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BEFORE YOU CLICK ON THE "I AGREE"
CHECK-BOX PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK
BOX YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS
AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
Subscriber Agreement
The Web site located at http://top-wacdeals.com("Site")
is provided by Top-WacDeals.com. Your access to and use of the Site is
governed by this Subscriber Agreement ("Agreement"). As used in this
Agreement, "Top-WacDeals.com," "we," "us'" or "our" refers to
Top-WacDeals.com, and "you" or "your" refers to you, the user of the
Site. The Agreement below is the agreement you consented to upon
subscribing to the site. The Agreement does not apply to use of the
publicly available Web Site maintained by Top-WacDeals.com.
1. Access and Passwords
As part of the subscription process for this Site, you
have selected or been assigned a particular username and password in
accordance with Top-WacDeals.com's username and password guidelines.
YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE
USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO
ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all
actions taken by you, or any other user that accesses the Site using
your username and password, at or through the Site will be attributed
to and legally bind you, even with respect to acts for which the user
had no actual authority or made an error. You assume all resulting
liability from use of the Site and any services available on it by you
or others using your username or password. If you lose your username or
password, please contact us at: support@top-wacdeals.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted
on our site. Your subscription will continue and renew automatically,
unless terminated by Top-WacDeals.comor until you notify
Top-WacDeals.com by email or as designated on the Site of your decision
to terminate your subscription. If there are any annual, monthly, or
similar periodic fees for your subscription, these fees will be billed
automatically to the credit card designated during the registration
process for the Site or subsequently designated by you to
Top-WacDeals.com, at the start of the annual, monthly, or similar
period, and at the start of each renewal period, unless you terminate
your subscription before the relevant period begins. You agree to pay
or have paid all fees and charges incurred in connection with your
username and password for the Site (including any applicable taxes) at
the rates in effect when the charges were incurred. All fees and
charges are nonrefundable. Top-WacDeals.commay change the fees and
charges then in effect, or add new fees or charges, by giving you
notice in advance. All fees and charges incurred in connection with
your Top-WacDeals.com username and password will be billed to the
credit card designated during the registration process for the Site or
subsequently designated by you to Top-WacDeals.com. If you want to
designate a different card or there is a change in credit card validity
or expiration date, or if you believe someone has accessed the Site
using your username and password without your authorization, you may
email us at support@top-wacdeals.com. You are also responsible for any
fees or charges incurred to access the Site through an Internet service
provider or other third party service. YOU, AND NOT Top-WacDeals.com,
ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A
THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its
terms are incorporated herein by this reference. Please read it now at
the link on our site.
4. User Conduct
The Site may contain bulletin board services, news
groups, forums, and/or other message or communication facilities
("Communication Services") designed to enable you to communicate with
others. You agree to use the Communication Services only to submit or
post messages and material that are proper and, when applicable,
related to the particular Communication Service. You are also
prohibited from submitting to, posting or transmitting through
Top-WacDeals.com any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable material of
any kind, including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national,
or international law. Content that consists of or contains software
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam" is prohibited. You may not use a
false email or postal address, impersonate any person or entity, or
otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or
other information that constitutes part of the content expressed or
made available by third parties are those of the respective authors or
distributors and not of Top-WacDeals.com nor its affiliates, not any of
their officers, directors, employees, or agents. You acknowledge that
Top-WacDeals.com does not pre-screen all content, but that
Top-WacDeals.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any content that
is made available via the Communication Services. Without limiting the
foregoing, Top-WacDeals.com and its designees shall have the right to
remove any content that violates this Agreement or is otherwise
objectionable. You specifically agree that Top-WacDeals.com is not
responsible for any content sent using and/or included in the Site by
any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of
Top-WacDeals.com (or material that other suppliers have licensed
to Top-WacDeals.com for their use) which is protected by copyright
and other laws respecting proprietary rights. Top-WacDeals.com retains
all rights in the material and media, including (without limitation)
all copyright and other proprietary rights worldwide in all media. You
may not use Top-WacDeals.com except as expressly permitted under this
Agreement and under U.S. copyright laws. Any routine and/or systematic
redistribution of any portion of the products licensed herein is
expressly prohibited.
End users who are duly authorized may Access
Top-WacDeals.com for individual use, i.e., may view the information on
screen; may download small portions of the information to a computer
disk for personal convenience and later reference; and may print paper
copies of small portions for personal use only.
The rights granted here are an expansion of the rights
granted under the Copyright Act and do not include any rights to
reproduce in its entirety any portion of the information or materials
contained therein. No part of the information may be duplicated in any
medium or format beyond the express terms of this Agreement without
prior written authorization from Top-WacDeals.com. Any use not
authorized by the Agreement is prohibited and is not a fair use under
the U.S. copyright law.
You acknowledge that the information (and the licensed
materials contained therein) is highly proprietary in nature and that
unauthorized copying, transfer or use may cause Top-WacDeals.com and/or
Top-WacDeals.com’s suppliers irreparable injury that cannot be
adequately compensated for by means of monetary damages. You agree that
any breach of this provision by you, or any subscriber or end-user, may
be enforced by Top-WacDeals.com, and/or any of Top-WacDeals.com’s
suppliers, by means of equitable relief (including, but not limited to,
injunctive relief) in addition to any other available rights and
remedies.
You agree that any supplier of any portion of the
licensed materials may enforce its rights against you, even though that
supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce,
publish, distribute, sell, or otherwise access or use any material
retrieved from or contained in or on this Site in any manner whatsoever
that may infringe any copyright or proprietary interest of
Top-WacDeals.com; distribute the information contained in and/on this
Site to other users not duly authorized to Access the Site; distribute,
rent, sublicense, lease, transfer or assign the information or
Agreement; decompile, disassemble, or otherwise reverse-engineer this
Site or information contained in or on this Site or any software
contained therein, or alter, translate, modify, or adapt it to create
derivative works. Unauthorized reproduction, transfer, and/or use may
be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing
any portion of the information on any electronic media, including, but
not limited to, local or wide area networks, timesharing services,
multiple processing units, multiple site arrangements, service or
software rental bureaus, list servers, online services, electronic
bulletin boards or forums, World Wide Web sites or any other server
that is Internet-enabled, without written authorization by
Top-WacDeals.com.
If you breach any provision of this Agreement,
Top-WacDeals.com may immediately terminate this Agreement and all
licenses granted hereunder without prior notice and in addition to any
other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not
to:
a. Use Web-accelerated browsers or products (including
but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or
other applications that are capable of copying large portions of
content from the Site. Top-WacDeals.com can detect the use of these
systems through live logfile analysis and will ban any future use by
offenders.
b. Use robots and crawlers, or similar technology,
without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will ban
any offenders. If you are using a robot/crawler to check
Top-WacDeals.com links, it must operate according to the robot
guidelines (see above). Do not leave new robots unattended and allow a
minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to
interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or
disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for
purposes not relating specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by Top-WacDeals.com, or attempt or access
any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise
attempt to discover any source code relating the Site, except to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content
compiled by Top-WacDeals.com. While we use commercially reasonable
efforts to provide accurate information, Top-WacDeals.com gives no
warranty as to the accuracy of the database and other content on the
Site. Top-WacDeals.com reserves the right to withdraw or delete
information or content from the Site at any time.
8. Links to Third Party Sites
Top-WacDeals.com does not endorse the content on any
third-party Web site, including Web sites of Top-WacDeals.com's
affiliates ("Third-Party Sites"). Top-WacDeals.com is not responsible
for the content of Third-Party Sites that you reach through links on
the Site, sites framed within the Site, or third-party advertisements
on the Site, and we do not make any representations regarding their
content or accuracy. Your use of Third-Party Sites is at your own risk
and subject to the terms and conditions of use for such sites. Any
transaction that you conduct at a Third-Party site will be between you
and the party providing that Web site. This means that Top-WacDeals.com
is not your agent and is not a party to any transaction at a
Third-Party Site.
9. Representations and Warranties
You represent and warrant to Top-WacDeals.com that: (a)
you possess the legal right and ability to enter into this Agreement;
(b) all information submitted by you to the Site is true and accurate;
(c) you will be responsible for all use of your username and password
even if such use was conducted without your authority or permission;
(d) you are at least 18 years old; and (e) you will not use the Site
for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR
FOUND WITHIN THIS SITE BY Top-WacDeals.com AND ITS AFFILIATES ARE
PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND,
AND Top-WacDeals.comITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, Top-WacDeals.com DOES NOT MAKE ANY
WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY
PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT
IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE
SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE
SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH
UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT
OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL Top-WacDeals.com OR ANY OF ITS
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR
SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS
TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH
OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Top-WacDeals.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Top-WacDeals.com OR ANY OF ITS
AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS
OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Top-WacDeals.com FROM
YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE
SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our
attorney's fees and costs, if we become liable for or incur any damages
in connection with your breach of this Agreement. You may not settle
any dispute without our prior consent, which may only be given in a
non-electronic writing signed by an authorized representative of
Top-WacDeals.com.
14. Consent to Electronic Notices and Other
Communications
You agree that all of your transactions relating to the
Site may, at our option, be conducted electronically, including any
that we are otherwise required to provide in "writing". For example, we
may send you notices via postings at the Site or via email to any email
address that you provide to us during registration as a Site member. If
you do not wish to deal with us electronically, you should not use the
Site or enter into this Agreement. If applicable law now or later
requires us to communicate with you non-electronically, we reserve the
right to charge a fee for doing so. Notice will be deemed given 24
hours after the email is sent, unless (for email) we are notified that
the email address is invalid. Alternatively, we may give you notice by
mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this
Agreement (and any amendment from time to time) and retain it in your
records. You also agree to make a copy of any other information that we
deliver to you in writing.
16. Termination
Top-WacDeals.com may terminate your subscription and/or
access, or suspend access to all or part of the Site, without notice,
for any conduct that Top-WacDeals.com, in its sole discretion, believes
is in violation of this Agreement, any applicable law, or any act which
is harmful to the interests of another user, service provider, or
Top-WacDeals.com. Top-WacDeals.com may also elect not to renew your
subscription and access by providing a notice of nonrenewal prior to
the end of your current subscription term. Applicable sections of this
agreement will survive any termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of Top-WacDeals.com
in a non-electronic record, and any assignment without
Top-WacDeals.com's consent will be voidable at Top-WacDeals.com's
option. This Agreement will inure to the benefit of and bind the
parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the U.K.,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or
threatened to violate Top-WacDeals.com and/or its affiliates'
intellectual property rights, Top-WacDeals.com and/or its affiliates
may seek injunctive or other appropriate relief in any court in the UK,
and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Lancashire. Any costs and fees
other than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location:
isabel.daguerra@googlemail.com. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
Top-WacDeals.com may change the provisions of this
Agreement. When Top-WacDeals.com changes the terms of this Agreement,
Top-WacDeals.com will notify you by email or online postings on this
Site. The changes will also appear in this document, which you can
access any time. You already agreed to be bound by the changes when you
first subscribed to the site. If you do not agree to be bound by the
changes, you should not use the Site again and you should cancel your
subscription to the Site. Even if you have not clicked on the "I Agree"
button or checked the I agree box when subscribing, if you use the Site
after you have been notified of a change to this Agreement, you are
agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its subject
matter and supercedes all prior and contemporaneous communications
between the parties. No term of this Agreement may be waived by
Top-WacDeals.com except in a signed, non-electronic writing signed by
an authorized representative of Top-WacDeals.com.
21. General
If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties agree that its
remaining provisions will remain in full force and effect, provided
that the allocation of risks described herein is given effect to the
fullest extent possible. 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. You agree that no joint venture,
partnership, employment or agency relationship exists between you and
Top-WacDeals.com or its affiliates as a result of this Agreement or
your use of the Site.
The application of the United Nations Convention on
Contracts for the International Sale of Goods, as amended, is expressly
excluded.
This Legal Document
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