Acknowledgment & Acceptance
· By using the a2zDeals.com web-site ("a2zDealsTM"), you (“Member”) agree that you have read and understood this Agreement ("Agreement") and that your usage of a2zDeals.com and its member sites shall conform to its terms and conditions. If you do not agree to the terms and conditions set forth below, please do not use the website or any information contained therein..
· a2zDeals.com is under no obligation to provide Members with any information.
· a2zDealsTM is owned and operated by a2zDeals.com, LLC.
Terms of Participation
· The official rules for the current a2zDealsTM Giveaway are as follows. a2zDealsTM plans to Giveaway 3 prizes, once prize a month, starting April 1, 2001. To enter the Giveaway, individuals must join the a2zDealsTM program. The valid membership qualifies for one entry for the Giveaway pool. Each valid email sent by the member through the Refer-a-friends program gets the member an additional entry. No purchase is necessary to participate in this Giveaway. The winner will be selected at random from among all eligible entries received by the time of the drawing. The winner will be announced in the a2zDeals.com newsletter. The winner would have 7 days to respond to claim the prize. The prize will be awarded by mail. Odds of winning will depend upon the number of eligible entries received.
This giveaway is open only to U.S. residents who are 18 years or older at the time of entry. Employees of a2zDealsTM, its subsidiaries, advertising and promotion agencies, and their immediate family members and those living in the same household of each are not eligible for the Giveaway. Void where prohibited by law. a2zDealsTM and their affiliates are not responsible for technical hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions which may limit a user's ability to participate in the Giveaway, or for entries otherwise not received in time for the Giveaway. No substitution or transfer of prize is permitted except by a2zDealsTM as may be necessary due to unavailability, in which case a prize of equal or greater value will be awarded. All taxes on prize, including income taxes, and any incidental expenses associated with collection of the prize are the responsibility of the winner. Winner assumes all liability for any damages caused or claimed to be caused by participation or by any prize and releases a2zDealsTM and its affiliates from any such liability. Acceptance of prize constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. By participating in the giveaway, entrants agree to be bound by these Official Rules from a2zDealsTM.
Disclaimer of Warranties
· Member expressly agrees that use of a2zDealsTM is at the Member's sole risk.
· a2zDealsTM and all services offered therein are provided on a strictly "as is" and "as available" basis. A2ZDEALS.COM MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR INFORMATION OBTAINED BY MEMBERS THROUGH A2ZDEALSTM OR THROUGH A2ZDEALSTM ADVERTISERS OR PARTNERS; THAT A2ZDEALSTM WILL MEET MEMBERS' REQUIREMENTS; OR THAT A2ZDEALSTM WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES A2ZDEALS.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A2ZDEALSTM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH A2ZDEALSTM.
· a2zDeals.com expressly disclaims any and all
express and implied warranties, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. a2zDeals.com shall not be liable or responsible for those
guarantees, warranties and representations, if any, offered by a2zDealsTM
advertisers, partners, manufacturers of merchandise or suppliers of services.
No advice or information, whether oral or written, obtained by Member from a2zDeals.com
or through a2zDealsTM shall create any warranty not expressly made
Limitation of Liability
· A2ZDEALS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN A2ZDEALSTM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
· a2zDeals.com is not responsible for damages or losses that result from participating or inability to participate in a2zDealsTM, or reliance on or use of information, services, or merchandise provided on or through a2zDealsTM.
· Member acknowledges and agrees that a2zDeals.com neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
· a2zDeals.com is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points.
· In no event shall a2zDeals.com's liability,
either jointly or severally, exceed $0.01.
Participation in Promotions of Advertisers and Partners, and the Deals
· Member's correspondence with or
participation in promotions of a2zDealsTM advertisers and partners are
solely between corresponding Member and the advertiser or partner. a2zDeals.com
assumes no liability, obligation or responsibility for any part of any such
correspondence or promotion, including without limitation withdrawal or
modification of any offer or promotion.
Proprietary Rights to Content
· Member acknowledges that a2zDealsTM content (including but not limited to text, sound, photographs, graphics or other material contained in any a2zDealsTM communication, advertisements or messages, whether by a2zDeals.com or a2zDeals.com's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service or software as expressly authorized by a2zDeals.com, its advertisers and partners, as the case may be.
· a2zDeals.com reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be linked from the a2zDealsTM Web site home page.
· Member's non-termination or continued use of a2zDealsTM constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Service Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may not use a2zDeals.com or any of services provided by a2zDealsTM.
· a2zDeals.com reserves the right to modify or discontinue the a2zDealsTM service with or without notice to Member.
· a2zDeals.com shall not be liable to Member
or any third party should a2zDeals.com exercise its right to modify or
discontinue the a2zDealsTM service.
· All notices given by a2zDeals.com to you
will be given by email or by general posting on the a2zDealsTM Web
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Sacramento, California, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
· This contract shall be governed by the law of the State of California, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.
· Member and a2zDeals.com agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
· This Agreement constitutes the complete and exclusive understanding between a2zDeals.com and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
· If any provision(s) of this Agreement is held by the arbitrators to be 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.
· a2zDeals.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by a2zDeals.com in writing.
· Member agrees to indemnify and hold a2zDeals.com, its affiliates, officers and employees harmless from any claim, demand, expense or damage, including reasonable attorneys' fees relating to use of a2zDealsTM or violation of this Agreement.