Terms Of Use - purchasesmarter.com

Username:		*
Password:		*

Remember me

Create new account
I forgot my password

Date of Last Revision: 14 February 2012

The purchasesmarter.com Web Site (the "Site") is an online information service, provided by the site owner ("purchasesmarter.com"),subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. purchasesmarter.com may modify this agreement (the “term of use”, or “Agreement”) at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the site. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified Agreement

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are purchasesmarter.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, PHOTOS, ILLUSTRATIONS, NAMES, LOGOS, TRADEMARKS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You understand and agree that purchasesmarter.com have the right, but not the obligation, to monitor, edit, and remove any materials that you have uploaded or provided, such as messages, articles, graphics, photos, videos, clips, ideas, feedback, comments or other content (“Content”). purchasesmarter.com assumes no liability for any such Content. You warrant that the Content is accurate, does not violate these terms and will not harm any person or entity. You agree not to provide content that is the proprietary of a third party, without its prior consent.
You agree to grant to purchasesmarter.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any areas of the Site (including without limitation bulletin boards, forums, newsgroups, articles and articles' comments) or by e-mail to purchasesmarter.com by all means and in any media now known or hereafter developed. You also grant to purchasesmarter.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against purchasesmarter.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to purchasesmarter.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of purchasesmarter.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by purchasesmarter.com, purchasesmarter.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for purchasesmarter.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with purchasesmarter.com. You also understand that purchasesmarter.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE SITE AND RELATED INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND purchasesmarter.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE (INCLUDING WITHOUT LIMITATIONS THE TOOLS AND UTILITIES OFFERED), ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND purchasesmarter.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, REVIEWS, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. purchasesmarter.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. purchasesmarter.com has no control over and accepts no responsibility whatsoever for such materials.

Hyperlinks
You are granted a limited, non-exclusive and revocable right to create a hyperlink to this Web site for noncommercial purposes, provided that the linking site does not contain any adult material or any material that is offensive, harassing or objectionable. You may not "frame" this web site or any of its content or copy portions of this web site to a server.
The Site may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that purchasesmarter.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

RSS Feeds
The Site offers free headlines for personal, non-commercial use by RSS. You may not edit or modify the RSS feeds in any manner. PurchseSmarter.com reserves the right to cease offering any or all of the RSS feeds at any time.

Forums
purchasesmarter.com accepts no responsibility whatsoever in connection with or arising from any message posted on chat rooms and bulletin boards that may be included at this site. You agree that you will not submit Messages that may be offensive in any way, violate intellectual property of any person or entity, impersonate any person or entity, spam, contain any virus or other harmful means, or are for commercial purposes or contain advertising.

Tools and Utilities
PurchseSmarter.com offers tools and utilities for personal, non-commercial use. Purchasesmarter.com makes no guarantee and holds no responsibility for any damage, injury, loss of property, loss of data, and loss of any and all resources, out of the use of or inability to use the services, including but not limited to the tools and utilities. PurchseSmarter.com reserves the right to cease any service offered, including but not limited to the tools and services, at any time.
LIMITATION OF LIABILITY
IN NO EVENT WILL purchasesmarter.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF purchasesmarter.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, purchasesmarter.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
purchasesmarter.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-purchasesmarter.com web site, please understand that it is independent from purchasesmarter.com, and that purchasesmarter.com has no control over the content on that web site. In addition, a link to a purchasesmarter.com web site does not mean that purchasesmarter.com endorses or accepts any responsibility for the content, or the use, of such web site. You should review third parties’ terms of use and privacy policies before you use their services.

3. Indemnification.

You agree to indemnify, defend and hold harmless purchasesmarter.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of purchasesmarter.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Copyright infringement) and 7 (Miscellaneous) shall survive any termination of this Agreement.

6. Copyright infringement.

If you believe that any material contained in this Site infringes your copyright, you should notify the Site administrator at admin@purchasesmarter.com To be effective, a notification of claimed infringement must contain the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.Arbitration and Jurisdiction.

This Agreement shall all be governed and construed in accordance with the laws of Israel applicable to agreements made and to be performed in Israel, but does not apply international choice of law rules set out in them. You agree that any legal action or proceeding between purchasesmarter.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in state court of competent jurisdiction sitting in Israel. Any dispute which may arise between the parties, including disputes concerning the use of the Site and / or in connection with these terms and conditions, including in connection with specific online agreements accompanying certain services on the Site, will be submitted to arbitration, which resides in Tel – Aviv, Israel. Arbitrator shall not be bound by civil law procedure, but shall be bound by the laws of evidence and substantive law. Competent court in accordance with the Arbitration Act, 1968 will be the courts located in the city of Tel - Aviv. This section constitutes an arbitration agreement between the parties for all purposes. Subject to and without derogating from, any matter that is not within the jurisdiction of the arbitrator, or any matter in which there will be no application of this arbitration agreement, for any reason, be given exclusive jurisdiction to - the competent court in the Tel - Aviv and Israel. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. purchasesmarter.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. purchasesmarter.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

8.Miscellaneous.

You understand and agree that the above Terms constitute the entire general agreement between you and purchasesmarter.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

Any rights not expressly granted herein are reserved.