant that the owner has expressly granted, to us aworldwide, royalty-free, perpetual, irrevocable, non-exclusive, fullysublicensable and transferable right and license to use, reproduce, distribute,create derivative works based upon (e.g., translations, etc.), publiclydisplay/perform, transmit and publish the User Content (in whole or in part) aswe, in our sole discretion, deem appropriate in connection with our businessand operations. Notwithstanding the foregoing, you waive any and all claims youmay now or later have in any jurisdiction to so-called "moral rights"or rights of "droit moral" with respect to the User Content.
- By submitting User Content, you also grant us theright, but not the obligation, to use your biographical or other informationabout you including, without limitation, all or some of your name, alias,nickname and geographical location (e.g., "Mark W. - Columbus, OH","Julie B. - Wyoming", etc.), in connection with broadcast, print,online, or other use or publication of your User Content consistent with thelicense granted in the previous paragraph.
- Without limiting the rights granted in the foregoingparagraphs, and for avoidance of doubt, we reserve the right to displayadvertisements in connection with your User Content, to use your User Contentfor advertising and promotional purposes, and provide third-parties your UserContent. You acknowledge and agree that your User Content may be included onthe websites and advertising networks of our distribution partners andthird-party service providers (including their downstream users).
6.RELIANCE ON SITE INFORMATION
(a) Information available through our Site or Service isfor educational, entertainment and promotional purposes only. While we makeefforts to ensure that information provided by us is accurate, we do notrepresent or warrant that any User Content or Site Content is accurate,complete or current. In all instances, it is your responsibility to evaluatethe accuracy, timeliness, completeness, or usefulness of Site Content, UserContent, and other information and opinions expressed through our Site orService. For instance, ratings and reviews may be informative to some but arenot provided as a guarantee or prediction of the level of performance you mayexperience with the applicable product, service, merchant or other third party.You are solely responsible for any actions or decisions you take based onmaterials and information available through our Site and Service, and shouldcarry out your own research and investigation as appropriate.
(b) If there is a dispute between you and anyoneaccessing our Site or Service, or you and any third party in connection withour Site or Service, you understand and agree that we are under no obligationto become involved. In such instances, you hereby release NeuroWarranty and itsofficers, directors, employees, parents, partners, successors, agents,affiliates, subsidiaries and their related companies from claims, demands anddamages of every kind or nature arising out of, relating to or in any wayconnected with such dispute.
7.ONLINE MERCHANTS AND THIRD PARTIES
(a) Your dealings with online merchants or other thirdparties via our Site or Service, including third party websites accessed vialinks on our Site, are solely between you and that third party. As such, whenyou engage in a transaction with a third party or access a third party'swebsite, you do so under their terms and policies, not ours. Complaints,questions and claims related to transactions with any third party should bedirected to that third party.
(b) WE MAKE NO WARRANTIES REGARDING AND SHALL NOT BELIABLE OR RESPONSIBLE TO YOU (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR YOURUSE OF, THE QUALITY OR LATE DELIVERY OF THE GOODS OR SERVICES FROM ANY THIRDPARTY OR FOR HONORING (OR TO CAUSE ANY MERCHANT TO HONOR) ANY ERRONEOUSINFORMATION REGARDING THE PRICE, DESCRIPTION AND AVAILABILITY OF, OR ANYDISCOUNTS, OFFERS, PROMOTIONS AND COUPONS RELATING TO ANY PRODUCT OR SERVICEOFFERINGS PROMOTED OR AVAILABLE THROUGH OUR SITE OR SERVICE.
8.LIMITS ON OUR LIABILITY
(b) REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TOTHE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS,DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTIONPARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED $100. YOUAGREE THAT THIS IS A FAIR LIMITATION BASED UPON THE MANNER AND COST BY WHICHOUR SITE OR SERVICE ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITYTO USE ALTERNATIVE RESOURCES PROVIDING INFORMATION SIMILAR TO THAT OF OUR SITEOR SERVICE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF,RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICE OR THESE TERMS OFUSE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSESOF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.
(c) In some jurisdictions limitations of liability arenot permitted and, therefore, some of the above limits may not apply in allinstances.
9.DISCLAIMER OF WARRANTIES
(a) TO THE FULL EXTENT PERMITTED BY LAW, NeuroWarranty'SSERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES AREPROVIDED BY NeuroWarranty ON AN "AS IS" AND "AS AVAILABLE"BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTERVIRUSUS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND SERVICE IS AT YOUROWN RISK. NeuroWarranty MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION,CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITSSITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.
(b) Certain state laws do not allow limitations onimplied warranties. If these laws apply to you, some or all of the abovedisclaimers, exclusions or limitations may not apply to you, and you might haveadditional rights.
11.DISPUTE RESOLUTION AND MANDATORY ARBITRATION
(b) If after 45 days the parties are unable to resolveany dispute raised under the previous provision, the dispute may be submittedto arbitration consistent with this Section. The parties understand that theywould have had a right or opportunity to litigate disputes through a court andto have a judge or jury decide their case, but they choose to have any disputesresolved through arbitration.
(c) We each agree that any claim or dispute between us,and any claim by either of us against any agent, employee, successor, or assignof the other, including, to the full extent permitted by applicable law, thirdparties who are not signatories to this agreement, whether related to thisagreement or otherwise, including past, present, and future claims anddisputes, and including any dispute as to the validity or applicability of thisarbitration clause, shall be resolved by binding arbitration administered bythe JAMS under its rules and procedures in effect when the claim is filed. Therules and procedures and other information, including information on fees, maybe obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at949-224-1810.
(d) We are entering into this arbitration agreement inconnection with a transaction involving interstate commerce. Accordingly, thisarbitration agreement and any proceedings thereunder shall be governed by theFederal Arbitration Act ("FAA"), 9 U.S.C. 1-16. Any award by thearbitrator(s) may be entered as a judgment in any court having jurisdiction.
(e) Exception to Arbitrate. Either of us may bringqualifying claims in small claims court. Further, pursuant to Section 13 below,we each agree that any arbitration will be solely between you and Elations, notas part of a classwide claim (i.e., not brought on behalf of or together withanother individual's claim). If for any reason any court or arbitrator holdsthat this restriction is unconscionable or unenforceable, then our agreement toarbitrate doesn't apply and the classwide dispute must be brought in court.
13.NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TOPURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THECLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVECAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHERPROCEEDING.
14.NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TOTRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
(a) In appropriate circumstances and in our solediscretion, we may remove or disable access to material on any of our websitesor hosted on our systems that may be infringing the copyright of others.
(b) Consistent with the Digital Millennium Copyright Act("DMCA"), NeuroWarranty will respond to a notice of alleged copyrightinfringement regarding any information available on our Site or through ourService. Please note that this procedure is exclusively for notifying us thatcopyrighted material has allegedly been infringed and matters other thaninforming NeuroWarranty that copyrighted material may have been infringed willnot receive a response through this process.
(c) Pursuant to the DMCA, your infringement notificationmust include the following information:
- An electronic or physical signature of the personauthorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claimhas been infringed upon;
- A description of where the material that you claim isinfringing is located on the site, including a link or screenshot of thewebpage containing the infringing material, if applicable;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good-faith beliefthat the disputed use is not authorized by the copyright owner, its agent orthe law;
- A statement by you, made under penalty of perjury,that the above information in your notice is accurate and that you are thecopyright owner or authorized to act on the copyright owner's behalf.
(d) Please send your notice of copyright infringement toNeuroWarranty's designated Copyright Agent as follows:
650 Chynoweth Ave.
San Jose, CA 95131
16.AMENDMENT; ADDITIONAL TERMS