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BUYITMART.COM Terms of UseThank you for visiting BUYITMART.COM. By using the BUYITMART.COM website, you agree to be bound by the following terms and conditions (the "Terms of Use"). PRIVACY Please review our Privacy Policy, which also governs your visit to BUYITMART.COM, to understand our practices. COPYRIGHT AND TRADEMARKS All content included on the BUYITMART.COM site (the Site), including but not limited to its contents, coding, text, graphics, and logos, is the property of BUYITMART.COM or its content suppliers and third-party advertisers and is protected by United States and international laws. The compilation of all content on this site is the exclusive property of BUYITMART.COM and is protected by United States and international copyright laws. None of this property may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of BUYITMART.COM, its content providers, or third-party advertisers as applicable. Unauthorized use may subject you to civil and/or criminal prosecution. SITE ACCESS You agree to use the BUYITMART.COM site for its intended purpose only. That purpose is to help the users of the BUYITMART.COM site find third-party advertisers linked to the site or the read informational content displayed on the site. Site content is provided for informational purposes only and does not constitute an endorsement by BUYITMART.COM of any product, advertiser, seller, or service. This site contains links to sites, which are not maintained by BUYITMART.COM. We are not responsible and have no control over the content of those sites nor do we guarantee the content of such sites. All products, services, and deals mentioned on the BUYITMART.COM site are provided by third parties and are subject to change without notice and are subject to restrictions, limitations, availability, conditions, and qualifications. BUYITMART.COM serves as an informational service and inclusion of a link on the BUYITMART.COM site does not imply BUYITMART.COM's endorsement of the linked site nor does BUYITMART.COM accept any responsibility for the content, or the use, of the linked site. BUYITMART.COM has no control over the legality of any coupons or other offers made by third-party advertisers, the ability of any of the third-party advertisers to complete the sales or transactions in accordance with the offers, or the quality of the goods offered by the third-party advertisers. In the event you have a dispute with a third-party advertiser in any way relating to the Site or the use of information from the Site, you agree to waive and release BUYITMART.COM from any and all claims, demands, actions, damages (actual and consequential), losses, costs and expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. It is your responsibility to verify independently that any third-party advertiser you are doing business with is legitimate and reputable. Before participating in any specific offers and/or promotions, please analyze the details and conditions of the offer including the fine print. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY BUYITMART.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUYITMART.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUYITMART.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ADVERTISERABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYITMART.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BUYITMART.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUYITMART.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL BUYITMART.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE BUYITMART.COM SITE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BUYITMART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BUYITMART.COM SITE, FROM INABILITY TO USE THE BUYITMART.COM SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BUYITMART.COM SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BUYITMART.COM SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE BUYITMART.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BUYITMART.COM SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE BUYITMART.COM SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BUYITMART.COM SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BUYITMART.COM SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN STATE LAWS 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. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS OF USE, WITH BUYITMART.COM'S PRIVACY POLICY, OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. Without limiting the foregoing, under no circumstances shall BUYITMART.COM be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, terrorist acts, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. APPLICABLE LAW By visiting BUYITMART.COM, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and BUYITMART.COM or its affiliates. DISPUTES Any dispute relating in any way to your visit to BUYITMART.COM or to products you purchase through BUYITMART.COM shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate BUYITMART.COM's intellectual property rights, BUYITMART.COM may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. SITE POLICIES, MODIFICATION, AND SEVERABILITY BUYITMART.COM reserves the right to modify or revise these Terms of Use or its other policies at any time at its sole discretion for any reason without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes. Further, BUYITMART.COM reserves the right to make changes to our site, including the right to terminate with or without notice, without liability to you, any other user, or any third party. Your continued use of the Site following any changes or modifications to these Terms of Use or any other policies or the site will constitute your acceptance of such changes or modifications. INDEMNITY You agree to defend, indemnify and hold BUYITMART.COM, its owners, subsidiaries, affiliates, co-brand partners, or other partners, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site or your breach of these Terms of Use. BUYITMART.COM shall provide notice to you promptly of any such claim, suit, or proceeding. In the event of a dispute between you and a advertiser listed on the Site, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE BUYITMART.COM, ITS OWNERS, SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, LEGAL REPRESENTATIVE AND EMPLOYEES FROM CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. GENERAL If any provision of these Terms of Use is held to be invalid, void, or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. ASSIGNMENT You agree that these Terms of Use and all agreements and notices incorporated herein may be automatically assigned by BUYITMART.COM, in our sole discretion, to a third party. ADDRESS Notices to BUYITMART.COM can be sent to the following address: | ||||||||||
without the express, written permission of BUYITMART.COM.