Terms of Use

 

NexTag.com Terms of Use
Effective Since October 6, 2010

IMPORTANT:

Please read these Terms of Use (the “Agreement”) carefully. This Agreement governs your use of websites owned or operated by Nextag, Inc. (“Nextag”) or permutations of those sites, including certain co-branded versions of those sites with third parties that refer to these Terms of Use by a direct hyperlink (collectively, the “Websites”) and the services provided by Nextag through or in connection with the Websites (collectively, the “Service”). Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service.

  1. NEXTAG IS ONLY A VENUE.The Websites act as online marketplaces for you to find and transact with merchants or providers of services that advertise and/or sell products or services on the Websites. Nextag is not a service provider or seller and does not sell any products or provide any of the services advertised on the Websites (other than the Service) and is not a party to any transaction you may make with a merchant or service provider. Nextag is not acting as an agent of sale or an agent of any seller or provider of products or services. Nextag does not have any responsibility for, or liability related to, any product or service listed on the Websites. Except for products purchased from a merchant through a Nextag Store, you should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider. Nextag does not endorse, warrant or guarantee the products or services of any seller, lender or broker.

    Nextag does not warrant or guarantee in any way that prices, shipping costs, taxes, products or descriptions, or any other content on the Websites is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and Nextag shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Website. If there is any discrepancy between information on the Websites and information on a merchants or service providers site, the information on the merchants or service providers site shall govern.

    With respect to educational offerings advertised on the Websites, Nextag is not responsible for and does not assist with any applications of any sort and does not control or guarantee admission or availability or eligibility for financial aid or other funding.

    Nextag is not liable for any delay, inaccuracy, error or omission with respect to information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. Nextag is not liable for any act or omission of any merchant or service provider on the Website. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services.

    Nextag may, in its sole discretion, alter, modify, amend, update, or otherwise change, any information displayed on the Websites without notice and for any reason, including but not limited to effecting compliance with its then-existing policies.

  2. TRANSACTIONS. Some merchants or service providers conduct transactions through their own stores or through their own application processes. In these cases, you will be directed to the merchant's or service provider's website (such as by following a link from the Websites to the merchant's or service provider's website) or the merchant or service provider will contact you. Any transaction, application or other interaction between you and the merchant or service provider on or through the merchants or service providers website, offline store or application process will be pursuant to any terms or agreements made available by such merchant or service provider.

    In some cases, we provide merchants with the ability to create an online store through which they advertise their products. We refer to these merchant stores as “Nextag Stores”. We provide payment processing services for merchants who use Nextag Stores (the Stores Processing Service), but all sales are sales by the merchant. You acknowledge and agree that Nextag shall establish the terms, policies or other agreements regarding use of the Stores Processing Service for completion of any such transaction, and you agree to be bound by such terms, policies or agreements. Unless otherwise agreed to in writing by Nextag, Nextag does not undertake any obligation or liability in respect of the Stores Processing Service.

    In all cases, transactions are entered into between you and the merchant or service provider, and neither Nextag nor any of its co-branded partners, licensees or affiliates (collectively “Partners”) shall assume any liability, obligation or responsibility in connection with any transaction between you and the users of the Website.

    By participating in any transaction involving or resulting from your use of the Service, you acknowledge and agree that this Agreement and any terms of service or other policies established by third parties shall govern all transactions in which you participate through the Service.

  3. NEXTAG STORES. We may provide merchants with the ability to create Nextag Stores. We provide the Stores Processing Service for merchants who use Nextag Stores, but all sales are sales by the merchant. In your capacity as a buyer of products or services through a Nextag Store, you acknowledge and agree that:

    • You authorize Nextag to process payment transactions as specified by you and to pass on any payment transaction information or shipping or other information provided by you to merchants from whom you order products. In addition, you authorize adjustments or reversals to be made to your payment method (e.g., credit card, debit card or other means of payment accepted by Nextag) in connection with returns, cancellations, reversals, refunds, chargebacks, or other payment adjustments.

    • Each merchant posts its return policy and other relevant policies on its Nextag Store. Your transaction is subject to the policies posted by the merchant. For more information on Nextag Stores policies, please see the Buyer FAQ.

    • Nextag may cancel an order in its discretion, such as if the merchant notifies Nextag that the product is not in-stock, the merchant fails to confirm receipt of the order or shipment within timeframes established by Nextag or otherwise fails to comply with Nextag's requirements, if Nextag believes that an order may not comply with Nextag's policies or requirements or this Agreement, or if the merchant cancels the order. Nextag has no liability for any order canceled by it, other than to return any payment made by you for the canceled order.

    • If the information or description for a product is incorrect, your sole remedy is to return the product as set out in the merchant's return policy.

    • Nextag may provide the Stores Processing Service to you in connection with products you purchase through a Nextag Store, but Nextag is not a party to any transaction between you and the seller of any product purchased through the Nextag Store, and, Nextag shall not be liable or responsible in connection with any part of your transaction or any issue or dispute related directly or indirectly to such transaction.

    • Nextag does not guarantee the identity of any merchant and has no control over and does not warrant in any way the legality, truth, accuracy, or quality of the products or information listed by the merchant on its Nextag Store. Nextag hereby disclaims all warranties, representations, and terms and conditions that may relate in any way to any product listed in any Nextag Store, whether express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement. Nextag does not endorse any merchant.

    • You will hold Nextag harmless and indemnify Nextag and its subsidiaries, affiliates, Partners and service providers, and their respective directors, officers, employees and agents, against any and all claims with respect to any transaction you engage in with any merchant or other user through a Nextag Store.

    • To the extent you complete a transaction through use of a Transaction Processor, Nextag shall not be held responsible or liable for any resulting harm or damage that may result from, or arise from, any misuse of your personal information (except where such misuse arises directly as a result of an act or omission of Nextag).

    • Nextag does not control the business practices of merchants, and you agree to notify Nextag at StoresSupport@nextag.com of any activity of a merchant or service provider that you believe is fraudulent, deceptive, or misleading.

    • Any purchase you make at a Nextag Store shall be governed by this Agreement and any other terms of use, policy, or other agreement of the merchant, which shall be posted or otherwise made available at such Nextag Store.

    • Nextag may, at any time in its sole discretion, terminate your ability to use or purchase products at a Nextag Store.

    • Certain features of the Nextag Stores service may be accessible to you through certain mobile carriers (the "Mobile Services"). While Nextag currently does not charge for the Mobile Services, your carrier's normal messaging, data, and other rates and fees will still apply. By using the Mobile Services, you acknowledge that certain information about your usage of the Mobile Services may be communicated to Nextag.

    • Nextag shall not bear any responsibility or obligation for order processing, fulfillment or associated costs in connection with products you purchase at a Nextag Store.

  4. LINKS. Nextag and its Partners may provide links to external websites or resources (which are not the Websites) for your convenience and reference only. Nextag and its Partners do not control or endorse and are not responsible for the availability of or your experience on these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. Once you link to an external website, you understand that you should read and understand that websites privacy statement and other conditions of use. You cannot make any claim against Nextag (or its subsidiaries, affiliates, Partners or service providers, or each of their respective directors, officers, agents, and employees) arising out of your use of external websites or resources.

  5. MEMBER REGISTRATION. You must register as a Member with Nextag to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You may not use the Websites and Service if your Nextag account has been suspended. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. Nextag and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify Nextag immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to BuyerSupport@nextag.com.

  6. OWNERSHIP. All of the material included on the Websites or provided in the Service, including but not limited to trademarks, text, graphics, logos, service marks, and copyrights (collectively, the “Content”), is the property of Nextag and other parties. U.S. and international copyright laws protects all Content available on the Websites. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Websites for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not use, modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.

  7. LICENSE.

    • Grant of License. You hereby grant to Nextag, on all media, whether now known or hereinafter devised, a non-exclusive, irrevocable, worldwide, perpetual, sublicensable, assignable, royalty-free license to: display, publish, use, translate, create derivative works from, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to Nextag that are not clearly marked as confidential ("Member Content") such as seller and product reviews (as described below) and display your name or user name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with Nextag's current content submission guidelines. Nextag shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Websites at any time in its sole discretion. Nextag has no obligation to monitor Member Content submitted by you or others in connection with the Websites. Unless or until Nextag specifies another form of delivery of Member Content or another URL address, you may submit Member Content to Nextag at http://www.nextag.com. As the sole consideration for the license and rights granted to Nextag under the Agreement, Nextag will consider posting Member Content on the Websites. Nextag may, but is not required to, edit or modify any Member Content as appropriate to comply with Nextag policies.

    • Ownership, Copyright and Trademarks.You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to Nextag, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by Nextag to others.

  8. ACCEPTABLE USE OF THE WEBSITE.Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.

    In addition, the following rules apply to your use of the Service:

    • You certify to Nextag that you are at least 18 years of age and that you are able to form legally binding agreements.

    • You assume full responsibility for the use of the Service by any minors.

    • Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.

    • You are solely responsible for the content of your transmissions. You acknowledge and agree that Nextag does not endorse the actions, the contents of communications, or the products of any user, service provider or merchant.

    • You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.

    • You must complete all transactions you agree to complete in connection with the Service.

    • You must abide by all of the then-current terms of Nextag's Privacy Policy as set forth on the Websites and as updated from time to time by Nextag in its sole discretion.

  9. PROHIBITED CONDUCT. You must not: (i) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (ii) directly or indirectly interfere or attempt to interfere with the proper working of any of the Websites, any account, or any communication or transaction being conducted on our Websites; (iii) use any robot, spider, scraper, other automatic device, or manual process to monitor or copy our web pages or the Content for any purpose without our prior expressed written permission; (iv) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (v) use or disclose (to anyone except Nextag where legally permitted) any information you obtain about or from other users of the Service, or that you obtain from Nextag if such information is marked confidential, for any purpose except fulfillment of orders initiated by the users or negotiating prices with the users, (vi) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, (vii) send any unsolicited email or advertising to any known user or (viii) use the Services for any use other than personal, non-commercial purposes unless specifically approved in writing by Nextag, in its sole discretion.

  10. REVIEWS AND OTHER CONTENT. You and other users may post content or view content posted by others on the Service. Nextag does not undertake any obligation to monitor such content and is not responsible for, and does not endorse, any content posted by any user.

    • You may submit reviews to describe your shopping experiences with products or with merchants and service providers. In submitting your reviews:

      • You agree only to submit a review in good faith about a merchant or service provider from whom you have actually purchased or attempted to purchase products or services. Your review must be an accurate description of your experience with the merchant or service provider.

      • Any review that you submit is subject to the terms, conditions and restrictions described elsewhere in this Agreement and to Nextag policies regarding reviews and user content.

      • Nextag may impose reasonable restrictions on your reviews and establish rules to help ensure that reviews are legitimate and appropriate. Nextag may omit or remove any merchant review that it determines violates any requirements in this Agreement or any other agreement.

      • Nextag may edit any review displayed on the Websites without notice in order to comply with its then-existing policies, provided that Nextag will not materially change the meaning or substance of the review.

      • Merchants or service providers may dispute the validity of a review, and Nextag may remove the review or take other actions that it believes are appropriate.

      • You understand that reviews are submitted by other users. Nextag has no responsibility for the content or accuracy of any reviews.

  11. PRIVACY POLICY. Please read Nextag's Privacy Policy. By accepting the Agreement, and each time you use the Service, you consent to Nextag's collection, use and disclosure of your information or Registration Data in accordance with the Privacy Policy without any further notice or any liability to you or any other person.

  12. INDEMNIFICATION. You agree to indemnify and hold Nextag, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Service or the content therein, (ii) the violation of this Agreement by you, or (iii) the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, users may provide information that is offensive, false, harmful, or deceptive. Nextag and its service providers assume no responsibility whatsoever for such content or actions.

  13. DISCLAIMER OF WARRANTIES. NOTHING IN THESE TERMS OF USE SHALL AFFECT THE STATUTORY RIGHTS YOU ARE ENTITLED TO AS A CONSUMER TO THE EXTENT THAT SUCH RIGHTS CANNOT BE WAIVED OR ALTERED BY YOUR CONTRACTUAL AGREEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEXTAG PROVDIES THE SERVICE ON AN "AS IS" BASIS. NEXTAG AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (WHETHER BY STATUTE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEXTAG AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY, OR TERM OR OTHER CONDITION (i)THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (ii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NEXTAG AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY, TERM OR CONDITION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXTAG OR THROUGH THE SERVICE, SHALL CREATE ANY REPRESENTATION, WARRANTY, TERM OR CONDITION NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    WHILE NEXTAG TAKES REASONABLE STEPS TO SAFEGUARD AND TO PREVENT UNAUTHORIZED ACCESS TO YOUR INFORMATION AND REGISTRATION DATA, WE CANNOT BE RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS, AND WE MAKE NO REPRESENTATION, WARRANTY, TERM, OR CONDITION, EXPRESS, IMPLIED OR OTHERWISE, THAT WE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PRIVATE INFORMATION. IN NO EVENT SHALL NEXTAG BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NEXTAG WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

  14. LIMITATION OF LIABILITY. NEXTAG AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NEXTAG OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NEXTAG AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY NEXTAG OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER NEXTAG OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NEXTAG FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.

  15. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE Nextag, ITS SUBSIDIARIES AND AFFILIATES, ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. If you are a California resident, you waive California Civil Code §1542, which says: "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," as well as any other statute or common law principle of similar effect.

  16. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. Nextag may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If Nextag terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, Nextag may remove from the Websites and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.

  17. DISPUTE RESOLUTION (The "Arbitration Clause"). In the event of a dispute, you and Nextag agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a Dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605(http://www.adr.org), the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191(http://www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111(http://www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization.

    Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. You and Nextag shall agree on one arbitrator to conduct the arbitration. The arbitrator shall apply governing substantive law in making an award. In any arbitration, Nextag will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. Nextag will pay additional arbitration expenses to the extent that the arbitrator determines that Nextag must in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.

    The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.

    THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NEXTAG WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST NEXTAG INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT, WIS. STATS. 426.110.

  18. TRADEMARK AND COPYRIGHT NOTICES. The Websites are venues that, among other things, allow merchants to post product and service information for review by interested consumers and allow consumers to provide information and feedback on merchants, products and services. If you believe that a merchant or other user has acted in connection with the Websites in a way that infringes your trademark or copyright, Nextag encourages you to resolve your dispute directly with the merchant or user. Merchants or users may have placed the same or similar information or content on other websites or media, and working directly with the merchant or user will often be the most effective way to resolve your dispute. Nextag does not control and has no responsibility for content that appears on, or products or services sold or offered on or through, third party websites that may be accessed through the Websites, and you should contact third-party sites directly to resolve any disputes that you may have with them.

    • To provide a notice of copyright or trademark infringement relating to the Websites, please provide the following information to Nextag Copyright Agent:

      • A description of the copyrighted work, trademark or other intellectual property that you claim has been infringed;

      • The location on the Websites of the material that you claim is infringing, with enough detail to allow us to locate it;

      • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

      • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;

      • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark or other intellectual property; and

      • Your address, telephone number, and email address.

    • All correspondence regarding intellectual property matters should be sent to Nextag's Copyright Agent at:

      By mail
      Copyright Agent
      Nextag, Inc.
      2955 Campus Dr., 3rd Floor
      San Mateo, CA 94403
      By email
      IPNotices@nextag.com
      By fax
      (650) 341-3779
  19. NOTICES. Except as stated otherwise, any notices shall be given by postal mail to Nextag, Inc., Attention: Legal Department, 2955 Campus Dr., 3rd Floor, San Mateo, California 94403.

  20. ELECTRONIC COMMUNICATIONS. We provide our Service online, and you will interact with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications and/or agreements be in writing.

  21. GENERAL. The Agreement comprises the entire agreement between you and Nextag and supersedes all prior agreements regarding the subject matter contained herein. Nextag may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (i) acknowledgment by you of this Agreement and its amended terms; and (ii) agreement by you to abide and be bound by the Agreement and its amended terms.

    • This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Nextag's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nextag in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.

    A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 
We make reasonable efforts to maintain the accuracy of product and pricing information displayed on our site. In the event of a discrepancy, the information on the store's site will apply. We encourage you to report any errors you find. We are not liable for any actions taken nor responsible for any loss or damage resulting from business conducted with listed companies. We are compensated by merchants whose products are displayed. For complete details, see our Terms of Use.