General Terms and Conditions
We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Bargain Troll makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location. We do not warrant that the Site or any functions contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL BARGAIN TROLL OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BARGAIN TROLL WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
All Content, including without limitation, any advice, recommendation or opinion, offer or coupon, grocery product, recipes, gift cards, drug, and health information is provided on or through the Site for general informational purposes only, and should not be construed to indicate that any such Content is endorsed by Bargain Troll, nor is there any representation or warranty by Bargain Troll that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
We makes no representation or warranty to the accuracy of any offers, including, but not limited to, coupons posted (indexed or listed), rebates, discounts, otherwise made available on the Site or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the Site. Bargain Troll is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Site and is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use.
In no event will Bargain Troll be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password, either with or without your knowledge. However, you could be held liable for losses incurred by Bargain Troll or another due to someone else using your account or password. You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any Bargain Troll networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Bargain Troll networks or systems, or to interfere or attempt to interfere with any Bargain Troll networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Bargain Troll, networks or systems.
You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. Any account you create is not transferrable. You agree not to register for more than one(1) Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
Parental Notice for Children
Bargain Troll is concerned about the safety and privacy of all its users, particularly children. If you are under 18 years of age, you are prohibited from using or accessing the Site at any time or in any manner, or submit any information to the Site.
Bargain Troll cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
Review of Submissions
Our Right to Use User Content
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or by any other user, host, or network, including without limitation by means of any activities conducted on the Site such as submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site; (iii) violate or attempt to violate any security features of the Site such as bypassing any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); attempting to override or circumvent any security or usage rules embedded into the Site that permit digital materials to be protected or to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; deep-linking to any portion of this Site without our express written permission; acting illegally or maliciously against the business interests or reputation of Bargain Troll or the Merchants promoted via the Site; reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site; misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site; (iv) run any form of auto-responder or “spam” on the Site; engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site; (vi) hyperlinking to the Site from any other website without our initial and ongoing consent; harvest or scrape any content from the Site; or (vii) using the Site or any of its resources to solicit other users of the Site, Merchants or other business partners of Bargain Troll to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Bargain Troll, including without limitation, aggregating current or previously offered coupons or deals. Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation. Any unauthorized reproduction, access, publication, copying, retransmission, sale, exploitation, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
This Site may, from time to time, contain contests that offer prizes or require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter. Bargain Troll may also use User Content to promote or advertise the Sites or Services or the products and services of affiliates, advertisers and other third parties (collectively “Promotions”). By posting User Content, you agree that Bargain Troll shall have the perpetual, nonexclusive, royalty-free, transferable, sub-licensable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with such Promotions. You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, Bargain Troll, offers or other information, or otherwise used to promote the products and services of Bargain Troll or any other company or product that is addressed in your User Content. You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not Bargain Troll LLC, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
Intellectual Property Rights
Trademark You agree that all of Bargain Troll’s trademarks, trade names, service marks, product and service names, designs and slogans and other logos and brand features that are displayed via the Site are trademarks and the property of Bargain Troll or its affiliates or licensors. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. You agree not to display or use Bargain Troll in any manner without prior written permission of Bargain Troll. Third-party trademarks, logos, product and service names, design and slogans on the Site are the property of their respective third-party owners. Presence of a third-party trademark on the Site does not mean that we have any relationship with that third party or that such third party endorses the Site or Bargain Troll.
Bargain Troll is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. You may also submit a notification pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
◾A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
◾Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
◾Identification of the material 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 us to locate the material;
◾Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
◾A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
◾A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement can be sent to Bargain Troll, 5680 Hwy 6, ste. 182, Missouri City, TX, 77459; or send an email to email@example.com. For clarity, only DMCA notices should go to firstname.lastname@example.org; any other feedback, comments and other communications should be directed to our customer care. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material. It is also the policy of the Site to terminate the user accounts of repeat infringers.
Counter-Notice If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information in writing, preferably via email:
◾Your physical or electronic signature;
◾Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
◾A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled; and
◾Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal district court for the [insert the federal judicial district in which your address is located], and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. If a proper counter-notice is received, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 15 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 15 to 20 business days or more after receipt of the counter-notice, at our sole discretion.
Bargain Troll may, in appropriate circumstances and in its discretion, disable and/or terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above and provide information sufficient for us to verify that the user is a repeat infringer.
Third Party Websites and Links
Third Party Merchants
The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THIRD PARTY SITE MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE BARGAIN TROLL FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
You may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.
Use of Software
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
VISITORS TO BARGAIN TROLL AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE IS AT THEIR OWN SOLE RISK. THE SITE (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
BARGAIN TROLL SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE SITE. YOU (AND NOT WE OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THE SITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL BARGAIN TROLL OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
Governing Law; General Information
We control and operate the Site from our office in the State of Texas, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of Texas. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States.
By using this Site, you agree that Bargain Troll at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses, and participant further waives all rights to have damages multiplied or increased.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Thank you for visiting Bargain Troll.
Last updated: June 13, 2015