USER AGREEMENT


Welcome to WhenUShop! Our mission is to save Internet shoppers time, money and aggravation by providing you relevant information when you need it. Please read the following USER AGREEMENT carefully; by using WhenUShop, you agree to abide by the terms of this Agreement.

1. General
Material appearing on WhenUShop is for informational purposes only. While WhenUShop endeavors to provide accurate, up-to-date and useful information, errors may appear from time to time. WhenUShop uses a variety of informational sources, but does not independently verify the accuracy of such information. In addition, WhenUShop only provides summaries of certain information, such as privacy policies. These summaries do not include all the details contained in the original sources. Before purchasing any goods or services you have read about on WhenUShop, you should confirm with the vendor the accuracy and full details of any information that is important to your purchasing decision.

WhenU.com, Inc. is not responsible for and does not guarantee the freshness or accuracy of the information provided on WhenUShop, nor the performance of any products or services purchased from the vendor websites annotated by WhenUShop. Although WhenUShop provides links to other websites not operated by WhenU.com, Inc., WhenU.com, Inc. is not responsible for the products or services on such websites.

In keeping with our mission to provide relevant information in a rapidly changing environment, we offer a $5 WhenU Challenge to users who notify us of a mistake in the information we provide. Certain restrictions apply. Separately, if you own or operate a website annotated by WhenUShop and believe the information presented about your website is inaccurate, please notify us immediately via email at merchants@whenumail.com, or US mail:

Merchant Relations
WhenU.com, Inc.
1 Penn Plaza
Suite 4532
New York, NY 10119

Given the unlimited number of possible computer system configurations, it is impossible to be certain that WhenUShop will not interfere with a particular system. If you experience any difficulties in downloading or using WhenUShop, please contact us or send a note to:

Tech Support
WhenU.com, Inc.
1 Penn Plaza
Suite 4532
New York, NY 10119

WhenU.com, Inc. is not responsible for damages that may arise if using WhenUShop interferes with the other functions or applications on particular computer systems.

WhenUShop is a personal tool intended for private use by individuals. Please ensure that you are authorized to download it onto the computer from which you intend to use it.

WhenUShop respects the privacy of its users. Please take a moment to read our Privacy Policy.

2. Intellectual Property Rights
WhenUShop and the WhenUShop logo are registered trademarks of WhenU.com, Inc. The names of other products and services referred to on WhenU.com may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on WhenU.com without the prior written consent of the owner of the mark.

WhenUShop is for your personal, non-commercial use only. Materials on WhenU.com are the property of WhenU.com, Inc. or its licensors, and are protected by international copyright laws and applicable international conventions. Except as explicitly provided in this Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on WhenU.com. You may display and occasionally print a single copy of any page on WhenU.com for your personal, non-commercial use, but you may not otherwise reproduce any material on WhenU.com without WhenU.com, Inc.'s prior written consent. Requests for such permission should be sent to the address below. All contents of WhenU.com are: © 2000 WhenU.com, Inc. and/or its licensors. All rights reserved.

Owners of intellectual property who believe their intellectual property has been improperly posted or distributed via WhenU.com may notify us via email at legal@whenumail.com, or US mail:

Legal Department
WhenU.com, Inc.
1 Penn Plaza
Suite 4532
New York, NY 10119

3. DISCLAIMER
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION ON THIS WEBSITE. THIS SERVICE IS PROVIDED TO YOU "AS IS." WHENU.COM, INC. AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, FRESHNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO OR ADVERTISED ON THIS SERVICE). NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNLESS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL WHENU.COM, INC. OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF WHENU.COM, INC. AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO THE SERVICE FOR USE OF THE SERVICE DURING THE PRECEDING 12 MONTHS.

4. Miscellaneous
This Agreement shall be governed by the law of the State of New York, without regard to its conflict of laws rules. Any disagreement arising under this Agreement will be resolved by binding arbitration in the State of New York in accordance with the rules then in effect of the American Arbitration Association. Judgment upon any award in such arbitration may be entered and enforced in any court of competent jurisdiction.

The Internet is an evolving medium. WhenU.com, Inc. may change the terms of this Agreement from time to time. Each time you use WhenUShop, you agree to be bound by the terms of this agreement as modified. WhenU.com, Inc. may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time.

BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS USER AGREEMENT.

5. Terms and Conditions
Upon registration, you will have 30 days to enjoy WhenUShop for free. If you decide to continue with the service after the free trial, an annual membership fee of $29.95 (approximately $2.50 per month) will be charged to the credit card you provided upon registration. If you choose to cancel before your free trial period ends so that you are not billed, simply fill out a membership cancellation form available here or on our FAQ page: http://www.whenushop.com/faq.html. Satisfaction guaranteed or your money back. Only one unique user per account.

6. Cancellation
To cancel your WhenUShop membership, click here.

 

Copyright ©2003 WhenU.com, Inc. All Rights Reserved.

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