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User Agreement
PLEASE READ THE FOLLOWING USER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER,
LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS
WEB SITE OR USING OUR OTHER SERVICES. By using our Web site or other services,
you agree to the terms of this User Agreement. If you do not agree to the terms
of this User Agreement, you may not use our Web site or other services. We
reserve the right, at any time, to modify, alter, or update this User Agreement,
and you agree to be bound by such modifications, alterations, or updates once
they are posted on our Web site.
1. Legal Disclaimer
Bestbuy Boys shall not be held responsible or liable for any actions taken,
either wholly or in part, based on the information provided on Bestbuy Boys, or
for any loss, damage, expense or injury resulting from any transactions
conducted with any online merchant or other third party listed on Bestbuy Boys.
The information, services, products, and materials contained in this Web site or
available through our other services, including, without limitation, all text,
graphics, and links, are provided on an "AS IS" basis. To the maximum extent
permitted by law, BESTBUY BOYS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND
MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of
title, non-infringement, freedom from computer viruses, worms, and other
operating problems, and implied warranties arising from course of dealing or
course of performance. Some states may not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. You may also have
other legal rights that vary from state to state.
In addition, since Bestbuy Boys cannot verify all information provided by
online merchants and other third parties, and errors in gathering or reporting
such information may occur due to the large volume of merchants with many
different products and services, Bestbuy Boys does not represent or warrant that
the information accessible via our Web site or other services is always
accurate, complete or current, and shall not be liable for or responsible to
honor (or to cause any merchant to honor) any erroneous information regarding
the price, description and availability of, or any discounts, offers, promotions
and coupons relating to, any product or service offerings available on our Web
site or through our other services. Furthermore, due to the dynamic nature of
online shopping, all information regarding such matters is subject to change
without notice. Bestbuy Boys SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO
YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR
RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH BESTBUY BOYS SERVICES OR
YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were
accessed via our Web site or other services.
2. Liability Limitations
In no event shall Bestbuy Boys or its affiliates or agents (the "Bestbuy Boys
Parties") be liable, whether in an action under contract, negligence, or any
other theory, arising out of or in connection with the use, inability to use, or
performance of the information, services, products, and materials available from
this Web site or through our other services, in an amount greater than the lower
of (i) the price of the merchandise or service involved in the transaction or
proposed transaction as to which one or more Bestbuy Boys Parties is held to be
negligent or otherwise responsible, or (ii) if no such merchandise or service is
involved, or if the value thereof would exceed $100, then a maximum liability
limitation of $100 in the aggregate. You and we agree that this is a fair
allocation of risk based upon the manner and cost by which Bestbuy Boys's
services are provided to you, and taking into account your ability to take other
measures or consult other resources in connection with purchasing goods and
services online. FURTHERMORE, IN NO EVENT SHALL THE BESTBUY BOYS PARTIES BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, even if we have been previously advised of the
possibility of such damages. These limitations shall apply notwithstanding to
any failure of essential purpose of any limited remedy. Some states may not
allow the exclusion or limitation of liability for consequential or incidental
damages, so the above limitations may not apply to you.
3. Third-Party Sites
Our Web site, surveys, or other services may include links to other sites on
the Internet that are owned and operated by online merchants, survey incentive
vendors, and other third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party
site. You should contact the site administrator or Webmaster for those
third-party sites if you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites is subject to the
terms of use and privacy policies of each site, and we are not responsible
therefore.
In certain areas on our site, we may join forces with a reputable third-party
source of specialized information and other content so that you can quickly and
easily make informed decisions about such products and services. In each of
these areas, the Bestbuy Boys header will note that the services are "Powered by"
or "By" the third-party. This indicates that the content resides on the third
party's servers and your use of those services is governed by that company's
privacy policies and terms of use, which you can access at the bottom of each
page in those areas. We recommend that you always review their privacy policies
and terms of use before you complete any transaction with them. This User
Agreement (but not our privacy policies) also apply as between you and
Bestbuy Boys with respect to your use of those third-party services accessed
through our site.
4. Dispute Resolution
We will do our best to resolve any problems or issues that you may have with
us or our services in a satisfactory manner. If, however, we are unable to reach
a mutually satisfactory resolution, each of us agrees that any claim or
controversy between us, or arising in any way out of the use or operation of our
Web site or other services, or any information, services, products, and
materials contained in this site or available through our other services, shall
be resolved by binding arbitration before a single arbitrator of the American
Arbitration Association (AAA) in Los Angeles, California, under the rules and
procedures of the AAA. Any such dispute or controversy shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitrator shall have authority to
resolve all matters in dispute between us (subject to the legal disclaimer and
liability limitations set forth above), including the applicability, scope and
binding effect of this arbitration agreement, and to award arbitration costs and
expenses to the prevailing party as determined by the arbitrator.
Notwithstanding the foregoing, either party may pursue preliminary or injunctive
remedies in an appropriate state or federal court sitting in Los Angeles,
California pending the decision of the arbitrator, without waiving the right or
affecting the obligation to arbitrate hereunder.
5. Other Terms
Our Web site and other services are operated and provided in the State of
California, USA. As such, we are subject to the laws of the State of California,
and such laws will govern this User Agreement, without giving effect to any
choice of law rules. We make no representation that our Web site or other
services are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site or other services, you agree to do
so subject to the internal laws of the State of California. You are in the best
position to know whether your use of our site or other services may be
prohibited or restricted by local laws in your location, and therefore are
responsible for compliance with any such laws. We do not guarantee continuous,
uninterrupted or secure access to our Web site or other services, and operation
of our Web site or other services may be interfered with or adversely affected
by numerous factors or circumstances outside of our control. This is the entire
agreement and understanding between us regarding the subject matter hereof, and
may only be modified as provided above. If any provision of this User Agreement
shall be unlawful, void or unenforceable for any reason, the other provisions
(and any partially-unenforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum permissible extent. You agree
that this User Agreement and any other agreements referenced herein may be
assigned by Bestbuy Boys, in our sole discretion, to a third party in the event
of a merger or acquisition. This User Agreement shall apply in addition to, and
shall not be superseded by, any other written agreement between us relating to
your participation as a Bestbuy Boys Member or participation in any other program
or service offered by Bestbuy Boys. You agree that by accepting this User
Agreement, you are consenting to the use and disclosure of your personally
identifiable information and other practices described in our
Privacy Notice.
6. Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is © 2005-2006 Bestbuy Boys, with all rights reserved, or is the property of Bestbuy Boys and/or
third parties protected by intellectual property rights. Permission is granted
to individual consumers to electronically copy and to print hard copy portions
of this Web site for the sole purpose of using this site as a shopping resource.
Any other use of materials on this Web site, including reproduction for purposes
other than those noted above, modification, distribution, or republication, any
form of data extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized officer of Bestbuy Boys
is strictly prohibited. Users agree that they will not use any robot, spider,
other automatic device, or manual process to monitor or copy our Web pages or
the content contained therein without prior written permission of an authorized
officer of Bestbuy Boys.
Bestbuy Boys® and Bestbuy Boys® are registered service marks of Bestbuy Boys.
Bestbuy Boys's service marks/trademarks may not be used in connection with any
product or service that is not provided by Bestbuy Boys, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or
discredits Bestbuy Boys.
All other trademarks displayed on Bestbuy Boys's Web site are the trademarks
of their respective owners, and are not intended to imply any endorsement or
affiliation between Bestbuy Boys and these companies.
Bestbuy Boys disclaims any responsibility for the content of any third party
materials provided through or on our Web site or other services. We do desire to
respect all copyrights and to respond accordingly when notified of the
infringement of those rights. Therefore, and in compliance with 17 U.S.C. § 512,
if you believe that any such third party materials infringe your intellectual
property rights, please contact our
administrator to request a review of the
alleged infringement:
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