IMPORTANT – READ CAREFULLY. THIS USER AGREEMENT SET FORTH THE LEGAL AGREEMENT BETWEEN YOU AND MyBESTBUY.info (“COMPANY”, “WE”, “US” OR SIMILAR TERMS) RELATING TO YOUR ACCESS TO AND USE OF THE MyBESTBUY.info SERVICES. IN PARTICULAR, THIS USER AGREEMENT REQUIRE THAT ANY CLAIMS BETWEEN YOU AND US MUST BE RESOLVED BY BINDING ARBITRATION.
1. Acceptance of the User Agreement
Welcome to Mybestbuy.info – a leading online destination for consumers to save time and money! The following terms and conditions (collectively, these “User Agreement”) govern your access to and use of (i) our website www.mybestbuy.info or any other websites operated by us or our affiliates that link to or otherwise reference that they are subject to these User Agreement (collectively, the “Site”), (ii) our Mybestbuy.info-branded software applications (including mobile applications) that link to or otherwise reference that they are subject to these User Agreement (“Applications”) and (iii) any features, functionality, information or services (including content and material) made available by or on behalf of us through the Site, the Applications or any of our applications that may be incorporated on third party websites or services (clauses (i), (ii) and (iii), collectively, the “Mybestbuy.info Services”).
By using the Mybestbuy.info Services, you represent and warrant that you are of legal age to form a binding contract with the Company, have read this User Agreement and agree to be legally bound by this User Agreement. If you do not meet all of these requirements, you must not access or use any of the Mybestbuy.info Services.
2. Intellectual Property Rights
The Mybestbuy.info Services and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. To the extent that you provide us with any suggestions, feedback or other information relating to our business, the Mybestbuy.info Services or our other products or services (including suggested new products or improvements to existing products) such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to us a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicenseable (through multiple tiers) right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
This User Agreement permit you to use the Mybestbuy.info Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content or material available on the Mybestbuy.info Services, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c.) you may print a reasonable number of pages of the Site for your own personal, non-commercial use; (d) you may print, copy and/or paste coupons, discount codes or product offers made available on the Mybestbuy.info Services for your own personal, non-commercial use; (e) you may use any sharing features or functionality contained within the Mybestbuy.info Services to transmit links to coupons, discount codes or product offers available on the Mybestbuy.info Services to other persons for their own personal, non-commercial use; (f) if we provide Applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such Applications; and (g) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: (x) modify copies of any materials obtained from the Mybestbuy.info Services or (y) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Mybestbuy.info Services. You must not access or use for any commercial purposes any part of the Mybestbuy.info Services or materials available on or through the Mybestbuy.info Services.
No right, title or interest in or to Mybestbuy.info Services or any content available through the Mybestbuy.info Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Mybestbuy.info Services not expressly permitted by this User Agreement is a breach of this User Agreement and may violate copyright, trademark and other laws.
3. Prohibited Uses
You may use the Mybestbuy.info Services only for lawful purposes and in accordance with this User Agreement. You agree not to: (a) use the Mybestbuy.info Services in any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the United States of America or other countries); (b) use the Mybestbuy.info Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c.) use the Mybestbuy.info Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (see Section 8 of this User Agreement); (d) use the Mybestbuy.info Services to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) use the Mybestbuy.info Services to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including by using e-mail addresses associated with any of the foregoing); (f) use the Mybestbuy.info Services to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Mybestbuy.info Services, or which, as determined by us, may harm the Company or users of the Mybestbuy.info Services or expose them to liability; (g) use the Mybestbuy.info Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Mybestbuy.info Services, including their ability to engage in real time activities through the Mybestbuy.info Services; (h) use any robot, spider or other automatic device, process or means to access the Mybestbuy.info Services for any purpose, including accessing, monitoring, copying, transmitting or otherwise using any of the content on the Mybestbuy.info Services; (i) use any manual process or means to access, monitor, copy, transmit or otherwise use the Mybestbuy.info Services (including any content or material) for any unauthorized purpose; (j) use any device, software or routine that interferes with the proper working of the Mybestbuy.info Services; (k) introduce any viruses, trojan horses, worms, logic bombs or other materials which are malicious or technologically harmful; (l) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Mybestbuy.info Services, or any server, computer or database connected to, or used by the Company to provide, the Mybestbuy.info Services; (m) reverse engineer, decompile, disassemble, decode or otherwise attempt to discover the source code, algorithms, architecture, structure or underlying technology of the Mybestbuy.info Services; (n) use the Mybestbuy.info Services for competitive or benchmarking analysis or for development of a competing product, service or offering; (o) attack the Mybestbuy.info Services via a denial-of-service attack or a distributed denial-of-service attack; or (p) otherwise attempt to interfere with the proper working of the Mybestbuy.info Services. You further agree not to engage or assist any person to take any action that would violate this User Agreement.
4. User Contributions
The Mybestbuy.info Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, messaging functions and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, including coupons, discount codes or product deals (collectively, “User Contributions”), on or through the Mybestbuy.info Services. All User Contributions must comply with the Content Standards (see Section 8 of this User Agreement).
Any User Contribution you post to the Mybestbuy.info Services will be considered non-confidential. By providing any User Contribution on the Mybestbuy.info Services, you grant to us a non-exclusive, worldwide, irrevocable, perpetual right, royalty-free, fully transferable and sublicenseable (through multiple tiers) license to reproduce, display, distribute, modify, prepare derivative works of, and otherwise use the User Contribution. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and (b) all of your User Contributions do and will comply with this User Agreement. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Mybestbuy.info Services.
5. Monitoring and Enforcement; Termination
We have the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the User Agreement, including the Content Standards (see Section 8 of this User Agreement), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mybestbuy.info Services or the public or could create liability for the Company; (c.) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Mybestbuy.info Services; and (e) terminate or suspend your access to all or part of the Mybestbuy.info Services for any or no reason, including any violation of this User Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Mybestbuy.info Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Mybestbuy.info Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
6. Content Standards
7. Copyright Infringement
We take claims of copyright infringement seriously. The Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access thereto) from the Mybestbuy.info Services by submitting written notification to our DMCA Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Mybestbuy.info Services, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow the Company to locate that material; (iv) adequate information by which the Company can contact you (including your name, postal address, telephone number and, if available, e-mail address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c.)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Mybestbuy.info Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers. You may send DMCA Notices to our designated DMCA Agent: by mail, at 7801 N. Capital of Texas Highway, Suite 300, Austin, Texas 78731, Attn: General Counsel; or, by email, at legal@Mybestbuy.info.
8. Reliance on Information Posted
The information available on or through the Mybestbuy.info Services is made available solely for general information purposes. We may update the information available on or through the Mybestbuy.info Services from time to time, but its content is not necessarily complete or up-to-date. Any of the information (including coupons, discount codes or product deals) available on or through the Mybestbuy.info Services may be out of date at any given time, and we are under no obligation to update such information.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) ALL INFORMATION PRESENTED ON OR THROUGH THE MyBESTbuy.info SERVICES (INCLUDING ANY INFORMATION REGARDING ANY COUPONS, DISCOUNT CODES, OR PRODUCT DEALS) IS PROVIDED ON “AS IS” BASIS WITH “ALL FAULTS”; (B) WE DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, EFFECTIVENESS, USE, OR RESULTS OF USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE MyBESTbuy.info SERVICES (INCLUDING ANY INFORMATION REGARDING ANY COUPONS, DISCOUNT CODES, OR PRODUCT DEALS), OR (II) THE BUSINESS, PRODUCTS, SERVICES, OR OTHER OFFERINGS OF ANY MERCHANT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C.) ANY RELIANCE ON OR USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE MyBESTbuy.info SERVICES (INCLUDING ANY INFORMATION REGARDING ANY COUPONS, DISCOUNT CODES, OR PRODUCT DEALS) BY YOU IS DONE SO AT YOUR OWN RISK.
9. Information About You and Your Visits to the Mybestbuy.info Services
10. Geographic Restrictions
We (directly or through our third party service providers) host the Site and other online portions of the Mybestbuy.info Services in the United States of America, and the Mybestbuy.info Services are intended for use by, and directed to, users located in the United States of America. We make no claims that the Mybestbuy.info Services or any of its content is accessible or appropriate outside of the United States of America. Access to and use of the Mybestbuy.info Services may not be legal by certain persons or in certain countries. If you are a consumer accessing the Mybestbuy.info Services from the European Union or other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States of America, please be advised that (i) you do so on your own initiative and are responsible for compliance with local laws and (ii) you are transferring your personally identifiable information to the United States of America and you consent to that transfer.
11. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MyBESTBUY.info SERVICES OR ITEMS OBTAINED THROUGH THE MyBESTBUY.info SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT THE MyBESTBUY.info SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ANYTHING TO THE CONTRARY NOTWITHSTANDING, WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR AFFILIATES AND LICENSORS) DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE MyBESTBUY.info SERVICES AND ANY OTHER PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR ITEMS (INCLUDING ANY COUPONS, DISCOUNT CODES, OR PRODUCT DEALS) MADE AVAILABLE BY OR THROUGH THE USE OF THE MyBESTBUY.info SERVICES (COLLECTIVELY, THE “OFFERINGS”), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES REGARDING (I) THE OFFERINGS (INCLUDING THE USE OF OR THE RESULTS OF THE OFFERINGS) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AVAILABILITY, SECURITY, COMPLIANCE WITH APPLICABLE LAWS OR OTHERWISE, OR (II) WHETHER THE OPERATION OF THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. YOUR USE OF THE OFFERINGS IS DONE SO AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANYTHING TO THE CONTRARY NOTWITHSTANDING, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE MyBESTBUY.info SERVICES ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.
12. Limitation on Liability
IN NO EVENT WILL WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR AFFILIATES AND LICENSORS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF REVENUE OR PROFIT, LOSS OF DATA, OR LOSS OF TIME OR BUSINESS) ARISING OUT OF OR RELATING TO THIS USER AGREEMENT AND/OR THE KU.info SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANYTHING TO THE CONTRARY NOTWITHSTANDING, THE TOTAL MAXIMUM LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF OR RELATING TO THIS USER AGREEMENT AND/OR THE KU.info SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES, IF ANY, PAID TO THE COMPANY BY YOU FOR THE RIGHT TO ACCESS AND USE THE KU.info SERVICES DURING THE 12-MONTH PERIOD PRIOR TO THE OCCURRENCE OF SUCH CLAIM, DAMAGE OR LIABILITY, LESS THE AMOUNT OF ALL CLAIMS, DAMAGES OR LIABILITIES PREVIOUSLY PAID BY THE COMPANY DURING SUCH 12-MONTH PERIOD AND (II) US$100. NO ACTION, SUIT OR PROCEEDING AGAINST THE COMPANY MAY BE BROUGHT MORE THAN ONE YEAR FOLLOWING THE DATE UPON WHICH THE CLAIM FIRST AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Governing Law
ALL MATTERS RELATING TO THE KU.info SERVICES AND THIS USER AGREEMENT AND ANY DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO (IN EACH CASE, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF TEXAS OR OTHERWISE). SUBJECT TO THE PROVISIONS OF SECTION 18 (BINDING ARBITRATION AND CLASS ACTION WAIVER) BELOW, ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE KU.info SERVICES SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF TEXAS IN EACH CASE LOCATED IN AUSTIN, TEXAS, U.S.A. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
14. Waiver and Severability; Interpretation
No waiver by the Company of any term or condition set forth in this User Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this User Agreement shall not constitute a waiver of such right or provision.
If any provision of this User Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Agreement will continue in full force and effect.
Each instance in this User Agreement of the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation.” As used in this User Agreement, the term “days” means calendar days, not business days, unless otherwise specified. All headings or section divisions contained in this User Agreement are for reference purposes only and will not be construed to affect the meaning or interpretation of this User Agreement.
15. Changes to the User Agreement
We may revise and update this User Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Mybestbuy.info Services thereafter. However, any changes to the dispute resolution provisions set forth in Section 18 (Binding Arbitration and Class Action Waiver) will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site. Your continued use of any Mybestbuy.info Services following the posting of revised User Agreement means that you accept and agree to the change, so please check this page periodically for updates.
16. Entire Agreement
If you have any questions or comments regarding this User Agreement, please contact us: by email firstname.lastname@example.org