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Posted September 23, 2014 by GottaDeal.com Staff
These terms and conditions ("Agreement") govern your use of GottaDeal.com ("Site"), an online information service operated by OlsonNet, LLC ("GottaDeal.com", "we", "our", "us", etc.). By using this Site you consent and agree to the terms and conditions contained in this Agreement. If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this Site.
All content ("Content") included on this Site, such as text, graphics, logos, color combinations, layout, button icons, images, audio clips and software (whether contained in or used to operate the Site), is the property of GottaDeal.com or its content suppliers and protected by U.S. and international copyright, trademark, service mark and other intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of GottaDeal.com and protected by U.S. and international copyright laws. This Agreement does not transfer any right, title, or interest in the Site or the Content to you, and nothing contained in this Agreement or on the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise other than as explicitly set forth herein. GottaDeal.com and its Content suppliers retain all of its and their respective right, title and interest to the Site and Content. For copyright infringement claims regarding Content on this Site, please see below under the heading COPYRIGHT INFRINGEMENT.
USE OF CONTENT; LINKING TO OUR SITE
Use of Content. The Content may be used as a personal informational resource. Specifically, you may download, view, copy and print Content only to the extent such activities are solely for your personal informational use.
Linking to Site. You may link or hyper-link to the home page of the Site from any Qualified Site, provided (a) you do not frame the Site or any portion of the Site; (b) the link or hyper-link to the Site is not used in a way that suggests that GottaDeal.com endorses you or your web site; (c) the link is identified using a plain text rendering of the GottaDeal.com name and not any trademark or GottaDeal.com logo; (d) the link or hyper-link to the Site is not used or presented in any way that disparages GottaDeal.com or tarnishes, blurs, or dilutes the quality of our names or trademarks or any associated goodwill; (e) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and (f) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
"Qualified Site" means a web site that displays no Objectionable content, is not owned or controlled by a competitor to GottaDeal.com and the content of which is not competitive to the Site.
"Objectionable" means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (1) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (2) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or (3) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (4) violates or encourages other to violate any applicable law.
No Other Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Site without our written permission is strictly prohibited.
Under no circumstances may you: - send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
- delete, modify or attempt to change or alter any of the Content on the Site;
- use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;
- use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other web site providers, web sites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
- use any "robot", "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
- use any GottaDeal.com names, service marks, or trademarks without our prior written consent, including without limitation as metatags or hidden text.
EXTERNAL LINKS; OTHER SITES' PRODUCTS, SERVICES AND CONTENT
Our message Forums are maintained as a convenience for public participation among our users, using their real names. All contributions must conform with our requirements and policies as contained in this Agreement and otherwise posted on our Site. Contributions may not contain advertising. Users are individually liable for their own contributions and we expressly disclaim all responsibility or liability for any contributions. Posting a contribution constitutes consent to any further use of the contribution by us. We reserve the right to monitor the Forums and to modify or remove specific content that we deem a violation of our requirements and policies, but we have no obligation to do this.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GottaDeal.com EXPRESSLY DISCLAIMS 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, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. GottaDeal.com MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (b) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (e) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GottaDeal.com OR ITS THIRD PARTY CONTENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEB SITES, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (d) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF GottaDeal.com WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless GottaDeal.com, its affiliates, shareholders, directors, officers, co-branders, content providers, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of this Agreement. This obligation will survive your use of the Site.
In accordance with the Digital Millennium Copyright Act ("DMCA"), GottaDeal.com has designated an agent to receive notifications of alleged copyright infringement associated with the Site. GottaDeal.com will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent: contact page. When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material is believed in good faith by GottaDeal.com to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with GottaDeal.com. You may want to seek independent legal counsel before filing a notification or counter-notification.
You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.