When you enter a search term into the ShopWiki shopping search engine, the Site displays the results of your search. Such search results consist of offers from online merchants and other third parties on the Internet. We do not independently verify the accuracy of any of the information included in our search results. You agree and acknowledge that we make no representation or warranty with regard to any information that appears on the Site or that is linked to by the Site. It is your responsibility to verify pricing, product availability and product description with the online merchant. Offers from these vendors are subject to change at any time, and may have many additional restrictions and limitations. Please carefully review the terms and conditions of any offers found on the Site.
The Site and Services are made available for your personal, non-commercial use only. You may not use the Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror the ShopWiki home page or results pages on your website. You may not "meta-search" the Site. If you want to make commercial use of the Services, you must enter into a written agreement with us to do so in advance.
Users are encouraged to contribute content to the Site, whether in the form of reviews, comments, information, edits to existing content, ratings, video content or suggestions. With respect to any such content that you might contribute, you represent and warrant that (a) you are the sole owner of such content, (b) you have all necessary rights to contribute such content and (c) none of your contributed content is subject to a confidentiality obligation. You grant to us a worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to sublicense, use, copy, modify, create derivative works from, delete, display, publish, distribute and sell such content, and to incorporate such content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you.
User Conduct; General Practices
You agree not to use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site, or to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT, OFFERS, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE SITE OR THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA, THAT ARISE IN WHOLE OR IN PART FROM THE SITE OR THE SERVICES, OR THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, OR THE CONTENT CONTAINED ON, OR LINKED TO BY, THE SITE, OR FAILURE TO PROVIDE THE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF UNLESS WE MAKE MATERIAL CHANGES TO OUR PERSONAL INFORMATION COLLECTION AND/OR USE PRACTICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.