ListDealz Service Agreement

 

This Agreement sets forth the policies and practices of ListDealz (“ListDealz”) in connection with the Web Site located at www.listdealz.com (the “Site”). This Agreement addresses ListDealz’s practices regarding information and activity collected directly through or from the Site – it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Site.

ListDealz can be contacted by e-mail at admin@listdealz.com.

1. General Rules and Definitions
1.1. You agree that you have read and understood this Agreement, and you agree to abide by and be bound legally by all of the terms and conditions of this Online Agreement (the “Agreement”) between you and ListDealz.

1.2. ListDealz hereby grants you a limited license to use the Site to create and maintain a personal, small business, organization or non-for-profit registry (the “UniList”, or “Wishlist”) on the Web site www.ListDealz.com subject to this Agreement. No other use of the Site Materials is authorized.

1.3. Except for the limited license granted above, ListDealz reserves any and all, and you shall have and exercise no, right, title, or interest in or to any Site Materials or the Service and nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of ListDealz or any third party.

1.4. ListDealz reserves the right at any time to modify, alter, or update this Agreement. Notice of any new or revised provisions, as well as the location of the revised Agreement, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Agreement since their last visit. Any change to this Agreement shall be effective as to any visitor who has visited the Site before the change was made.

1.5. If any modification, alteration, or update to the Agreement by ListDealz is not acceptable to you, your sole and exclusive remedy shall be to terminate your Account.

2. Access and Availability of Service and Links
2.1. In connection with your Membership or your use of the Service, you may have the ability to identify certain third parties as suppliers of, or owners or operators of Web sites from which are available, products or services you choose to list in your registry on the Site. ListDealz reserves the right, exercisable in its sole discretion, with or without notice to you, to redirect users to or otherwise identify or designate other parties or Web sites from which ListDealz believes such products or services (or products or services similar thereto, as determined by ListDealz in its sole discretion) may be available.

2.2. All deals, prices, coupons and promotions on the Site are subject to change without notice. Certain promotions are created by retailers or other third parties and may change or be discontinued at any time. Without limiting anything else, ListDealz assumes no responsibility for changes or discontinuances implemented by any retailer or other third party.

2.3. ListDealz may change, suspend or discontinue any aspect of the Service at any time, for any or no reason, including the availability of any Service feature or content. ListDealz may also impose limits on certain features and services or restrict your access to parts or all of the Site or Site Materials without notice or liability.

3. Representations and Warranties
NEITHER ListDealz NOR ITS AFFILIATES REPRESENTS OR ENDORSES THE ACCURACY OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE OR SERVICE BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, STATEMENT OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK.

4. Registration and Security
4.1. In order to sign up to use the Service, you will be required to select a password to be used in conjunction with your e-mail address. You will be required to give us certain registration information, all of which must be accurate and updated by you. You may not (a) use an account of another person with the intent to impersonate that person; or (b) use an account to which another person has rights without such person’s authorization. You will be solely responsible for all communications made through the Site using your user name and password. You shall be responsible for maintaining the confidentiality of your password.

4.2. You shall immediately notify ListDealz of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including but not limited to loss, theft, or unauthorized disclosure of your password or credit card information.

5. Fees and Services
5.1. Membership and usage of ListDealz.com is completely FREE. However, you will be responsible to pay any fees for goods or services that you choose to purchase on the site from either ListDealz or from any third party vendor or service provider.

6. Use of Site Materials; Communications
6.1. As a Member, you shall not publish, broadcast, retransmit, or otherwise reproduce any Site Materials in any medium, except that you may utilize any of ListDealz’s offered applications and functionalities to display your gift list on social network, personal, or organization websites and you may transmit the personalized messages offered through the Service by electronic mail for personal, noncommercial purposes.

6.2. In connection with your Membership and your use of the Services, including your alerting others to your registry, you hereby authorize and consent to ListDealz’s preparation of e-mails and other communications that appear to come from you.

7. Termination
7.1. You may terminate your Membership at any time by sending an email which clearly indicates your request to terminate to admin@ListDealz.com.

7.2. ListDealz may terminate your Membership and this Agreement at any time, with or without notice to you. That said, ListDealz will undertake efforts to try to notify you of any termination of your Membership and this Agreement by it.

8. Disclaimer of Warranties and Liability
8.1. THE SERVICE AND YOUR MEMBERSHIP ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SERVICE AND YOUR MEMBERSHIP IS ENTIRELY AT YOUR OWN RISK.

8.3. NEITHER ListDealz, NOR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE SERVICE OR YOUR MEMBERSHIP, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL ListDealz HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SERVICE OR YOUR MEMBERSHIP.

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