We may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. You are responsible to regularly review the Terms.
2. On-line Information, Products and Services
This Site operates as an on-line venue for you to find information, products and services targeted to your interests. Referrals and recommendations are provided by users, third party experts and advertisers. The products and services displayed on our Site are offered by various merchants and sellers ("Sellers"). We do not sell products or services directly and we will not be a party to any transaction you engage in with a Seller. From time to time, we may work with a single reputable third-party as the only Seller for goods and services on the Site. In that case, the Home page will display a note that the services are "Powered by" or "By" the third-party.
Participating Sellers and other third parties may pay us to have their product or service offering displayed on the Site, but this does not mean that we are responsible for their practices. We do not recommend, guarantee or endorse any product or service. We may also place information on the Site that we have determined, in our sole discretion, will be useful to you, such as general tips for choosing products that work best for certain conditions or in certain environments. By doing so, we are not recommending, guaranteeing or endorsing any particular product.
We have no control over the accuracy or truth of Sellers' product or service claims, or the quality of any products or services you receive. We cannot ensure that information on the Site is always accurate, complete or current. There may be content provided or generated by Sellers or users that is intentionally or accidentally incorrect. We are not responsible for inaccuracies, errors or omissions in the product or service descriptions, pricing or any discounts, offers, promotions or coupons for any product or service listed on the Site.
We are not obligated to screen user reviews, third party opinions or other postings, including product or service postings, in advance and are not responsible to do so. You agree that we may monitor the Site electronically from time to time in our sole discretion, and to disclose any information necessary or appropriate to operate the Site, to protect ourselves, our users and/or Sellers, or to satisfy any law or other governmental requirement or request.
3. Forum Rules
Our users post information, commentary, and opinions in Forums on the Site. You are responsible for any content you post or submit. Your postings may not include material that is offensive, vulgar, indecent and/or objectionable. You agree to conform to the Forum Rules and any Site guidelines concerning the, length, format, subject, content, or relevancy of posted content, including but not limited to the guidelines for User Reviews.
We will attempt to keep postings that do not comply with the Forum Rules off the Site, but we cannot review every posting. We reserve the right (but assume no obligation) to edit, redact or delete posted content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion and convenience. If you post or submit content that violates our rules or any applicable local, national, and international laws and regulations, you will be subject to sanctions, including termination of your user rights
We are not responsible for the accuracy, usefulness or safety of or relating to content posted by users. Postings reflect the views of the author and neither the Site or NameMedia may be held responsible for the content of any posting.
4. Third Party Sites
The Site contains links to Sellers' websites and to other sponsored third party websites that we do not own or manage. We do not review or edit the content of any Seller or other third party websites or links, and we have no control over what happens at any third party website. We assume no responsibility for the content, policies or practices of Sellers or any other sponsor or third party websites. You understand that information that you access through the Site is the sole responsibility of the Seller or other third party from who the content originated, including reviews generated by other users. You assume the entire risk as to the accuracy, adequacy, completeness and quality of any product or service you choose to purchase and the information related to it. You expressly agree to release us from any liability that arises from your use of a third party website, a user review, or engaging in a transaction with a Seller.
We may, from time to time, transmit credit card information from you to Sellers or to third parties designated by Sellers for transactions. We do not maintain any credit card information after we transfer it.
6. User Reviews
To the extent that users have the opportunity to review products or services on the Site, such opinions are those of users and are not the responsibility of the Site. However, users must comply with the following guidelines for initiating any review:
- A user may only post a review based upon a personal online shopping experience with the Seller or with the product or service.
- By posting a review, a user irrevocably assigns all copyright and other intellectual property rights in the review to the Site.
- A user has no right to have his/her review published on the Site, or if it is published, continued to be published on the Site.
Users may NOT
- attempt to distort another's review or post any review that is false or misleading;
- use material in a review that contains ethnic slurs or profanity, or is otherwise offensive or inappropriate;
- use material that infringes on another's rights
- use a review to make a personal attack upon an individual.
We may publish user reviews in our sole discretion. We reserve the right to edit reviews. We may also remove or alter the content of any review in violation of our guidelines or otherwise offensive. Our decisions in this regard are final.
7. Copyrights; Trademarks
The contents of the Site, including but not limited to trademarks, service marks, text, graphics, site design, interfaces, logos, icons, data compilations, content provided by RSS feed or other web feed, or content or software used in or provided through the Site, including trade names, trademarks, service marks, logos, domain names or other features of any of our brands or those of the Sellers or advertisers ("the Material"), is protected by U.S. and international copyright and other intellectual property rights of ours, our suppliers or Sellers. All rights are reserved. Unauthorized use of the Material may violate others' intellectual property rights and the law. Regardless of the extent to which Material is protected by copyright, you may not use or modify the Material in any form or media for public or commercial purposes.
We respond to notices of copyright infringement, including violations of the Digital Millennium Copyright Act.
If you believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or works claimed to have been infringed,
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent for the Site to receive notifications of claimed infringement is: DMCA Agent, 230 Third Avenue, Waltham, MA 02451, U.S.A. OR Kindly send notices of claimed infringement to: DMCA Agent, 230 Third Avenue, Waltham, MA 02451, U.S.A You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
8. Prohibited Conduct
You may not use any automated process or services to access and or use the Site, including any robot, spider or other similar process. You may not use any means to directly or indirectly modify the Site, disable, overburden or interfere with the operation of the Site. If you violate these Terms, we may require you to remedy the violation, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies. We reserve the right to terminate your access to and use of the Site at any time, at our sole discretion for any reason, with or without cause.
9. Legal Age; Ability to Accept Terms
The website is not for children 18 or younger. By using the Site, you affirm that you are more than 18 years of age. If you are under 18, you may not use the Site.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO WHETHER THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT AND SERVICES DISPLAYED ON THIS SITE WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON USER REVIEWS OR ANY OTHER INFORMATION OBTAINED FROM OR THROUGH THE SITE OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, EVEN IF THEY WERE ACCESSED THROUGH THE SITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITE AND THE PRODUCTS AND SERVICES DISPLAYED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE, AND DO NOT WARRANT THAT THE PRODUCT AND SERVICE DESCRIPTIONS OR OTHER CONTENT ON THE SITE, INCLUDING USER REVIEWS AND FORUM CONTENT, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM WE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SITE OR ANY TRANSACTIONS ENTERED INTO FOR PRODUCTS OR SERVICES WITH SELLERS, WHETHER THE DAMAGES ARISE FROM YOUR USE OR MISUSE OF THE SITE, DISSATISFACTION WITH THE PRODUCT OR SERVICE, A FAILURE OF THE PRODUCT OR SERVICE TO FUNCTION PROPERLY, MISUSE OF YOUR CONFIDENTIAL INFORMATION BY A SELLER, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS 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.
You agree to indemnify and hold NameMedia, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any claims and expenses, including reasonable attorney's fees and court costs, as a result of or relating to any dispute that may arise relating to a transaction with a Seller or from your breach of the Terms.
12. Reservation of Rights.
You may access and use this Site only as permitted under the Terms. We reserve all rights not expressly granted in and to the Site. We reserve the right to discontinue any aspect of the Site at any time.
We may change the manner, mode or extent of sponsored content, advertising or promotions on the Site or offered by the Site without specific notice to you.
The Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its provisions on conflicts of laws. The Terms contain the entire agreement between you and us and govern your use of the Site. Any claim or dispute with NameMedia arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Massachusetts. If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. You understand and agree that if you have any claim or dispute with the Site or Name Media, you are required to initiate any cause of action arising from or related to your use of the Site within one year from the date that the dispute first occurred. If you fail to bring an action within that one year period, your claim against the Site and/or Name Media is permanently barred. Additional and/or different terms and conditions apply when you use or purchase products or services from Sellers. If you engage in any transaction with a Seller, that Seller's terms and privacy policies control in the transaction.
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