Best Buys US.com Web
Site Agreement
The
Best Buys US.com Web Site (the "Site") is
an online information service provided by
Best Buys US.com ("Best Buys US.com "),
subject to your compliance with the terms
and conditions set forth below. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. Best Buys US.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW
THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1.
Copyright, Licenses and Idea
Submissions.
The
entire contents of the Site are protected
by international copyright and trademark
laws. The owner of the copyrights and
trademarks are Best Buys US.com, its
affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may print and download
portions of material from the different
areas of the Site solely for your own
non-commercial use provided that you agree
not to change or delete any copyright or
proprietary notices from the materials. You
agree to grant to Best Buys US.com a
non-exclusive, royalty-free, worldwide,
perpetual license, with the right to
sub-license, to reproduce, distribute,
transmit, create derivative works of,
publicly display and publicly perform any
materials and other information (including,
without limitation, ideas contained therein
for new or improved products and services)
you submit to any public areas of the Site
(such as bulletin boards, forums and
newsgroups) or by e-mail to Best Buys
US.com by all means and in any media now
known or hereafter developed. You also
grant to Best Buys US.com the right to use
your name in connection with the submitted
materials and other information as well as
in connection with all advertising,
marketing and promotional material related
thereto. You agree that you shall have no
recourse against Best Buys US.com for any
alleged or actual infringement or
misappropriation of any proprietary right
in your communications to Best Buys
US.com.
TRADEMARKS.
Publications,
products, content or services referenced
herein or on the Site are the exclusive
trademarks or servicemarks of Best Buys
US.com. Other product and company names
mentioned in the Site may be the trademarks
of their respective owners.
2. Use
of the Site.
You
understand that, except for information,
products or services clearly identified as
being supplied by Best Buys US.com, Best
Buys US.comdoes not operate, control or
endorse any information, products or
services on the Internet in any way. Except
for Best Buys US.com- identified
information, products or services, all
information, products and services offered
through the Site or on the Internet
generally are offered by third parties,
that are not affiliated with Best Buys
US.com a. You also understand that Best
Buys US.com cannot and does not guarantee
or warrant that files available for
downloading through the Site will be free
of infection or viruses, worms, Trojan
horses or other code that manifest
contaminating or destructive properties.
You are responsible for implementing
sufficient procedures and checkpoints to
satisfy your particular requirements for
accuracy of data input and output, and for
maintaining a means external to the Site
for the reconstruction of any lost
data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. Best
Buys US.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND Best Buys
US.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. Best
Buys US.com DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF
THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. Best Buys US.com
HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL Best Buys US.com BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Best Buys
US.com OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, Best Buys US.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Best Buys US.com
makes no representations whatsoever about
any other web site which you may access
through this one or which may link to this
Site. When you access a non-Best Buys
US.com web site, please understand that it
is independent from Best Buys US.com, and
that Best Buys US.com has no control over
the content on that web site. In addition,
a link to a Best Buys US.com web site does
not mean that Best Buys US.com endorses or
accepts any responsibility for the content,
or the use, of such web site.
3.
Indemnification.
You
agree to indemnify, defend and hold
harmless Best Buys US.com, its officers,
directors, employees, agents, licensors,
suppliers and any third party information
providers to the Service from and against
all losses, expenses, damages and costs,
including reasonable attorneys' fees,
resulting from any violation of this
Agreement (including negligent or wrongful
conduct) by you or any other person
accessing the Service.
4.
Third Party Rights.
The
provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for
the benefit of Best Buys US.com and its
officers, directors, employees, agents,
licensors, suppliers, and any third party
information providers to the Service. Each
of these individuals or entities shall have
the right to assert and enforce those
provisions directly against you on its own
behalf.
5.Term;
Termination.
This
Agreement may be terminated by either party
without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall
survive any termination of this
Agreement.
6.Miscellaneous.
This
Agreement shall all be governed and
construed in accordance with the laws of
The United States of America applicable to
agreements made and to be performed in The
United States of America. You agree that
any legal action or proceeding between Best
Buys US.com and you for any purpose
concerning this Agreement or the parties'
obligations hereunder shall be brought
exclusively in a federal or state court of
competent jurisdiction sitting in The
United States of America . Any cause of
action or claim you may have with respect
to the Service must be commenced within one
(1) year after the claim or cause of action
arises or such claim or cause of action is
barred. Best Buys US.com's failure to
insist upon or enforce strict performance
of any provision of this Agreement shall
not be construed as a waiver of any
provision or right. Neither the course of
conduct between the parties nor trade
practice shall act to modify any provision
of this Agreement. Best Buys US.com may
assign its rights and duties under this
Agreement to any party at any time without
notice to you.
Any
rights not expressly granted herein are
reserved.
Policy updated
on July 5, 2007.
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