As an online shopping service WiseClicker.com (the "Site")
provides information to consumers that helps them access
products and services from online and offline merchants. The use
of the Site is pursuant to the following terms and conditions,
which you agree to accept by your use of the Site. Use of the
Site is subject to additional terms and conditions defined by
our content providers ("Licensors") as stipulated on applicable
pages of the Site, which you also agree to accept by your use of
the Site. WiseClicker reserves the right to modify or revise
these Terms of Use and/or Privacy Statement or its other
policies at any time at its sole discretion. You are bound by
such modification or revision, and should therefore visit this
page frequently to review the terms. Your continued use of the
Site following posting of any changes or modifications to these
Terms of Use and/or Privacy Statement will constitute your
acceptance of such changes or modifications. In the event that
you do not agree to any changes or modifications of these Terms
of Use and/or Privacy Statement, you should not continue to use
the Site.
LICENSE AND SITE ACCESS
WiseClicker grants you a license to access and use the Site for
personal, noncommercial purposes, other than to purchase items
from third-party merchants linked to the Site. This license does
not include and strictly prohibits: any resale of the Site or
its contents; any collection and use of any product listings,
descriptions, or prices other than as expressly authorized
herein; any derivative use of the Site or its contents; or any
use of data mining, robots, or similar data gathering and
extraction tools. The Site, including its operation, interface
and contents, are covered by United States copyright laws and
international covenants and treaties, and may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise
exploited for any unauthorized commercial purpose without the
express prior written consent of WiseClicker. Any unauthorized
use shall immediately terminate the license granted by
WiseClicker and any Licensors hereunder, and may subject you to
civil and/or criminal prosecution. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to any
page of the Site so long as the link does not portray
WiseClicker, its subsidiaries, its affiliates, Licensors,
co-brand partners and other partners or its or their respective
services in a false, misleading, derogatory or otherwise
offensive matter. You may not use any WiseClicker, Licensor,
subsidiary, affiliate, co-brand partner, or other partner logo
or other proprietary graphic or trademark as part of a link to
the Site without first obtaining the express written consent of
WiseClicker, the subsidiary, the affiliate, the co-brand partner
or other partner or Licensor (as applicable).
WiseClicker does not guarantee continuous, uninterrupted or
secure access to its services or the Site, and the operation of
the Site may be interfered with by numerous factors outside or
within WiseClicker's control.
CONTENT AND OTHER INFORMATION
WiseClicker assists you in finding online and offline merchants
and their available products and services. WiseClicker provides
information regarding products and third-party merchants, and
links to third-party merchants that are selling listed products.
WiseClicker is paid by merchants or other third parties for
listing products on the Site and for promotions such as top
stores and featured products. The products listed on the Site
are sold by third party merchants, and are not sold by
WiseClicker.
WiseClicker does not sell, resell or license any of the products
listed on the Site, nor is WiseClicker acting as an agent of
sale, and WiseClicker disclaims any responsibility for, or
liability related to, such products. Any questions, complaints
or claims related to any product should be directed to the
appropriate merchants or seller.
WiseClicker does not warrant that product descriptions, pricing,
editorials or any other content of the Site, regardless of its
source, is accurate, complete, reliable, current or error-free.
Site content is provided for informational purposes only and
does not constitute an endorsement by WiseClicker of any
product, merchant, seller, or service. You should not rely on
such information in situations where its inaccuracy would cause
you to suffer any loss. WiseClicker assumes no liability for
inaccuracy or incompleteness in its product information,
promotions, editorial content or other content on the Site.
OTHER BUSINESSES AND LINKS TO OTHER SITES
WiseClicker and its subsidiaries are not merchants and do not
list products for sale through the Site. All products, services
and other offerings on the Site are made by third-party
merchants, service providers or advertisers. In addition,
WiseClicker may provide links to the sites of third-party
merchants, affiliated companies, co-brand partners and other
partners. These links are provided solely as a convenience to
you, and such provision does not constitute an endorsement by
WiseClicker of the content of such third-party sites nor of the
business practices of such other businesses, entities or
individuals. WiseClicker is not responsible for examining or
evaluating, and does not warrant in any way, the products,
offerings or business practices of any of these businesses,
entities or individuals or the content of their web sites.
WiseClicker does not assume any responsibility or liability for
the actions, product or content of these or any other third
parties. It is your responsibility to review their privacy
statements and other conditions of use.
Other than WiseClicker's collection of fees from sellers or
third-parties for listing product and merchant information,
WiseClicker is not a party to any business transaction that
takes place between you and any other party represented on the
Site. WiseClicker has no control over the business practices of
any third-party merchant or seller, nor does it control in any
way the quality, safety or legality of any item listed on the
Site or any business transaction that occurs as a result of
products listed on the Site. WiseClicker in no way guarantees or
warrants any such products or transactions.
In the event of a dispute between you and a merchant listed on
the Site, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU
RELEASE WISECLICKER, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND
PARTNERS OR OTHER PARTNERS, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, AGENTS, LEGAL REPRESENTATIVE AND EMPLOYEES FROM
CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH SUCH A DISPUTE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY WISECLICKER ON AN "AS IS" AND ON AN
"AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WISECLICKER MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS,
MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR
ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION,
THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE
MAXIMUM EXTENT PERMISSABLE BY APPLICABLE LAW, WISECLICKER SHALL
NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION
RESULTING THEREOF IS SOLELY AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WISECLICKER
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE.
WISECLICKER DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR
E-MAIL SENT FROM WISECLICKER ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMISSABLE BY
APPLICABLE LAW, WISECLICKER WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF
BUSINESS OR BUSINESS OPPORTUNITIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE
CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, WITH WISECLICKER'S PRIVACY POLICY OR ANY OTHER
POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR
USE OF THE SITE.
INDEMNITY
You agree to defend, indemnify and hold WiseClicker, its
subsidiaries, affiliates, co-brand partners or other partners,
and their respective officers, directors, employees and agents
free and harmless from and against any claims, actions and
demands, including, without limitation, any legal and accounting
fees resulting from your use of the Site or your breach of these
Terms of Use. WiseClicker shall provide notice to you promptly
of any such claim, suit or proceeding.
INFRINGEMENT
The Site, its content, format, design, user interface and
WiseClicker logos are the intellectual property of WiseClicker,
its Licensors and business partners. Nothing contained in this
Terms of Use grants you permission to duplicate any of the
Site's components or other WiseClicker intellectual property or
the intellectual property of its subsidiaries, affiliates,
Licensors, co-brand partners or other partners, or of
WiseClicker's business partners, or to utilize them in a manner
that constitutes infringement in the United States or any other
country in which the Site is available for use. Any unauthorized
reproduction, modification, distribution, transmission,
republication, display, or performance of the software or the
content of the Site is strictly prohibited.
GENERAL
If any provision of these Terms of Use is held to be invalid,
void or unenforceable for any reason, such provision shall be
struck and the remaining provisions shall remain enforceable.
Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or
similar breaches.
ASSIGNMENT
You agree that these Terms of Use and all agreements and
notices incorporated herein may be automatically assigned by
WiseClicker, in our sole discretion, to a third party. You may
not assign your obligations to any other entity.
Copyrights and Trademarks
All editorial content, graphics, and other copyrighted
material on the Site (collectively, "materials") are protected
by copyright law, and are owned by WiseClicker and/or
WiseClicker's licensors. Reproduction of the Site, in whole or
in part, or in any form or medium, without the prior express
written permission of WiseClicker is prohibited. Any online
re-use of the Site's materials is strictly prohibited. The
materials from the Site are only available for informational and
noncommercial offline use, provided that: the materials are not
modified in any way; all copyright and other proprietary notices
and markings are retained and reproduced in their entirety on
any copy made from any material on the Site; and WiseClicker
has, in its sole discretion, given its prior written approval to
such use of the Site's materials. Any requests to re-use the
Site's materials should be sent to:
info@WiseClicker.com.
Any unauthorized use of the Site's materials, the WiseClicker
trademarks, and/or the marks belonging to any other party that
appear on the Site, may violate copyright law, trademark law,
and unfair competition laws, among others, in the US, as well as
may violate the laws in other countries, and may be subject to
criminal and civil penalties. |
