Effective Date: March 1, 2017
Search Results and Content
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. !We do not sell, resell or license any of the products that appear on the Site and we are not an agent for the sale of any such products. We simply connect users to third party online merchants. Users transact business directly with such merchants. You acknowledge that we have no responsibility or liability for any products that you purchase from, or any dealings you might have with, an online merchant listed in our search results. You agree that you will contact the online merchant directly for customer service, technical support and any other inquiries regarding your purchase, and the bank or other payment processor regarding any payment issues. !You acknowledge that we do not warrant that any of the content on the Site is accurate, update, complete, or reliable, and that we assume no liability for any inaccuracies in, or the incompleteness of, any of the search results, product reviews, ratings, buying guides or other content appearing on the Site.
Third Party Sites and Third Party Content
Personal Use Only
The Site and Services are made available for your personal, nonsearch” 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.
No Representations or Warranties
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 ERRORFREE NATURE OF THE SITE OR THE SERVICES.
Limitation of Liability
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.
Governing Law; Other