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Terms of Service
If You Do Not Agree to the Following
Terms of Use, Discontinue Using this
Site Immediately!
Your use of our Internet site or any of
the products or services offered on this
site (collectively, the "Services") is
subject to these Terms of Service (these
"Terms"). We may modify these Terms at
any time without notice to you by
posting revised Terms on our site. Your
use of our site constitutes your binding
acceptance of these Terms, including any
modifications that we make.
Some of the Services may be subject to
additional posted conditions. Your use
of those Services is subject to those
conditions, which are incorporated into
these Terms by reference. In the event
of an inconsistency between these Terms
and any additional posted conditions,
the provisions of the additional
conditions shall control.
We have the right, but not the
obligation, to take any of the following
actions in our sole discretion at any
time and for any reason without giving
you any prior notice: 1. Restrict,
suspend, or terminate your access to all
or any part of our Services; 2. Change,
suspend, or discontinue all or any part
of our Services; 3. Refuse, move, or
remove any material that you submit to
our site for any reason; 4. Refuse,
move, or remove any content that is
available on our site; 5. Establish
general practices and limits concerning
use of our site.
You agree that we will not be liable to
you or any third party for taking any of
these actions.
You understand and agree that our
Services may include communications such
as service announcements and
administrative messages from us or from
our partners and that these
communications are considered part of
the Services. You will not be able to
opt out of receiving these messages. You
also understand that our Services may
include advertisements.
Content on our site. Our site
include a combination of content that we
create and that our partners create. All
materials published on our site,
including, but not limited to, written
content, photographs, graphics, images,
illustrations, marks, logos, sound or
video clips, and Flash animation, are
protected by our copyrights or
trademarks or those of our partners. You
may not modify, publish, transmit,
participate in the transfer or sale of,
reproduce, create derivative works of,
distribute, publicly perform, publicly
display, or in any way exploit any of
the materials or content on our site in
whole or in part.
Our site contains content that we create
as well as content provided by third
parties. This content includes, among
other things, product reviews, and other
information. It also includes
information about products and services
offered by parties other than
Watchah.com, such as product
descriptions, specifications, pricing,
availability, and performance. We do not
guarantee the accuracy, the integrity,
or the quality of the content on our
site, and you may not rely on any of
this content.
You may be exposed to content that you
find offensive, indecent, or
objectionable or that is inaccurate, and
you bear all risks associated with using
that content. We have the right, but not
the obligation, to remove any content
that may, in our sole discretion,
violate these Terms or that is otherwise
objectionable.
Third-party sites, products, and
Services. Our site contain links to
other Internet sites owned by third
parties. Your use of each of those sites
is subject to the conditions, if any,
that each of those sites has posted. We
have no control over sites that are not
ours, and we are not responsible for any
changes to or content on them.
Your correspondence or related
activities with third parties, including
payment transactions and goods-delivery
transactions, are solely between you and
that third party. You agree that we will
not be responsible or liable for any
loss or damage of any sort incurred as
the result of any of your transactions
with third parties. Any questions,
complaints, or claims related to any
product or service should be directed to
the appropriate vendor.
Privacy policy. All of the
information that we collect from you,
such as name and email information, is
subject to our privacy policy. Please
see our full
privacy
policy.
Indemnification. You hereby agree
to indemnify, defend and hold
Watchah.com and all of our officers,
directors, owners, employees, agents,
information providers, affiliates,
partners, and licensors (collectively,
the "Watchah.com Parties") harmless from
and against any and all liability,
losses, costs, and expenses (including
attorneys' fees) incurred by any
Watchah.com Party in connection with any
claims.
Disclaimers. We disclaim any
responsibility for the deletion, the
failure to store, the misdelivery, or
the untimely delivery of any information
or material. We disclaim any
responsibility for any harm resulting
from downloading or accessing any
information or material on the Internet
using information from our site.
WE DO NOT WARRANT THAT OUR SITE WILL BE
UNINTERRUPTED OR ERROR FREE. IN
ADDITION, WE DO NOT MAKE ANY WARRANTY AS
TO THE CONTENT ON OUR SITE. OUR SITE AND
ITS CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. ANY MATERIAL
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
THROUGH OUR SITE IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY POTENTIAL
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM YOUR DOWNLOAD
OF ANY SUCH MATERIAL. NEITHER WE NOR ANY
OF OUR PARTNERS MAKES ANY WARRANTY THAT
(i) OUR SITE WILL MEET YOUR
REQUIREMENTS, (ii) OUR SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF OUR SITE WILL
BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL THAT YOU
PURCHASE OR OBTAIN THROUGH OUR SITE WILL
MEET YOUR EXPECTATIONS, AND (v) ANY
ERRORS WILL BE CORRECTED. NEITHER WE NOR
ANY OF OUR PARTNERS MAKES ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT
TO OUR SITE, ANY CONTENT, OR ANY OF OUR
SERVICES, TOOLS, PRODUCTS, OR
PROPERTIES. YOU EXPRESSLY AGREE THAT YOU
WILL ASSUME THE ENTIRE RISK AS TO THE
QUALITY AND THE PERFORMANCE OF OUR SITE
AND THE ACCURACY OR COMPLETENESS OF ITS
CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE OUR SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, OUR LIABILITY
AND THAT OF OUR THIRD-PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
These Terms, including all terms,
conditions, and policies that are
incorporated into these terms by
reference, constitute the entire
agreement between you and Watchah.com
and govern your use of our site,
superceding any prior agreements that
you may have with us.
These Terms shall be construed in
accordance with the laws of the State of
California, and the parties irrevocably
consent to bring any action to enforce
these Terms before an arbitration panel
or before a court of competent
jurisdiction in Fremont, California if
seeking interim or preliminary relief or
enforcement of an arbitration award. If
any part of these Terms is determined to
be invalid or unenforceable pursuant to
applicable law, then the invalid or
unenforceable provision will be deemed
superceded by a valid, enforceable
provision that most closely matches the
intent of the original provision, and
the remainder of the Terms shall
continue in effect. |
