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Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims are resolved and contains an agreement to arbitrate,which requires you to submit claims against Nextag to binding and final arbitration. You also agree to pursue claims against Nextag on an individual basis,not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary,injunctive,and declaratory relief) on an individual basis.
The Websites act as online marketplaces for you to find and interact with merchants,sellers or service providers ("Sellers") that advertise products or services on the Websites. Sellers that list products or services on the Websites pay Nextag a fee based on referrals of users,and may pay fees for promotional opportunities on the Websites,such as premium marketing messages or premium sponsored seller advertising locations.
Nextag is not a seller or merchant and does not sell any products or provide any of the services advertised on the Websites (other than the Service) and is not a party to any transaction you make with a Seller. Nextag is not acting as an agent of sale or an agent of any Seller. Nextag does not have any responsibility for,or liability related to,any product or service listed on the Websites. You should direct any questions,complaints or claims related to any product or service to the appropriate Seller. Nextag does not endorse,warrant or guarantee the products,services or performance of any Seller.
Nextag does not warrant or guarantee that prices,shipping costs,taxes,products or descriptions,or any other content on the Websites,is accurate,complete,current or error-free. Website content is provided for informational purposes only and Nextag shall have no liability for inaccuracy or incompleteness in product or service content,price or availability,user ratings or commentary,or other content on the Website. If there is any discrepancy between information on the Websites and information on a Seller?s site,the information on the Seller?s site shall govern.
Nextag is not liable for any delay,inaccuracy,error or omission in information or the transmission of all or any part thereof,for any damage arising therefrom,or for the results obtained from the use of the information. Nextag is not liable for any act or omission of any Seller. You assume the entire risk as to the accuracy,adequacy,completeness,currency,validity and quality of any information relating to the Services.
Nextag may,in its sole discretion,alter,modify,amend,update,or otherwise change,any information displayed on the Websites without notice and for any reason,including but not limited to effecting compliance with its then-existing policies.
The Websites may be accessible to you through certain mobile carriers (the "Mobile Services"). While Nextag currently does not charge for the Mobile Services,your carrier's normal messaging,data,and other rates and fees will still apply. By using the Mobile Services,you acknowledge that certain information about your usage of the Mobile Services may be communicated to Nextag.
Sellers conduct transactions through their own stores,and you will be directed to the Seller?s website (such as by following a link from the Websites to the Seller?s website). Any transaction or other interaction between you and the Seller on or through the Seller?s website,offline store or other means will be pursuant to any terms or agreements made available by the Seller.
We may allow checkout or payment processing features on the Websites to facilitate your purchase of products from Sellers. These checkout or payment processing services are provided by one or more third party service providers,and all sales are sales by the Seller. Your use of the checkout or payment processing features is subject to the terms and conditions provided by the third party service providers and you should refer to those terms and conditions for more information.
Nextag does not control the business practices of Sellers,and you agree to notify Nextag at BuyerSupport@nextag.com of any activity of a Seller that you believe is fraudulent,deceptive,or misleading.
In all cases,transactions are entered into between you and the Seller,and neither Nextag nor any of its co-branded partners,licensees or affiliates (collectively "Partners") shall assume any liability,obligation or responsibility in connection with any transaction between you and any Seller.
By participating in any transaction involving or resulting from your use of the Service,you acknowledge and agree that this Agreement and any terms of service or other policies established by third parties shall govern all transactions in which you participate through the Service.
Nextag and its Partners may provide links to external websites or resources (which are not the Websites) for your convenience and reference only. Nextag and its Partners do not control or endorse and are not responsible for the availability of or your experience on these external websites or resources or for any content,advertising,products,or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. Once you link to an external website,you understand that you should read and understand that website?s privacy statement and other conditions of use.
You must register as a Member with Nextag to access certain functions of the Website. You must provide certain current,complete,and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You may not use the Websites and Service if your Nextag account has been suspended. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. Nextag and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify Nextag immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to BuyerSupport@nextag.com.
All of the material included on the Websites or provided in the Service,including but not limited to trademarks,text,graphics,logos,service marks,and copyrights (collectively,the "Content"),is the property of Nextag or other parties. U.S. and international copyright laws protect all Content available on the Websites. Your use of the Service and the Content does not transfer to you any ownership or other rights in or related to the Service or the Content. You may download Content displayed on the Websites for your personal,noncommercial use only,provided you also retain all copyright and other proprietary notices contained on the Content. You may not use,modify,copy,distribute,transmit,display,publish,sell,license,or create derivative works using any of the Content for commercial or public purposes. You may not use or access the Services for commercial or public purposes.
Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.
In addition,the following rules apply to your use of the Service:
You must not: use the Service for any illegal purpose or for the transmission of any material that is unlawful,harassing,libelous,invasive of another's privacy,abusive,threatening,harmful,vulgar,obscene,tortious,or otherwise objectionable,or that infringes or may infringe the intellectual property or other rights of another;(ii) directly or indirectly interfere or attempt to interfere with the proper working of any of the Websites,any account,or any communication or transaction being conducted on our Websites;(iii) use any robot,spider,scraper,other automatic device,or manual process to monitor or copy our web pages or the Content for any purpose without our prior expressed written permission or violate the restrictions in any robot exclusion headers on the Websites or bypass or circumvent other measures employed to prevent or limit access to the Websites;(iv) take any action which imposes an unreasonable or disproportionately large load on our infrastructure,(V) use or disclose (to anyone except Nextag where legally permitted) any information you obtain about or from other users of the Service,or that you obtain from Nextag if such information is marked confidential,for any purpose except fulfillment of orders initiated by the users or negotiating prices with the users,(vi) conduct fraud,hide or attempt to hide your identity,represent yourself as someone else,or manipulate or attempt to manipulate prices,compromise or attempt to compromise the security of any account,interfere or attempt to interfere with the proper working of the Service,(vii) send unsolicited email or advertising to any known user or (viii) use the Services other than for personal,non-commercial purposes unless specifically approved in writing by Nextag,in its sole discretion.
You and other users may post content or view content posted by others on the Service. Nextag does not undertake any obligation to monitor such content and is not responsible for,and does not endorse,any content posted by any user.
You may submit reviews to describe your shopping experiences with products or with Sellers. In submitting your reviews:
You agree to indemnify and hold Nextag,its subsidiaries,affiliates,officers and employees,and service providers harmless from any claim or demand,including reasonable attorneys' fees,made by any third party due to or arising out of (i) your use of the Service or the content therein,(ii) the violation of this Agreement by you,or (iii) the infringement by you,or other user of the Service using your computer,of any intellectual property or other right of any person or entity. Even though prohibited,users may provide information that is offensive,false,harmful,or deceptive. Nextag and its service providers assume no responsibility whatsoever for such content or actions.
WHILE NEXTAG TAKES REASONABLE STEPS TO SAFEGUARD AND TO PREVENT UNAUTHORIZED ACCESS TO YOUR INFORMATION AND REGISTRATION DATA,WE CANNOT BE RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS,AND WE MAKE NO REPRESENTATION,WARRANTY,TERM,OR CONDITION,EXPRESS,IMPLIED OR OTHERWISE,THAT WE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PRIVATE INFORMATION. IN NO EVENT SHALL NEXTAG BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL,DIRECT,INCIDENTAL,INDIRECT,PUNITIVE,SPECIAL OR OTHERWISE) ARISING OUT OF,OR IN ANY WAY CONNECTED WITH,A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA,REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT,STRICT LIABILITY,TORT OR OTHER THEORIES OF LIABILITY,AND ALSO REGARDLESS OF WHETHER NEXTAG WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
NEXTAG AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT,INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE,ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE,OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,INCLUDING BUT NOT LIMITED TO,DAMAGES FOR LOSS OF PROFITS,USE,DATA OR OTHER INTANGIBLE,EVEN IF NEXTAG OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NEXTAG AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS,PROCEEDINGS,LIABILITIES,OBLIGATIONS,DAMAGES,LOSSES,AND COSTS,WHETHER IN CONTRACT,TORT OR UNDER OTHER FAULT OR WRONGDOING BY NEXTAG OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER NEXTAG OR ITS SERVICE PROVIDERS ARE RESPONSIBLE,IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NEXTAG FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
YOU HEREBY RELEASE,REMISE AND FOREVER DISCHARGE NEXTAG,ITS SUBSIDIARIES AND AFFILIATES,ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS,OFFICERS,AGENTS,EMPLOYEES,INFORMATION PROVIDERS,SERVICE PROVIDERS,SUPPLIERS,LICENSORS AND LICENSEES,AND ALL OTHER RELATED,ASSOCIATED,OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS,CLAIMS,COMPLAINTS,DEMANDS,CAUSES OF ACTION,PROCEEDINGS,LIABILITIES,OBLIGATIONS,LEGAL FEES,COSTS,AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING,WHETHER KNOWN OR UNKNOWN,WHICH NOW OR HEREAFTER EXIST,WHICH ARISE FROM,RELATE TO,OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. If you are a California resident,you waive California Civil Code §1542,which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release,which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect.
If you breach any provision of this Agreement,you may no longer use the Service. Nextag may,in its sole discretion,change,suspend,or terminate,temporarily or permanently,the Service or any part of it at any time,for any reason,without notice to you and without liability to you or any other person. If Nextag terminates this Agreement for any reason,it continues to apply and bind you with respect of your prior use of the Service,including payment of any charges accrued in connection with use of the Service. Upon termination,Nextag may remove from the Websites and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
In the event of a dispute,you and Nextag agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a Dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association,335 Madison Ave.,Floor 10,New York,NY 10017-4605(http://www.adr.org),the National Arbitration Forum,Box 50191,Minneapolis,MN 55405-0191(http://www.arb-forum.com),or JAMS,Two Embarcadero Center Suite 1100 San Francisco,CA 94111(http://www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. You and Nextag shall agree on one arbitrator to conduct the arbitration. The arbitrator shall apply governing substantive law in making an award. In any arbitration,Nextag will pay the filing,administration,service or case management fee,plus the costs associated with the first day of arbitration,with the remaining costs to be paid by the non-prevailing party. Nextag will pay additional arbitration expenses to the extent that the arbitrator determines that Nextag must in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney,expert and other fees,unless awarded by the arbitrator under applicable law.
The arbitrator's award is final and binding on all parties. The Federal Arbitration Act,and not any state arbitration law,governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause,other than waivers of class action rights,is deemed or found to be unenforceable for any reason,the remainder remains enforceable.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NEXTAG WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED,YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST NEXTAG INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION,THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT,WIS. STATS. 426.110.
The Websites are venues that,among other things,allow Sellers to post product and service information for review by interested consumers and allow consumers to provide information and feedback on Sellers,products and services. If you believe that a Seller or other user has acted in connection with the Websites in a way that infringes your trademark or copyright,Nextag encourages you to resolve your dispute directly with the Seller or user. Sellers or users may have placed the same or similar information or content on other websites or media,and working directly with the Seller or user will often be the most effective way to resolve your dispute. Nextag does not control and has no responsibility for content that appears on,or products or services sold or offered on or through,third party websites that may be accessed through the Websites,and you should contact third-party sites directly to resolve any disputes that you may have with them.
To provide a notice of copyright or trademark infringement relating to the Websites,please provide the following information to Nextag?s Copyright Agent:
All correspondence regarding intellectual property matters should be sent to Nextag's Copyright Agent at:By mail
Except as stated otherwise,any notices shall be given by postal mail to Nextag Inc.,Attention: Legal Department, 555 Twin Dolphin Drive, Suite 370, Redwood City, CA 94065
We provide our Service online,and you will interact with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Websites. You agree that all agreements,notices,disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications and/or agreements be in writing.
The Agreement comprises the entire agreement between you and Nextag and supersedes all prior agreements regarding the subject matter contained herein. Nextag may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective,you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms,then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (i) acknowledgment by you of this Agreement and its amended terms;and (ii) agreement by you to abide and be bound by the Agreement and its amended terms.
This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law,then such provision(s) shall be construed,as nearly as possible,to reflect the intentions of the parties with the other provisions remaining in full force and effect. Nextag's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nextag in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
If you are a California resident,you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street,Sacramento,CA 95814,or by telephone at (800) 952-5210. The Services are provided by NexTag Inc., 555 Twin Dolphin Drive, Suite 370, Redwood City, CA 94065,(650) 293-0424.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.