Our Terms Of Service Agreement
Last Updated: 02/01/07
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ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT:
This Agreement governs your use of this web site. Please review the following
terms carefully before using the web site. By using the web site, you are
consenting to the terms and conditions of this Agreement and the Privacy
Policy. If you do not consent to the terms and conditions of this Agreement,
then do not use the web site. We may modify the terms and conditions of this
Agreement at anytime, if so, we will post the modified terms back to this page.
This Agreement supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the web site,
the content, products or services provided by the web site, and the subject
matter of this Agreement. This Agreement and the relationship between User,
Company, and Client shall be governed by all applicable laws. All services
provided are "AS IS." We expressly disclaim all warranties or conditions of any
kind, implied or statutory, including without limitation the implied warranties
of title, noninfringement, merchantability, and fitness for any particular
purpose. We do not warrant or ensure the continuous availability of our
services.
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ORDER ACCEPTANCE:
Please note that there may be certain orders that we are unable to accept or must cancel.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
For your convenience, you will not be charged until your payment method is authorized, the
order information is verified for accuracy and your order is shipped. Circumstances that
may result in your order being canceled include limitations on available quantities,
inaccuracies or errors in product or pricing information, or problems related to credit authorization
or fraud. We also reserve the right to require additional verifications or information before accepting any order.
We will contact you if all or any portion of your order is canceled or if additional information is required
to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to
your credit card in the amount of the charge.
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LIMITATION OF LIABILITY:
Under no circumstances shall NewBargains.com be liable for any direct, indirect,
incidental, special, pinitive, or consequential damages, or damages resulting
from the use of, or the inability to use this web site, or services of this web
site, or damages resulting from unauthorized access to or alteration of
member's transmissions of data, or damages including but not limited to loss of
profits, use, data or other intangibles, even if we have beend advised of the
possibility of such damages. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not be applicable. In no event shall our total
liability to you for all damages, losses, and causes of action whether in
contract, tort (including, but not limited to negligence), or otherwise exceed
the amount paid by you, if any, or $50 (whichever is less) for accession or
participation in any activity related to this web site.
The user agrees to indemnify and hold NewBargains.com, its parents, subsidiaries,
affiliates, officers, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of user's use of this web site, the violation or infringement of the terms
of service by the user, of any intellectual property or other right of any
person or entity. You specifically acknowledge and agree that NewBargains.com is not
liable for any defamatory, offensive or illegal conduct of any user. If you are
dissatisfied with any services offered on this web site, or with any of this
web sites terms and conditions, your sole and exclusive remedy is to
discontinue using the web site.
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COPYRIGHTS:
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to this web site are protected
under applicable copyrights, trademarks and other proprietary (including but
not limited to intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of this web site is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through this web site. The posting of
information or materials on this web site does not constitute a waiver of any
right in such information and materials. Some of the content on this web site
is the copyrighted work of third parties.
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TERMINATION:
We may terminate this agreement at any time, for any reason, without notice. In
the event of termination, you are no longer authorized to access any part of
this website by such cancellation or termination. The restrictions imposed on
you with respect to material and services from this web site, and the
disclaimers and limitations of liabilities set forth in these Terms of Service,
shall persist.
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DISCLAIMERS:
You expressly agree that the use of this website is at your sole risk. Due to
the existing legal and technical environment of the internet, we cannot ensure
that all of your private communications and other personally identifiable
information will not be unexpectedly disclosed. We do not represent or warrant
that this web site will be error-free, free of viruses, or that defects will be
corrected. We do not represent or warrant that the information or ideas
available on or through this web site will be correct, accurate, timely or
otherwise reliable. We may make changes to the features, functionality or
content of this web site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on this web site. This web site may provide links to third party web
sites. We make no representations as to the quality, suitability, functionality
or legality of any of these sites, and you hereby waive any claim you might
have against NewBargains.com with respect to such sites.
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AMMENDMENTS:
This Agreement may be amended by us from time to time without sending any
emails or specific notice to you. Any changes or updates to this Agreement will
be posted back to this page, and should reviewed prior to using our website.
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I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL
OF ITS TERMS.
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