Terms of Service

PLEASE PROMPTLY STOP USING THIS SITE IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THESE TERMS OF SERVICE.

  1. Asking a Question or Reporting a Violation.

    Contact our legal department if you need to report a Terms of Service violation or ask a question about the Terms of Service.

  2. Definitions.
    • "Terms of Service" means all terms contained in this agreement as well as this site's privacy policy and all other guidelines posted anywhere on Net Bargains.
    • "Using" Net Bargains is defined as accessing, browsing, crawling, scraping, or performing any other activities that connect to or make use of Net Bargains in some way.
    • "Content" refers to any form of media or data, including but not limited to text, photos, graphics, audio, and video.
      • USER CONTENT: All content submitted to Net Bargains or made available by users, collectively.
      • YOUR CONTENT: All content that you submit or make available, including but not limited to reviews, ratings, compliments, information, and invitations displayed as part of your profile.
      • THIRD PARTY CONTENT: All content created or made available by data providers who license data to Net Bargains for use on the site, or other parties other than Net Bargains or its users.
      • Net Bargains CONTENT: All content created or made available by Net Bargains.
      • SITE CONTENT: All types of content, collectively.
    • "You" and "your" refer to the user who is reading this agreement.
    • "We" and "us" refer to Net Bargains.
  3. Eligibility.

    You must be at least 18 years old and a United States resident to use this site. If you use Net Bargains for any business entity, you must be an authorized representative of that entity and you agree to bind that business to these Terms of Service. If you do not meet these user eligibility requirements or if you do not have the authority to bind your company to these terms of service, you may not use this site.

  4. Permission to Use.

    We grant you permission to use Net Bargains under the restrictions described in these Terms of Service. You may at times be exposed to indecent, offensive, inaccurate, objectionable, and/or content that is otherwise inappropriate. We do not vouch for the accuracy of such content, and we do not encourage or endorse it.

  5. Restrictions.

    You agree that you will not directly or indirectly encourage or participate in any of these activities:

    1. Use Net Bargains to stalk, defraud, threaten, harass, or otherwise harm any other person.
    2. Attempt to gain unauthorized access to any part of the site, including computer systems, user accounts, or networks connected to the site, using password mining, hacking, or any other illegal or unethical methods.
    3. Violate the Net Bargains Terms of Service or any applicable law.
    4. Use the site for bigoted or discriminatory purposes.
    5. Create excessive network traffic.
    6. Use Net Bargains to affect natural search results in any way, for example, by keyword spamming.
    7. Alter or omit any part of Net Bargains's copyright, trademark, or other proprietary rights notices on anything you copy, print, or distribute from the site.
    8. Remove, circumvent, disable, interfere with, or damage any of this site's security features, including but not limited to those that prevent unauthorized copying of site content or those that limit site use.
    9. Use Net Bargains to submit, display, or transmit illegal or pornographic content.
    10. Use Net Bargains in any way that might create a conflict of interest or the appearance of a conflict of interest, for example, soliciting reviews or trading reviews with other businesses.
    11. Use Net Bargains to solicit information from minors or cause harm to minors.
    12. Reverse engineer any part of Net Bargains, except as permitted by law.
    13. Use the site to crack passwords or encryption codes, disrupt or interfere with security, or for any purposes that interfere with security or cause harm to the site or site content.
    14. Use Net Bargains or site content to transmit destructive items such as viruses, worms, or Trojan horses (collectively, "viruses").
    15. Use any software or device to cause the site to work in a way that is different from the way in which we intend for it to work.
    16. Exploit the site or site content (other than your content) through modification, adaptation, translation, sale, reproduction, distribution, trade, or creation of derivative works or adaptations of site content or the site itself.
    17. Mine site data, or process or record any data about Net Bargains or its users.
    18. Access, index, or scrape this site or any of its content using any automatic or partially automatic method or process as a means to (a) frame or reformat any part of Net Bargains, (b) build, develop, or populate a database of business-focused reviews, or (c) take any action that will impose, or, in the siteís opinion, may possibly impose an unreasonable load on our systems.
    19. Use Net Bargains in a manner that violates the rights of other users or third parties. This includes all rights, proprietary or intellectual, including but not limited to confidence, copyright, privacy, moral, patent, trademark, trade secret, and publicity.
    20. Use Net Bargains for commercial or promotional purposes not expressly allowed by the site.
  6. User Accounts.

    To access certain features of Net Bargains, you may need to log in using a Facebook account. If you do not have a Facebook account, you will have to create one. You are responsible for keeping your account password secure and for any activity associated with your account. You agree to notify us immediately if you are aware of or suspect unauthorized use of your account.

    • Personal Accounts: Accounts that you use for your own personal, non-commercial purposes. To ensure your credibility as a site contributor, you agree to provide accurate and complete information about yourself when creating your personal account. You may not create multiple personal accounts or provide another personís e-mail address or impersonate another person in any way.
    • Business Accounts: Accounts that you use solely for representing a business. To create an account for your business, you must be an authorized representative of the business, and you must register using a Facebook account. You agree to submit accurate and complete information about yourself and the business when creating your business account. You may not create more than one business account for the same organization or register business e-mail addresses that you do not have permission to register.
  7. Content and Responsibility.

    Your content is solely your responsibility. Net Bargains bears no liability for your content. You assume any and all risks associated with your content, including but not limited to reliance on accuracy, completeness, or usefulness and disclosures that reveal your identity. You may not imply in any way that your content is endorsed or sponsored by Net Bargains. Upon posting content on Net Bargains, you represent that you own the posted content or you have permission to use it and to authorize its use for any other purpose.

    You may be exposed to liability if (a) your content violates any third-party right, including but not limited to rights involving copyright, privacy right, publicity right, trade secret, patent, trademark, moral right, or any other right, intellectual or proprietary; or (b) your content contains information that is false or intentionally misleading, defamatory information, information containing pornography or hate speech, information that harms or exploits minors, unlawful information, or information that violates or encourages others to violate laws or regulations.

  8. Content Permissions.

    Your content may be displayed on Net Bargains, incorporated into other works, used for promotion, used to create derivative works, distributed, or used for any other lawful purpose. Others may also do the same in connection with their own websites or media platforms ("other media"). By posting your content or otherwise making it available, you grant irrevocable permission to use your content for any purpose and you consent to waive any moral rights, attribution claims, and assertions for your content. You also agree to grant access to your content to Net Bargains and users of other media in connection with their use of the site and any other media.

  9. Content Uses.

    You do not own rights or any entitlements to compensation for advertisements that run alongside your content or anywhere else on the site. Advertising manner, mode, and extent are subject to change without notice.

    We may remove or reinstate user content at any time and for any reason at our discretion. Specifically, we may remove content that is determined to violate our Terms of Service or that we believe to be inappropriate.

    To help distribute content widely and easily, some of the site content (also "feed content") is made available through Real Simple Syndication (RSS) and Atom feeds (collectively, "feeds"). Users may access feeds to display feed content on their computers, handheld devices, or websites, provided that (a) such use is personal and not commercial, (b) displayed feeds link back to relevant pages on the site and attribute Net Bargains as the source, (c) you do not suggest through use or display of Feed Content that Net Bargains endorses or promotes any third-party causes, products, ideas, websites, or services, (d) you do not redistribute the feed content, and (e) Net Bargains's systems are not overburdened by your accessing the feeds. We reserve the right to terminate access to any feed at any time and for any reason.

  10. Unauthorized Access.

    We strictly and expressly forbid unauthorized access to Net Bargains. We reserve the right to use any means necessary to prevent unauthorized access, including but not limited to mapping IP addresses, contacting your Internet Service Provider (ISP), and using technological or programmatic obstructions.

  11. Investigations.

    Net Bargains is under no obligation to monitor the site or its Content. However, if we believe a possible Terms of Service violation has occurred, we reserve the right to investigate, contact appropriate law enforcement personnel as necessary, and/or block you from the site. In compliance with the Privacy Policy listed on this page, information may be prudently disclosed, including some or all of your content.

  12. Third Parties.
    1. You may see links to other websites ("third party sites"). Responsibility for third party content lies with third party sites and not with us. Third party sites are not controlled by, endorsed by, or affiliated with Net Bargains.
    2. Some of Net Bargains's features are powered by Google, Inc. Use of these features is governed by our Terms of Use and Google.com's Terms of Use, which reside at http://maps.google.com/help/terms_maps. Other features are powered by The Microsoft Corporation. These features are governed by their terms of use, located at http://go.microsoft.com/fwlink/?LinkId=21969. Microsoft Corporation's privacy policy is located here: http://go.microsoft.com/fwlink/?LinkId21970. These URLs might have been changed.
  13. Account Termination.

    We may, at any time and for any reason or no reason, terminate or indefinitely suspend your account or access to the site without notice or liability. For example, if we suspect that you are involved in illegal activity or you are found to be in breach of these Terms of Service, we may terminate or suspend your account. If your account is terminated or suspended, you will be prevented from accessing your account, your content, the site content, and/or any related data.

  14. Site Availability.

    We reserve the right to update, change, or discontinue Net Bargains at any time, for any reason, at our discretion, without notice or liability.

  15. Ownership.

    Net Bargains content elements include interactive features, computer code, products, compilations, visual interfaces, graphics, designs, software, aggregate user reviews and ratings, and all other elements of Net Bargains, including user and third-party content. These elements are owned by Net Bargains. Changing, distributing, reproducing, publicly displaying, creating derivative works or adaptations, or exploiting the Net Bargains content, in whole or in part, is prohibited unless expressly authorized by the site. No express or implied rights are provided to users, other than those provided by these Terms of Service. We retain all rights in and to Net Bargains and all site content. Also, all copyrights, trademarks, service marks, trade names, and intellectual and proprietary rights throughout the world ("IP Rights") that are associated with Net Bargains in any way, whether with its content or with the site itself, are also owned by the site, except where otherwise noted. These IP Rights are protected by trademark, patent, and trade dress laws, and all applicable intellectual and proprietary rights and laws.

  16. Feedback.
    1. Site Enhancements or Suggestions. If you think of ways in which Net Bargains could be improved, use our "Contact Us" form. By sending us feedback in any form (for example, suggestions, ideas, requests, or proposals), you certify that (a) Net Bargains is under no express or implied obligation to keep the feedback confidential, (b) similar feedback may already be in development or under consideration, (c) your feedback does not contain confidential or proprietary information about third parties, and (d) you grant Net Bargains a royalty-free, irrevocable, non-exclusive, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the feedback and all improvements resulting from it.
    2. Dissatisfaction. To help us continually improve your user experience, we invite you to share negative feedback with us using our Contact Us page. However, terminating your account and discontinuing use of Net Bargains is the only way to fully remedy your dissatisfaction.
  17. Indemnity.

    Users agree that they will indemnify and hold harmless Net Bargains and all of its parents, subsidiaries, related companies, licensors, partners, affiliates, and suppliers, as well as the officers, employees, agents, directors, and representatives of each of these entities. The terms of this indemnification (hold-harmless) agreement include but are not limited to costs, liabilities, and legal fees from any demand or claim made by a third-party arising from (a) your Terms of Service violation, (b) your access to or use of Net Bargains, or (c) any infringement by you or a person using your account of any property, intellectual, or other right of any person or entity. You consent to cooperate with claims as Net Bargains, at your expense, reserves the right to assume exclusive defense and control of any matter in which you are required to indemnify us. Unless you have written consent from Net Bargains, you may not settle any matter. We will make reasonable efforts to make you aware of any claim, action, or proceeding.

  18. Warranties, Disclaimers, and Limitations of Liability.
    • ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY NET BARGAINS. USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ANY RESULTING LOSS OR DAMAGE IS SOLELY YOUR RESPONSIBILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM VIRUSES THAT YOU MAY DOWNLOAD DURING YOUR USE OF THE SITE.
    • ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE IS DISCLAIMED BY NET BARGAINS. ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY Net Bargains; HOWEVER, NET BARGAINS RESERVES THE RIGHT TO MONITOR ANY DISPUTES.
    • Net Bargains DISCLAIMS ALL LIABILITY FOR ANY (1) DAMAGES, BE THEY RELIANCE, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT, (2) PROFIT LOSS, (3) DAMAGE TO OR LOSS OF REPUTATION OF NET BARGAINS OR ANY THIRD PARTY, (4) INTERRUPTION OF BUSINESS, OR (5) INFORMATION OR DATA LOSS.
    • NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY NET BARGAINS AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (3) ANY SERVICES AND/OR PRODUCTS SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON Net Bargains AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN "AS IS" BASIS. NET BARGAINS DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WARRANTIES. ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, THAT IS OBTAINED FROM NET BARGAINS SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
    • SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON THE LENGTH OF A WARRANTY. IN THIS CASE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FULLY, BUT THEY WILL APPLY TO YOU TO THE FULLEST EXTENT OF THE LAW.
    • LIMITED TO THE GREATER OF (1) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH NET BARGAINS IN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (2) U.S. $100.00.

  19. Right to Refuse Orders

    Net Bargains reserves the right at any time after receipt of your order to accept or decline your order for any reason, including:

    • If we are unable to obtain payment authorization from the issuer of your credit card
    • In the event that the item you ordered is out of stock, and we have not had time to take it off our site.

     

  20. Miscellaneous
    • Section headings within the Terms of Service are included for convenience only and have no contractual or legal meaning or effect.
    • The Terms of Service contain the entire agreement between you and Net Bargains for all instances and types of Site use.
    • This agreement supersedes all other prior agreements between you and Net Bargains.
    • Both parties herein acknowledge that no reliance is placed on any direct or indirect representation contained in these Terms of Service.
    • Either party's failure to exercise, in any respect, any right provided herein will not result in the providing of a waiver.
    • These Terms of Service may not be interpreted as authorization of agency, employment, joint venture, or partnership. These Terms of Service do not give you authority to bind Net Bargains in any way.
    • You may not assign, transfer, or sub-license these Terms of Service without Net Bargains's written agreement. Any assignment made in violation of these Terms of Service will be void. Net Bargains reserves the right to assign or transfer the Terms of Service without restriction.
    • In the event that any provisions found in these Terms of Service are found to be unenforceable or illegal, those provisions will be eliminated or limited to the minimum extent necessary to make them enforceable and legal.
    • Nothing contained in these Terms of Service gives rights or remedies to any third party, except where expressly noted.
    • Net Bargains reserves the right to make necessary changes to these Terms of Service. We will notify you of any such changes by posting the revised Terms of Service on this page with a list of changes. Notifications may also be provided to you through e-mail or regular mail, but this is not required. You agree to periodically revisit this page to read all changes. All changes are in effect as of the moment they are posted on this page. All future changes are binding to you through use of this site. By continuing to use Net Bargains after we change the Terms of Service, you indicate agreement with all changes.
    • You agree that the State of California will govern any dispute regarding or involving Net Bargains without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in San Francisco county, California state, and United States federal courts.