Terms & Conditions
EFFECTIVE: June 13, 2010
PLEASE SCROLL DOWN AND READ THE TERMS OF USE IN THEIR ENTIRETY.
1. ACCEPTANCE OF TERMS
Mini Bargainz, LLC ("MiniBargainz "), owner of MiniBargainz.com, welcomes you and thanks you for using MiniBargainz .com. By accessing and using MiniBargainz.com (the “Site”) you are agreeing to be legally bound by these Terms of Service (“TOS”). IF YOU DO NOT AGREE TO THESE TOS, MINIBARGAINZ IS NOT WILLING TO PROVIDE YOU ACCESS TO THE SITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.
MiniBargainz may modify these TOS from time to time without notice. The changes will appear in these TOS so be sure to check back periodically. Your continued use of the Site after any modification shall constitute your acceptance of the modification.
2. PURCHASING TERMS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
In the unusual event that a product on the Site is listed at an incorrect price or with incorrect information due to typographical error, we reserve the right to correct that information and refuse or cancel any orders placed for the product - whether or not the order has been confirmed.
If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail address provided at the time the order was made.
All items purchased from MiniBargainz are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you at the time of delivery by our fulfillment center to a common carrier.
3. YOUR ACCOUNT; PRIVACY
When you register or otherwise transact with us, you agree to provide us with true and accurate information about yourself (“Registration Data”). Your Registration Data and certain other information about you are subject to our Privacy Policy at http://www.minibargainz.com/privacy-policy.php
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You must be 18 years or older in order to make purchases on the Site.
4. INDEMNITY
You agree to indemnify and hold MiniBargainz and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of these TOS.
5. TERMINATION; CHANGES TO SITE
MiniBargainz may terminate your MiniBargainz.com account at any time with or without notice. MiniBargainz may discontinue or change the Site at any time with or without notice. You agree that MiniBargainz shall not be liable to you or any third party for any modification or discontinuance of the Site or termination of your account.
6. LINKS
MiniBargainz may link to or promote other Web sites or resources. MiniBargainz has no control over those sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
7. PROPRIETARY RIGHTS; LIMITATIONS ON USE
The content displayed on MiniBargainz.com including: text, graphics, images, audio, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") is the property of MiniBargainz or its third party licensors and is protected by copyright and other intellectual property laws. You may not reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create new works from, or commercially exploit the Content. You agree not to rearrange or modify the Content. You agree not to scrape, display or upload Content for use on another web site, service, blog, mail list or electronic bulletin boards. You may not use Minibargainz.com for any unlawful purpose.
8. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABLITY
THE SITE AND ALL CONTENT, PRODUCTS, MATERIALS AND SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK
MINIBARGAINZ AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “MINIBARGAINZ PARTIES”) SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FOREGOING PARAGRAPH APPLIES TO THE SITE, ITS CONTENT, AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE MINIBARGAINZ PARTIES SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE AND ITS CONTENT, OR FROM MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE INCLUDING:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
MINIBARGAINZ DOES NOT WARRANT THAT THIS SITE OR CONTENT; THEIR SERVERS; OR E-MAIL SENT FROM MINIBARGAINZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE LIMITATIONS ON MINIBARGAINZ ’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT MINIBARGAINZ HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
9. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and MiniBargainz and governs your use of the Site.
The TOS and the relationship between you and MiniBargainz shall be governed by the laws of the State of California without regard to its conflict of law provisions.
The failure of MiniBargainz to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.