Terms of Service
RandomWalk, LLC Terms and Conditions(Last updated on December 20, 2009)
Terms & Conditions
Please read the following legal information carefully. These terms and conditions may have changed since your last visit to this site. If you do not agree with any of these terms or conditions, do not access or otherwise use this web site or any information contained on this web site. Your access to and use of this web site constitute your agreement to abide by each of the terms and conditions set forth below.
1. ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
RandomWalk provides users with access to shopping services through its network of merchants which may be accessed through any various medium or device now known or hereafter developed (herein after the "Service"). RandomWalk attempts to be as accurate as possible. However, RandomWalk does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release/upgrade of new RandomWalk properties, shall be subject to the T&C. You understand and agree that the Service is provided "AS-IS" and that RandomWalk assumes no responsibility for the deletion, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may be required to register for an account on the site in order to take advantage of certain features of the site. If you choose to register on the sites, or if you otherwise provide information on the sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the sites, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to RandomWalk that is false, inaccurate, outdated or incomplete, or RandomWalk has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, RandomWalk has the right to suspend or terminate your account and to prohibit any and all current or future use of the services (or any portion thereof) by you.
You will receive a password and account designation upon completing the service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RandomWalk of any unauthorized use of your password or account or any other breach of security, and (b) RandomWalk recommends that you exit from your account at the end of each session if using a public computer. RandomWalk cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS
Copyrights and Copyright Agent
All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of RandomWalk or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of RandomWalk and protected by U.S. and international copyright laws. All software used on this site is the property of RandomWalk or its software suppliers and protected by United States and international copyright laws.
You acknowledge that RandomWalk, the RandomWalk logo, all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of RandomWalk and that all other trademarks, product names, company names or logos on the website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this website without the prior written authorization of RandomWalk.
RandomWalk and other marks which may or may not be designated on the Site by a "™", "®", "SM" or other similar designation, are registered, pending or unregistered trademarks or service marks of RandomWalk, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RandomWalk. RandomWalk's trademarks and trade dress may not be used in connection with any product or service that is not RandomWalk's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits RandomWalk. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RandomWalk.
Intellectual Property Rights means all intellectual property rights, including, without limitation, patents, registered designs, trade marks and service marks (whether registered or not), domain names, rights in the nature of unfair competition, copyrights, database rights, design rights, and all similar property rights (in any part of the world).
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RandomWalk, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
7. DISCLAIMERS OF WARRANTY
RandomWalk warrants that it has the authority to grant the rights granted pursuant to this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, RandomWalk, THE COMPANY THAT OPERATES THE WEBSITE FROM WHICH YOU ACCESSED THE SERVICE, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "RandomWalk PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR OTHERWISE WHICH WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES CONTAINED.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE RandomWalk PARTIES MAKE NO WARRANTY THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RandomWalk OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8. LIMITATIONS OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RandomWalk PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RandomWalk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES.
If you are dissatisfied with any RandomWalk material, or with any of RandomWalk´s terms and conditions, your sole and exclusive remedy is to discontinue using RandomWalk´s sites and services.
9. LINKS TO THIRD PARTY WEBSITE
Products and services may be made available to you through the use of third-party web sites ("Third-Party Portals"). If you accessed this Site through a link from a Third-Party Portal or if this Site provides links to any third-party sites, you agree that RandomWalk has no control over the content on such sites AND YOU ACKNOWLEDGE AND AGREE THAT THE RandomWalk PARTIES ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES, THE CONTENT, OR OTHER MATERIALS OFFERED ON SUCH THIRD-PARTY SITES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE RandomWalk PARTIES ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, AND RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD PARTIES. YOU RELEASE THE RandomWalk PARTIES FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THE RandomWalk PARTIES ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD PARTIES.
In addition, a link to a non-RandomWalk web site does not mean that the RandomWalk Parties endorse or accept any responsibility for the content, or the use, of such site. It is the user's responsibility to take precautions to ensure that whatever is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Links on this site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this site.
Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the use of the sites and/or services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third-parties. You agree that the RandomWalk Parties shall not be responsible or 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 advertisers or third-parties on the services.
11. MODIFICATIONS TO SERVICE
RandomWalk reserves the right to change or modify these T&C's, and/or any part thereof, at any time with or without notice. You agree that the RandomWalk Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. The most recent version of this agreement will be located on this website under Terms and Conditions.
By use of the sites and/or services, you consent to receive communications from RandomWalk (via email, regular mail, or a posting on the sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.
13. SITE POLICIES, LICENSE AND SEVERABILITY
RandomWalk grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RandomWalk. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RandomWalk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RandomWalk without express written consent. You may not use any Meta tags or any other "hidden text" utilizing RandomWalk's name or trademarks without the express written consent of RandomWalk. Any unauthorized use terminates the permission or license granted by RandomWalk. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of RandomWalk.com so long as the link does not portray RandomWalk, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RandomWalk logo or other proprietary graphic or trademark as part of the link without express written permission.
RandomWalk reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the sites and/or services, and to block or prevent future access to and use of the sites and/or services for any reason, including your breach of the Terms or other conduct by you that RandomWalk considers inappropriate. RandomWalk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the sites and/or services (or any part thereof) with or without notice. You agree that the RandomWalk Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the sites and/or services.
15. GOVERNING LAW AND JURISDICTION
This Agreement, its interpretation, performance, or any breach thereof, will be construed in accordance with, governed by, and all questions with respect thereto will be determined by, the laws of the State of Indiana applicable to contracts entered into and wholly to be performed within said state. Each Party hereby consents to the personal jurisdiction of the State of Indiana, acknowledges that venue is proper in any state or Federal court in the State of Indiana, agrees that any action arising out of or related to this Agreement must be brought exclusively in a state or Federal court in the State of Indiana, and waives any objection it has or may have in the future with respect to any of the foregoing.