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SurfAvenueMall
Terms of Use and Privacy Statement |
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| Last Modified August 23, 2005 |
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| SurfAvenueMall.com, LLC, a New Mexico Limited Liability
Company, including its successors and assigns, ("SurfAvenueMall")
operates the SurfAvenueMall Internet shopping sites and certain co-branded
versions of its site under contract other third parties (collectively,
the "Site"). You may only use the Site pursuant to the following terms
and conditions, which you accept by your use of the Site. Use of the
Site is subject to additional terms and conditions defined by our
content providers ("Licensors") as stipulated on applicable pages
of the Site, which you accept by your use of the Site. SurfAvenueMall
reserves the right to modify or revise these Terms of Use and/or Privacy
Statement or its other policies at any time at its sole discretion.
Any such modifications to the Terms of Use and Privacy Statement shall
be effective within forty-eight (48) hours of being posted on the
Site unless otherwise stated by SurfAvenueMall in writing. You are
bound by such modifications or revisions, and should therefore visit
this page frequently to review the terms. Your continued use of the
Site following SurfAvenueMall's posting of any changes or modifications
to these Terms of Use and/or Privacy Statement will constitute your
acceptance of such changes or modifications. In the event that you
do not agree to any changes or modifications of these Terms of Use
and/or Privacy Statement, you should not continue to use the Site. |
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| LICENSE
AND SITE ACCESS |
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| SurfAvenueMall grants you a non-exclusive right and license
to access and use the Site for personal, noncommercial purposes, other than
to purchase or sell items through the Site's Storefronts Service, or to
purchase items from third-party merchants accessible via links on the Site.
This license does not include and strictly prohibits: any resale of the
Site or its contents; any collection and use of any product listings, descriptions,
or prices other than as expressly authorized herein; any derivative use
of the Site or its contents; or any use of data mining, robots, or similar
data gathering and extraction tools. The Site, including its operation,
interface and contents, are covered by United States copyright laws and
international laws and treaties, and may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any unauthorized
commercial purpose without the express prior written consent of SurfAvenueMall.
Any unauthorized use shall immediately terminate the licenses and rights
granted by SurfAvenueMall and any Licensors hereunder, and may subject you
to civil and/or criminal prosecution. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to any page of the Site so
long as the link does not portray SurfAvenueMall, its subsidiaries, affiliates,
Licensors, co-brand partners and other partners or its or their respective
services in a false, misleading, derogatory or otherwise offensive or damaging
manner. You may not use any SurfAvenueMall, Licensor, subsidiary, affiliate,
co-brand partner, or other partner logo or other proprietary graphic or
trademark as part of a link to the Site without first obtaining the express
written consent of SurfAvenueMall, the subsidiary, affiliate, co-brand partner
or other partner or Licensor (as applicable). |
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| SurfAvenueMall does not guarantee continuous, uninterrupted
or secure access to its services or the Site, and the operation of the Site
may be interfered with by numerous factors outside or within SurfAvenueMall's
control. |
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| CONTENT |
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| SurfAvenueMall provides a number of different services to
assist you in comparison shopping for products and services on the Site.
SurfAvenueMall is paid by merchants or other third parties for listing products
and services on the Site and for promotions such as featured merchants,
featured products and showcases. Additionally, through the SurfAvenueMall
Storefronts Service, SurfAvenueMall provides a venue allowing users who open
member accounts through the SurfAvenueMall Member Agreement ("Member(s)"),
including both individuals and merchants, to list for sale new and used
products that are described on the Site. SurfAvenueMall receives a transaction
fee from Storefronts sellers when a Member has completed the purchase of
an item made available by a Member for sale on the Site. |
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| SurfAvenueMall does not sell, resell or license any of the
products listed on the Site, nor is SurfAvenueMall acting as an agent of sale,
and SurfAvenueMall disclaims any responsibility for, or liability related
to, such products and services (see Disclaimer of Warranties and Limitation
of Liability, below). Any questions, complaints or claims related to any
product should be directed to the appropriate merchant or seller. |
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| SurfAvenueMall does not warrant that product descriptions,
pricing, editorial commentary or any other content of the Site, regardless
of its source, is accurate, complete, reliable, current or error-free. Site
content is provided for informational purposes only and does not constitute
an endorsement by SurfAvenueMall of any product, merchant, seller, service,
or any reviews or comments thereof regardless of the source of such review
or comment. SurfAvenueMall assumes no liability for inaccuracy or incompleteness
in its search results, editorial content, user ratings (e.g. user merchant
rating, or user product rating) or other content on the Site. |
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| CONTENT
SUBMISSION |
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| By contributing or submitting any content to the Site,
you warrant that you are the author and owner of the intellectual property
rights thereto or have the appropriate license and sublicense rights from
the owner, and you grant SurfAvenueMall 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
and/or sell and/or distribute such materials and/or incorporate such materials
into any form, medium or technology, and you also grant the right to SurfAvenueMall
to sublicense and any all of the foregoing rights to third parties, in all
cases without compensation to you. In addition, you warrant that all "moral
rights" that you may have in those materials have been voluntarily waived
by you. None of the materials shall be subject to any obligation of confidence
on the part of SurfAvenueMall, its agents, subsidiaries, affiliates, Licensors,
co-brand partners or other pa rtners and their respective directors, officers,
employees, agents and representatives. SurfAvenueMall reserves the right to
change, condense or delete any content on the Site that SurfAvenueMall deems,
in its sole discretion, to violate the content guidelines or any other provision
of this Agreement. |
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| You agree that you shall not post or provide any information to/for the
Sites: |
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| In contributing or submitting any content to the Site,
you agree not to use a false or misleading email address, impersonate any
person or entity, or otherwise provide any misleading information as to
the origin of any content that you submit. You should also note your obligations
to indemnify SurfAvenueMall (among others) for the content you submit as set
forth in the indemnity section, below. |
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| You agree that you 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 SurfAvenueMall's computer
systems or communications infrastructure. You agree that you will not use
any software robot, spider, other automatic device or manual process to
monitor or copy Site pages or the content contained therein without SurfAvenueMall's
prior written consent. |
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| MERCHANT
REVIEWS |
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| You may submit a merchant review through the Merchant
Ratings System on the Site or through the Shopper Satisfaction Survey to
describe your shopping experiences with merchants. |
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| Upon becoming aware of the same, SurfAvenueMall will omit
any merchant review that it determines on the face of the review (only)
violates any requirements in this Terms of Use or the Member Agreement.
SurfAvenueMall will not itself edit or modify the contents of a merchant review;
it will only remove a review in accordance with the foregoing. |
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| By providing the Invoice Number, you acknowledge and agree
that you may be contacted by SurfAvenueMall and/or the applicable merchant
to which/whom the invoice relates. You acknowledge and agree that your review
may not be displayed if the Invoice Number does not match the associated
information in SurfAvenueMall's records. A merchant may dispute the validity
of an invoice identified by you and may submit a complaint to SurfAvenueMall.
This may result in SurfAvenueMall opening a user review inquiry. During the
user review inquiry, SurfAvenueMall may, in its sole discretion, remove the
contested review, and/or require additional data or proof from the user
to determine whether the review should remain or be reinstated on the Site.
Failure of the user to participate in the user review inquiry will result
in the removal of the contested review from the Site. |
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| In order to submit a merchant review you may be required
to have a Confirmed Member Account or higher.
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| OTHER
BUSINESSES AND LINKS TO OTHER SITES |
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| SurfAvenueMall may provide links to the sites of third-party
merchants, affiliated companies, co-brand partners and other parties. These
links are provided solely as a convenience to you, and do not constitute
an endorsement by SurfAvenueMall of the content of such third-party sites
nor of the business practices of such other businesses, entities or individuals.
SurfAvenueMall is not responsible for examining or evaluating, and does not
warrant or claim responsibility in any way, the products, services, offerings
or business practices of any of these businesses, entities or individuals
or the content of their web sites. You should carefully review their privacy
statements and other conditions of use. |
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| SurfAvenueMall has no control over the business practices
of any third-party merchant or seller, nor does it control in any way the
quality, safety or legality of any item listed on the Site or any business
transaction that occurs as a result of products listed on the Site. |
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| IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED
ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE
SURFAVENUEMALL, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD
PARTIES UNDER CONTRACT WITH SURFAVENUEMALL, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVEFROM AND AGAINST CLAIMS
AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED
AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
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| If you are a California resident, by using the Site, you
explicitly waive the rights granted to you under California Civil Code 1542,
which states: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially affected his settlement
with the debtor." |
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| DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY |
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| THE SITE IS PROVIDED BY SURFAVENUEMALL ON AN "AS IS" AND
ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, SURFAVENUEMALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE,
OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION,
THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, SURFAVENUEMALL SHALL NOT BE RESPONSIBLE FOR ANY
SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE
OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. SURFAVENUEMALL
DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE
OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS
FACTORS OUTSIDE OF SURFAVENUEMALL'S CONTROL. |
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| TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURFAVENUEMALL
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING
THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABER
MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES
REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS
OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS,
OR E-MAIL SENT FROM SURFAVENUEMALL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURFAVENUEMALL WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS
OPPORTUNITIES. |
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| CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, WITH SURFAVENUEMALL'S PRIVACY POLICY
OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR
USE OF THE SITE. |
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| INDEMNITY
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| To the maximum extent permitted by applicable law, you
agree to defend, indemnify and hold SurfAvenueMall, its subsidiaries, affiliates,
co-brand partners, and other parties with which SurfAvenueMall is under contract,
and their respective officers, directors, employees and agents free and
harmless from and against any claims, actions and demands, including, without
limitation, any legal and accounting fees resulting from your use of the
Site and/or your breach of the Terms of Use and Privacy Statement and/or
Member Agreement, and/or resulting form any and all content you submit to
SurfAvenueMall and/or the Site. SurfAvenueMall shall provide notice to you of
any such claim, suit or proceeding. |
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| GOVERNING
LAW/ARBITRATION |
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| These Terms of Use and Privacy Statement will be governed
by and construed in accordance with the laws of the State of California,
without regard to principles of conflicts or choice of law. In addition,
the application of the United Nations Convention on Contracts for the International
Sale of Goods, including any amendments thereto, is expressly excluded hereby.
Except for disputes arising from an alleged violation of intellectual property
rights or breach of confidentiality, for which the injured party may suffer
irreparable harm and may seek a restraining order, preliminary injunctive
relief, an injunction, specific performance or other equitable relief and/or
legal remedies, and actions to enforce the decisions of the arbitrators,
for which action may be taken in any court of competent jurisdiction, all
disputes arising out of or related to this Agreement, including the scope,
the construction or application of this Agreement, shall be resolved by
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association then in force. The arbitration hearings and all
meetings pursuant to this section shall be held in Los Angeles, California,
USA, and shall be conducted in English. If the parties cannot agree upon
a single arbitrator within fifteen (15) days after demand by either of them,
each party shall select one arbitrator knowledgeable about Internet commerce
in California and the USA generally, and notify the other of its selection,
and such two arbitrators shall select a third from a list of arbitrators
(with knowledge of the Internet industry) qualified by the American Arbitration
Association in California. If this procedure for selecting arbitrators fails,
then a neutral arbitrator based in California with knowledge of Internet
commerce in California and the USA generally shall be selected by the American
Arbitration Association to resolve the dispute. The arbitrator(s) shall
conduct a hearing within thirty (30) days after their selection. A majority
of the arbitrators (if there is more than one pursuant to this clause) shall
determine the decision/award, which shall be rendered within five (5) days
after the completion of the hearing. The decision of the arbitrator(s) shall
be final and binding upon the parties both as to law and to fact, and shall
not be appealable to any court in any jurisdiction. The parties shall share
the expenses of the arbitrators equally. Nothing in any indemnification
provision hereunder shall be construed as having any bearing on the award
of attorneys' or arbitrators' fees under this section. |
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| IP
OWNERSHIP AND COPYRIGHT INFRINGEMENT |
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| SurfAvenueMall disclaims any responsibility for the content
of any third party materials provided through or on its Site or other services
("Third Party Content"). SurfAvenueMall will respond to notices of alleged
infringement regarding Third Party Content sent pursuant to, and in accordance
with, the Digital Millennium Copyright Act ("DMCA"), which may include SurfAvenueMall
removing or disabling access to Third Party Content claimed to be the subject
of infringement or other activity. All notices sent to SurfAvenueMall regarding
matters other than informing SurfAvenueMall that a party's copyrighted material
may have been infringed (and relating only to Third Party Content) will
not receive a response through this process. |
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| Written notification must be submitted to the following Designated Agent:
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| INFRINGEMENT
NOTIFICATION |
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| To be effective, your infringement notification must include the following:
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1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single web site are covered by a single
notification, a representative list of such works at that web site;
3. Identification of the material (i.e., the Third Party Content) 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 SurfAvenueMall to locate the material;
4. Information reasonably sufficient to permit SurfAvenueMall 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;
5. A statement, as follows: "I have 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"; and
6. A statement, as follows: "The information in this notification is accurate,
and under penalty of perjury, I swear that I am the copyright owner or that
I am authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed." |
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| Upon receipt of the written notification containing the information as
outlined in 1 through 6 above: |
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1. SurfAvenueMall shall remove or disable access to the Third Party Content
that is alleged to be infringing;
2. SurfAvenueMall shall forward the written notification to the alleged infringer
(the "Subscriber");
3. SurfAvenueMall shall take reasonable steps to promptly notify the Subscriber
that it has removed or disabled access to the Third Party Content. |
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| COUNTER
NOTIFICATION |
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| To be effective, a Counter Notification must be a written
communication provided to SurfAvenueMall's Designated Agent that includes
substantially the following: |
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1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before
it was removed or access to it was disabled;
3. A statement, as follows: "I swear under penalty of perjury that it is
my good faith belief that the material identified above was removed or disabled
as a result of mistake or misidentification of the material to be removed
or disabled";
4. The Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the Subscriber's address is located,
or if the Subscriber's address is outside of the United States, for any
judicial district in which SurfAvenueMall may be found, and that the Subscriber
will accept service of process from the person who provided notification
or an agent of such person. |
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| Upon receipt of a Counter Notification containing the
information as outlined in 1 through 4 above, the DMCA provides that the
removed material will be restored or access re-enabled and SurfAvenueMall
will comply with this requirement within a reasonable time (or as otherwise
required by law), provided SurfAvenueMall's Designated Agent has not received
notice from the original complaining party that an action has been filed
seeking a court order to restrain Subscriber from engaging in infringing
activity relating to the material on SurfAvenueMall's network or system. |
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| GENERAL
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| If any provision of these Terms of Use and Privacy Statement
or the Member Agreement is held to be invalid, void or unenforceable for
any reason, such provision shall be struck and the remaining provisions
shall remain enforceable. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. You agree
that these Terms of Use and Privacy Statement and the Member Agreement and
all agreements and notices incorporated herein may be automatically assigned
by SurfAvenueMall, in our sole discretion, to a third party. You may not assign
your obligations to any other entity. |
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| PRIVACY
POLICY |
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| At SurfAvenueMall.com ("SurfAvenueMall") we want you to know
exactly how and when we collect and use information that can specifically
identify you, such as your name, mailing address, phone number, and email
address ("personal information"). |
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| We do not require that you provide, nor do we collect,
any personal information if you are just browsing the Site. We may offer
on the Site non-transactional and transaction based services ("Service(s)")
in which, subject to applicable terms and availability, you may participate
(e.g., submitting product reviews or becoming a Member to buy or sell items
through the Storefronts Service). In order to provide you with the Services
you request, SurfAvenueMall may require that you first provide certain personal
information, which we determine is reasonably necessary in order for us
to fulfill your request. If you indicate an interest in participating in
a Service, we will identify what specific personal information you must
provide prior to collecting such information. Any personal information which
we collect from you will only be used for the purposes identified in this
Privacy Statement, the SurfAvenueMall Terms of Use and your applicable Member
Agreement with SurfAvenueMall, and as may otherwise be indicated at the time
the information is collected. |
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| SurfAvenueMall will not disclose your personal information
to any third party unless: 1) it is necessary in order to provide you with
a particular Service you have requested; 2) it is required of SurfAvenueMall
in order to comply with a legal process in any applicable jurisdiction (e.g.,
court order, subpoena, search warrant, law enforcement request); 3) SurfAvenueMall
determines, in its sole discretion, that disclosure is necessary to protect
the rights, property, and safety of SurfAvenueMall, its subsidiaries, affiliates,
co-brand partners or other parties under contract with SurfAvenueMall, our
users, or others; or 4) you have provided such data through a partner's
private-level shopping web site hosted by SurfAvenueMall, in which case SurfAvenueMall
may provide your personal data to that partner (SurfAvenueMall is not responsible
for its partners' privacy policies or their use, storage and processing
of data collected on their web sites). In addition, SurfAvenueMall may transmit
information to a merchant, such as an invoice number, which may permit the
merchant to deduce the identity of a user/reviewer in the event that a merchant
disputes a user review on the grounds that a transaction never took place
between the user and the merchant and/or an order was never made by the
user in each case for the applicable product(s)/service(s). |
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| In certain instances, SurfAvenueMall may request that you
provide secondary information (e.g., demographic information), which we
may use, for example, to learn more about our customers and to develop and
improve our services. Any requests for secondary information will be marked
"optional" (or its equivalent). We may compile your personal information
with that collected from other customers to create aggregate data. Aggregate
data is information about groups of customers and, once compiled, will in
no way identify you as an individual. We may disclose aggregate data to
our business affiliates, advertisers, and other parties. |
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| Our web servers collect from Site visitors statistical
information regarding what pages are visited, the date and time of the visits,
how long it took a user to download a page, and the TCP/IP address of the
user. These automated server functions do not collect this information in
a manner intended to identify your individual use of the Site, nor do we
use this information for any such purpose. This information is collected
to assist us in maintaining a high quality site, as well as providing necessary
traffic information to our advertisers. We currently contract with several
online partners to help manage and optimize our Internet business and communications.
We use the services of a marketing company to help us measure the effectiveness
of our advertising and how visitors use our site. To do this, we use Web
beacons and cookies provided by our marketing company on this site. The
type of information we collect includes the product codes and prices for
merchandise that visitors purchase, and the pages visited. By supplementing
our records, this information helps us learn things like what pages are
most attractive to our visitors, which of our products most interest our
customers, and what kinds of offers our customers like to see. Although
our marketing company logs the information coming from our site on our behalf,
we control how that data may and may not be used. |
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| The Site contains cookie technology, which collects non-personal
information about you which is used to customize the Site for your future
use. For example, we utilize a cookie in the BottomLinePrice feature of
the Site to store the zip code that you are using to provide customized
shipping and sales tax information. In conjunction with our in-house advertising,
we use third-party advertising companies to place customized advertisements
on the pages you view on the Site. Our third-party advertising companies
also separately place or recognize a cookie file on your browser in the
course of delivering advertisements to the Site. These companies may use
non-personal information collected by the cookies about your visits to the
Site and other web sites in order to provide you with advertisements about
goods and services of interest to you. |
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| The Site contains links to web sites of third parties.
SurfAvenueMall is not responsible for the actions of these third parties,
including their privacy practices and any content posted on their web sites.
We encourage you to review their privacy policies to learn more about what,
why and how they collect and use personal information. SurfAvenueMall adheres
to industry recognized standards to secure any personal information in our
possession, and to secure it from unauthorized access and tampering. However,
as is true with all online actions, it is possible that third parties may
unlawfully intercept transmissions of personal information, or other users
of the Site may misuse or abuse your personal information that they may
collect from the Site. |
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| SurfAvenueMall uses third-party advertising companies to
serve our ads on the Site. These third-party advertising companies employ
cookie and 1x1 pixel .gifs or web beacons to measure and improve the effectiveness
of ads for their clients. To do so, these companies may use anonymous information
about your visits to our website and other websites, but will not collect
any information which can personally identify you or can be linked to you.
This information can include: date/time of banner ad shown, the banner ad
that was shown, their cookie, and the IP address. This information can also
be used for online preference marketing purposes. |
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| If you want to prevent a third-party advertiser from collecting
data, currently you may either visit each ad network's web site individually
and opt out or visit the NAI gateway opt-out site to opt-out of all network
advertising cookies. |
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| This site will also allow you to review the third-party
advertising companies' privacy policies. |
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| Privacy Statement for Users Transacting Using the Storefronts Service
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| If you participate in a transaction through the Storefronts Service, you
should be aware that SurfAvenueMall will disclose certain of your personal
information to the other transacting party as follows: |
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| If you are the seller or a buyer using the Storefronts Services, we may
provide to the other party to the transaction your: complete name, e-mail
and telephone number. |
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| In the event that a seller and a buyer in a Storefronts transaction agree
to use a money order or cashiers check for transaction payment, the seller
is obligated to receive payment at the address that matches the address
for a valid credit card on file with |
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| For transactional services available to our Members such
as those involving our Storefronts Service, in addition to the above, we
will request credit card information and additional personal data to SurfAvenueMall.
SurfAvenueMall will provide the buyer with the seller's name and address,
and sellers must agree to the provision of this information to buyers by
SurfAvenueMall. verify your identity. SurfAvenueMall may verify the information
provided in membership applications by authorizing a charge on the credit
card provided in the application, not to exceed $5.00, but SurfAvenueMall
does not actually charge the credit card any money in the verification process.
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| AS A SELLER USING THE STOREFRONTS SERVICE YOUR CREDIT
CARD INFORMATION WILL NEVER BE INTENTIONALLY DISCLOSED TO ANY OTHER MEMBER.
SURFAVENUEMALL WILL NOT PASS THE BUYER'S CREDIT CARD INFORMATION TO THE SELLER
IF THE BUYER CHOOSES TO PAY WITH A FORM OF PAYMENT OTHER THAN CREDIT CARD.
WHEN USING THE STOREFRONTS SERVICE, SURFAVENUEMALL MAY DISCLOSE YOUR CREDIT
CARD INFORMATION TO THE SELLER, OR TO THE AGENTS THAT PROCESS THE SELLER'S
CREDIT CARD PAYMENTS, ONLY IF YOU SELECT TO PAY VIA CREDIT CARD FOR YOUR
PURCHASES. SURFAVENUEMALL MAY ALSO DISCLOSE A MEMBER'S CREDIT CARD INFORMATION
TO THOSE COMPANIES THAT SURFAVENUEMALL USES TO AUTHORIZE AND PROCESS CREDIT
CARD PAYMENTS. |
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| Privacy
Statement for SurfAvenueMall Autos. |
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| If you use SurfAvenueMall Autos and click "GET QUOTES",
you consent to SurfAvenueMall releasing your name, email, and telephone number
as identified in your Member account registration and other details provided
by you to Participating Dealers You acknowledge that each Participating
Dealer is independent of SurfAvenueMall, and SurfAvenueMall does not control
how a Participating Dealer may use your personal information as provided
by yourself and/or SurfAvenueMall (subject to applicable terms and conditions).
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| This Privacy Statement is effective as of July 14, 2004
(and last modified April 1st, 2005). SurfAvenueMall reserves the right to
modify or revise this Privacy Statement at any time at its sole discretion
as set forth at the beginning of the Terms of Use. |
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| Copyrights
and Trademarks |
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| Content, graphics, format, design, the user interface
and other copyrighted material on the Site (collectively, "materials")
are protected by copyright law and other intellectual property laws,
and are owned by SurfAvenueMall and/or its licensors (as the case
may be). The materials from the Site are only available for informational
and non-commercial offline use, provided that: the materials are not
modified in any way; all copyright and other proprietary notices and
markings are retained and reproduced in their entirety on any copy
made from any material on the Site; and SurfAvenueMall has, in its
sole discretion, given its prior written approval to such use of the
Site's materials. Any requests to re-use the Site's materials should
be sent to: info@surfavenuemall.com. |
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| SurfAvenueMall, SurfAvenueMall.com and The Smart Place to
Start Your Shopping are registered trademarks of SurfAvenueMall, and the SurfAvenueMall.com
logo and Comparison Shopping Beyond Compare mark are trademarks of SurfAvenueMall.
Any other product names, marks, symbols, trade names, company names and/or
logos which appear within the Site are the property of their respective
owners and appear through the courtesy of, and/or a license from, such owners.
Such marks, in addition to the SurfAvenueMall trademarks, are protected by
US law, including its laws on trademark and unfair competition, and may
also be protected by the laws in other countries. |
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| Copyright © 2005 SurfAvenueMall.com, All rights reserved. |
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