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Terms & Conditions
.LICENSE AND SITE ACCESS
SurfAvenueMall grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase or sell items through the Site’s Storefronts Service, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of SurfAvenueMall. Any unauthorized use shall immediately terminate the licenses and rights granted by SurfAvenueMall and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray SurfAvenueMall, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any SurfAvenueMall, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of SurfAvenueMall, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable). SurfAvenueMall does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within SurfAvenueMall’s control.
SurfAvenueMall provides a number of different services to assist you in comparison shopping for products and services on the Site. SurfAvenueMall is paid by merchants or other third parties for listing products and services on the Site and for promotions such as featured merchants, featured products and showcases. Additionally, through the SurfAvenueMall Storefronts Service, SurfAvenueMall provides a venue allowing users who open member accounts through the SurfAvenueMall Member Agreement (“Member(s)”), including both individuals and merchants, to list for sale new and used products that are described on the Site. SurfAvenueMall receives a transaction fee from Storefronts sellers when a Member has completed the purchase of an item made available by a Member for sale on the Site. SurfAvenueMall does not sell, resell or license any of the products listed on the Site, nor is SurfAvenueMall acting as an agent of sale, and SurfAvenueMall disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller. SurfAvenueMall does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free Site content is provided for informational purposes only and does not constitute an endorsement by SurfAvenueMall of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. SurfAvenueMall assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.
By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant SurfAvenueMall a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to SurfAvenueMall to sublicense and any all of the foregoing rights to third parties, in all cases without compensation to you. In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of SurfAvenueMall, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. SurfAvenueMall reserves the right to change, condense or delete any content on the Site that SurfAvenueMall deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. You agree that you shall not post or provide any information to/for the Sites: In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify SurfAvenueMall (among others) for the content you submit as set forth in the indemnity section, below. You agree that you that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on SurfAvenueMall’s computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without SurfAvenueMall’s prior written consent.
OTHER BUSINESSES AND LINKS TO OTHER SITES
SurfAvenueMall may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by SurfAvenueMall of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. SurfAvenueMall is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use. SurfAvenueMall has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.
GOVERNING LAW / ARBITRATION
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
SurfAvenueMall disclaims any responsibility for the content of any third party materials provided through or on its Site or other services (“Third Party Content”). SurfAvenueMall will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (“DMCA”), which may include SurfAvenueMall removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to SurfAvenueMall regarding matters other than informing SurfAvenueMall that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process. Written notification must be submitted to the following Designated Agent:
To be effective, your infringement notification must include the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site; 3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SurfAvenueMall to locate the material; 4. Information reasonably sufficient to permit SurfAvenueMall to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement, as follows: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and 6. A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Upon receipt of the written notification containing the information as outlined in 1 through 6 above: 1. SurfAvenueMall shall remove or disable access to the Third Party Content that is alleged to be infringing; 2. SurfAvenueMall shall forward the written notification to the alleged infringer (the “Subscriber”); 3. SurfAvenueMall shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to SurfAvenueMall’s Designated Agent that includes substantially the following:1. A physical or electronic signature of the Subscriber;2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; 4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which SurfAvenueMall may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and SurfAvenueMall will comply with this requirement within a reasonable time (or as otherwise required by law), provided SurfAvenueMall’s Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on SurfAvenueMall’s network or system.
Payment, Pricing & Promotions
– Offers that include shipping charge discounts, gift with purchase, services, financing, bundling of items, free items, pricing errors, mail-in offers and online only offers.
|If you see a lower price at…||… then we’ll refund 100% of the price difference, tax included, if:|
|SurfAvenueMall.com, for an item you already purchased from SurfAvenueMall.com|| – the product is not excluded based on the conditions above.
– it’s within the return and exchange period on your product.
– a product of the same brand and model is in stock at SurfAvenueMall.com