Terms And Conditions
Last Updated on 20 Dec 2011
This User Agreement (or "Agreement") is a legal agreement between you and BuyingIQ.com ("BuyingIQ" or "us" or "we") governing the user ("you" or "your") participation on BuyingIQ. By using, accessing or registering as a member of BuyingIQ, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the services offered (referred to "Services" in this document) by BuyingIQ.
- BuyingIQ.com grants you a non-exclusive right and license to access and use its website for personal and non-commercial purposes. BuyingIQ provides a number of different services to assist you in shopping by providing information regarding products and third-party merchants, and links to third-party merchants that are selling these products. The products listed on BuyingIQ are sold by third-party merchants and not by BuyingIQ.
- You acknowledge that BuyingIQ does not sell, resell or license any products listed on its website. BuyingIQ just attempts to make the shopping experience easier by helping you in choosing the products you want to buy and the place you want to buy it from. You acknowledge that BuyingIQ.com disclaims any responsibility for or liability related to such products or the merchants selling them. (See Exclusion of Warranties below).
- BuyingIQ.com does not guarantee that product details, pricing or any other content on its website, regardless of its source, is accurate, complete, reliable or up to date. The content on BuyingIQ is available for informational purposes only and you should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Exclusion of Warranties and Limitation of Liability below). BuyingIQ assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. merchant/seller ratings or user product ratings) or other content on its website.
- The consumer reviews and ratings on BuyingIQ.com are from our users who have elected to post a review on the website. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant/store or other third party in any given transaction.
- Merchants and other third parties may pay BuyingIQ.com to be presented on its website or to have their product or service offerings placed higher in our search results and may also purchase research data from BuyingIQ, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.
- You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes. You may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the content appearing on BuyingIQ.com without the prior permission from BuyingIQ. You may not copy or modify the HTML code used to generate web pages at BuyingIQ.
- By contributing or submitting any content to BuyingIQ.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant BuyingIQ a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you.
- None of the materials shall be subject to any obligation of confidence on the part of BuyingIQ, its subsidiaries, affiliates, co-brand partners or any other partners and their respective directors and employees.
- BuyingIQ reserves the right to change or delete any content on its website that it deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
When submitting content to BuyingIQ whether in the form of reviews, editorials, comments, message board posts, ratings or your profile page the following may be considered inappropriate:
- Violating the intellectual property rights of a third party
- Creating more than one account
- Re-establishing an account on BuyingIQ.com after your account has been terminated
- Defaming a third party
- Affecting the way BuyingIQ displays its pages, such as by framing BuyingIQ or placing pop-up windows over its pages
- Using any automated means to access the site or collect any information from the site
- Collecting any personal information about users through BuyingIQ, including, but not limited to, their username or password
- Sharing your password with a third party
- Publishing or using files or processes that pose a threat to the proper technical operation of the system or to the security of other members
- Provide any content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Content that violates any law, statute, ordinance or regulation (including, but not limited to consumer protection, unfair competition, anti-discrimination or false advertising);
- Modifying or creating variant versions of BuyingIQ logos or other trademarks
- Using emails tools (such as "Email this page") to send spam
- Speaking on behalf of BuyingIQ, describing yourself as an BuyingIQ employee or using BuyingIQ letterhead
- Posting material containing profanity, vulgarity, hate speech or threats of violence
- Posting any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers
- Submitting content on a product/topic that is reasonably likely to offend a person looking for information on that product/topic
- Harassing another user/member
- Publishing the same review more than once. A review may only be published more than once if the review compares two products and there is at least a 75 word difference between the two reviews
- Using advertisements, paid links, affiliate marketing, or any form of link spam
- You retain all ownership rights to information, text, graphics or other materials you publish on BuyingIQ. However, we can reproduce, publish and distribute all or portions of your content online and offline and permit others to do the same. We ask that you refer or provide links to BuyingIQ if you choose to republish your content elsewhere and that you do not publish the same items of content on both BuyingIQ and any other website.
- You acknowledge and agree that while BuyingIQ may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by BuyingIQ at any time, at BuyingIQ's discretion.
- You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on BuyingIQ's computer systems or communications infrastructure.
- Some of the Services by BuyingIQ.com may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
- The manner, mode and extent of advertising by BuyingIQ on the Services are subject to change without specific notice to you.
- In consideration for BuyingIQ granting you access to and use of the Services, you agree that BuyingIQ may place such advertising on the Services.
- You acknowledge and agree that BuyingIQ or BuyingIQ's licensors own all legal right, title and interest in and to the services offered by BuyingIQ, including any intellectual property rights which subsist in these services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that BuyingIQ may contain information which is designated confidential by BuyingIQ and that you shall not disclose such information without BuyingIQ's prior written consent.
- Unless you have agreed otherwise in writing with BuyingIQ, nothing in the Terms gives you a right to use any of BuyingIQ's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- Unless you have been expressly authorized to do so in writing by BuyingIQ, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- If you believe content on BuyingIQ infringes your copyright, you should send a Takedown Request to us (by using the Contact Us) under the terms of the Digital Millennium Copyright Act. Please indicate the exact URL of the webpage in your request along with the infringement details.
- If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on BuyingIQ, or if you believe that we have improperly used your registered trademark to promote BuyingIQ on a third-party website or anywhere else, you should send us a message (by using the Contact Us) explaining the issue and also indicating the identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information).
OTHER BUSINESSES AND LINKS TO OTHER SITES
- BuyingIQ may provide, links to other World Wide Web sites or resources, including, without limitation, Merchants and advertisers. Since we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, goods, or other materials or services on or available from such sites or resources.
- You acknowledge and agree that BuyingIQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, goods, materials or services available on or through any such site or resource. You further acknowledge that we will not be party to any transaction or contract with a third party, including, without limitation, Merchants and advertisers, that you may enter into and you agree that you will not involve us in any dispute between you and any third party.
Certain features and services on BuyingIQ.com may require you to register on the website. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on BuyingIQ. You are responsible for safeguarding the password that you use to access BuyingIQ. You agree not to disclose your password to any third party. You agree to take the sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify BuyingIQ of any unauthorized use of your password.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof), access to the Website or use of the Services, and remove and discard any Content within the Services, for any reason, at any time. You agree that we will not be liable to you or any other party for any termination of your access to the website or services or deletion of your account information or user agreement.
BuyingIQ, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
- Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- Your failure to provide BuyingIQ with accurate account information;
- Your failure to keep your password or account details secure and confidential
- The limitations on BuyingIQ's liability to you shall apply whether or not BuyingIQ has been advised of or should have been aware of the possibility of any such losses arising.
By choosing to use the BuyingIQ.com you agree to indemnify, its officers, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) Content you choose to submit, post or transmit through BuyingIQ; 2) your use of or connection to BuyingIQ; 3) your violation of the User Agreement; or 4) your violation of any rights of another;
EXCLUSION OF WARRANTIES
BuyingIQ.com and its services are provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. BuyingIQ does not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. BuyingIQ may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on BuyingIQ, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold BuyingIQ liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on BuyingIQ. In addition, BuyingIQ does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers.