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PLEASE READ THE FOLLOWING USER AGREEMENT IN ITS ENTIRETY (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) BEFORE USING THE UNDERGROUND BARGAINS (UB) WEB SITE OR USING ANY OTHER SERVICES.
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| By using the undergroundbargains.com Web site, you agree to the terms of this User Agreement. If you do not agree to the terms of this User Agreement, you may not use the UB Web site. We reserve the right, at any time, to modify, or update the User Agreement, and you agree to be bound by such modifications or updates once they are posted on the UB Web site. |
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| 1. Significance of Placement |
Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our product offerings, but in no event does any such payment affect the results given to any participating online shopper.
Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant product offering. |
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| 2. Consumer Reviews |
The product or consumer reviews on our site are comments received from actual customers - who have elected to post a review on our site. As such, these reviews are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or product or other third party in any given transaction.
Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, and may also purchase research from us, but in no event does any such payment affect the reviews given to any merchant by participating online shoppers.
Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant or product offered. Furthermore, users agree not to post any blog or review that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content for our general shopping audience. By posting a blog or product review, the poster thereby represents that the review is based upon an actual online shopping experience with the merchant or product being reviewed. |
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| 3. Legal Disclaimer |
Underground Bargains shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on UB's Web site, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on UB's Web site. The information, services, products and materials contained in this Web site including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis. To the maximum extent permitted by law, UB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, as well as warranties of title, non-infringement, freedom from computer operating problems, and implied warranties arising from course of dealing or course of performance.
In addition, since UB cannot verify all information provided by online merchants and other third parties, UB does not represent or warrant that the information accessible from the Web site or other services is always accurate, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information pertaining to the price, description and availability of, or any discounts, promotions or coupons relating to, any product or service available on the UB Web site. Because of the nature of online shopping, all information is subject to change without notice. UB SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY SUSTAINED THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE USE OF ANY THIRD PARTY PRODUCTS OR SERVICES. |
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| 4. Liability Limitations |
| In no event shall Underground Bargains or its affiliates or agents (the "UB Parties") be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from the UB Web site or through our other services, in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more UB Parties is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if the value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate. You and we agree that this is a fair allocation of risk based upon the method and cost by which UB's services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online.FURTHERMORE, IN NO EVENT SHALL UB OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. |
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| 5. Third-Party Sites |
Our Web site, surveys, or other services may include links to other sites on the Internet that are owned and operated by online merchants, and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content on a linked Web site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site.
On the UB site, we may provide information from a reputable third-party source of specialized information and other content so that you can quickly and easily make informed decisions about products and services. In these areas, UB will note that the services are "Powered by" or "By" the third party. This indicates that the content resides on the third party's servers and your use of those services is governed by that company's privacy policies and terms of use, which you can access at the bottom of each page on their Web site. We recommend that you always review their privacy policies and terms of use before you complete any transaction with them. This User Agreement (other than our privacy policies) also apply as between the User and UB with respect to the User's use of those third-party services through our site. |
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| 6. Dispute Resolution |
| We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any claim or controversy between us, or arising in any way out of the use or operation of our Web site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA) in Dallas, Texas, under the rules and procedures of the AAA. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in Dallas, Texas pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder. |
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| 7. Other Terms |
| The UB Web site and other services are operated and provided in the State of Texas, USA. As such, we are subject to the laws of the State of Texas, and such laws will govern this User Agreement, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site or other services, you agree to do so subject to the internal laws of the State of Texas. You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. We do not guarantee continuous, uninterrupted or secure access to our Web site or other services, and operation of our Web site or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of this User Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. You agree that this User Agreement and any other agreements referenced herein may be assigned by UB, in our sole discretion, to a third party in the event of a merger or acquisition. This User Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a UB Member or participation in any other program or service offered by UB. |
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| 8. Copyright and Trademark Information |
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and design thereof is © 2008-2009 U39, Inc. / UndergroundBargains.com, with all rights reserved, or is the property of third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Web site for the sole purpose of using this site as a shopping/selling resource. Any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of UB is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of UB.
"Underground Bargains" and undergroundbargains.com are proprietary service and trademarks of U39, Inc. UB's service marks/trademarks may not be used in connection with any product or service that is not provided by UB, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UB.
All other trademarks displayed on UB's Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between UB and these companies.
UB disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We respect all copyrights and will respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following department to request a review of the alleged infringement:
Attn: Compliance Department
Underground Bargains / MyNet Universe
4455 LBJ Freeway, Suite 909
Dallas, TX 75244
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Copyright © 2008 - 2009 U39, Inc. All Rights Reserved. |
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