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ONLY A VENUE
Bargain Basics, LLC is only a venue and not an online seller. The Website acts as an online marketplace for you to find and transact with third-party advertisers, partners and sellers displaying products and/or services on the Service or otherwise associated with the Service. Bargain Basics, LLC is not a party to any transaction you may make with a third-party advertiser, partner or seller. Bargain Basics, LLC is not a party to any agreement you may make with a third-party advertiser, partner or seller. Any information you provide to a third-party advertiser, partner or seller remains with that third-party advertiser, partner or seller. Bargain Basics, LLC strongly encourages the review of third-party privacy policies before disclosing any personal information.
Bargain Basics, LLC is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you through the Service. Bargain Basics, LLC does not endorse, warrant or guarantee the products, services, information or other materials of any third-party advertiser, partner or seller. Information about prices, products, services, advertisers, partners and sellers is provided by third-parties and is for informational purposes only. Bargain Basics, LLC does not represent or warrant the information. Bargain Basics, LLC is not liable for any errors, omissions or delays in the information. Bargain Basics, LLC is not liable for any losses, injuries or damages arising from the information's display or use. You assume the entire risk as to the accuracy, reliability, adequacy, completeness, currency, validity and quality of the information. Information available through the Service can change without notice.
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PRIVACY POLICY
Please review the Bargain Basics, LLC Privacy Policy. By accepting the Agreement, and each time you use the Service, you consent to the collection, use and disclosure of your information in accordance with the Bargain Basics, LLC Privacy Policy without any further notice or any liability to you or any other person.
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SECURITY
Bargain Basics, LLC does not collect any information regarding payments, billing, processing or shipping. Bargain Basics, LLC does not handle the security, payments, billing, processing or shipping of products or services for any third-party merchant or manufacturer. Concerns regarding the security for payments, billing, processing and shipping information are the sole responsibility of third-party merchants and manufacturers. Third-party merchants, manufacturers, advertisers, partners and sellers are solely responsible for how they use personally identifiable information and any other information they independently acquire from you or about you.
Bargain Basics, LLC expressly disclaims any responsibility or liability for any damage, loss or injury arising out of:
- The activities of any third-party merchant, manufacturer, advertiser, partner or seller
- The goods or services offered or the content displayed by any third-party merchant, manufacturer, advertiser, partner or seller
- Your purchase of or inability to purchase any third-party goods or services
Bargain Basics, LLC strongly recommends the review of third-party policies prior to submitting personally identifiable information or purchasing products and services.
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ACCEPTABLE USE
Bargain Basics, LLC grants you permission to download and print information from the Service for personal, non-commercial use only. Other uses, copying, modifying, distributing, publishing or transmitting of any content or materials is prohibited without written permission from Bargain Basics, LLC. Your use of the Service must be lawful and consistent with the security and reliability of the World Wide Web. You certify to Bargain Basics, LLC that (a) you are at least 18 years of age, (b) you assume full responsibility for the use of the Service by any minors, (c) your use of the Service is subject to all applicable local, state, national and international laws and regulations, (d) your conduct is subject to Internet regulations, policies and procedures, (e) you must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service, (f) you are responsible for ensuring that such equipment and ancillary services are compatible with the Service, (g) you must complete all transactions you agree to complete in connection with the Service, and (h) you must abide by the terms outlined in the Bargain Basics, LLC Privacy Policy as set forth on the Website and as updated by Bargain Basics, LLC at its sole discretion.
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PROHIBITED CONDUCT
You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Service, any account, or any communication or transaction being conducted on the Service; (c) use any robot, spider, other automatic device, or manual process to monitor or copy web pages or content without prior expressed written permission from Bargain Basics, LLC; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except Bargain Basics, LLC) any information you obtain about or from other users of the Service, or you obtain from Bargain Basics, LLC if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known user.
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TERMINATION
If you breach any provision of this Agreement, you may no longer use the Service. Bargain Basics, LLC may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If Bargain Basics, LLC terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, Bargain Basics, LLC may remove from the Service and permanently delete and destroy any member content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. BARGAIN BASICS, LLC PROVIDES THE SERVICE ON AN "AS IS" BASIS. BARGAIN BASICS, LLC AND ITS SERVICE PROVIDERS EXPRESSLY 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, TITLE, AND NON-INFRINGEMENT.
BARGAIN BASICS, LLC AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO BARGAIN BASICS, LLC OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
BARGAIN BASICS, LLC AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY THIRD-PARTY ADVERTISERS, PARTNERS, SELLERS OR OTHER USERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARGAIN BASICS, LLC OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While Bargain Basics, LLC takes reasonable steps to safeguard and to prevent unauthorized access to your information and registration data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information.
IN NO EVENT SHALL BARGAIN BASICS, LLC 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 UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BARGAIN BASICS, LLC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
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LIMITATION OF LIABILITY
IN NO EVENT WILL BARGAIN BASICS, LLC OR ANY OF ITS OFFICERS, AFFILIATES, DIRECTORS, ADVISORS, MEMBERS, REPRESENTATIVES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES: (1) FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION; OR (2) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE USE OR PERFORMANCE OF THE SERVICE OR ANY LINKED SERVICE, (B) ANY INFORMATION OBTAINED THROUGH THE SERVICE, (C) FOR THE INABILITY TO USE THE SERVICE, OR (D) OTHERWISE ARISING OUT OF THE USE OF THE SERVICE. THIS LIMITATION APPLIES WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF BARGAIN BASICS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
BARGAIN BASICS, LLC AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BARGAIN BASICS, LLC OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL BARGAIN BASICS, LLC AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY BARGAIN BASICS, LLC OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER BARGAIN BASICS, LLC OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BARGAIN BASICS, LLC FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
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INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BARGAIN BASICS, LLC, ITS OFFICERS, AFFILIATES, DIRECTORS, ADVISORS, MEMBERS, REPRESENTATIVES, AGENTS, AND SERVICE PROVIDERS FROM ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM YOUR MISUSE OF THE SERVICE, OR THE VIOLATION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OR POLICY OF ANY PERSON OR BARGAIN BASICS, LLC. EVEN THOUGH PROHIBITED, PEOPLE MAY PROVIDE INFORMATION THAT IS OFFENSIVE, FALSE, HARMFUL, OR DECEPTIVE. BARGAIN BASICS, LLC AND ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY WHATSOEVER FOR SUCH CONTENT OR ACTIONS.
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RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE BARGAIN BASICS, LLC AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
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INTELLECTUAL PROPERTY RIGHTS
All content within the Website, including but not limited to, logos, text, graphics, icons, images, downloads, audio, video, sound, software and data is the property of Bargain Basics, LLC or its suppliers and is protected by United States and international copyright laws. The compilation of all content within the Website is the exclusive property of Bargain Basics, LLC and is protected by United States and international copyright laws.
Bargain Basics, LLC is the legal owner of the registered trade name "Bargain Basics, LLC", the registered service mark BARGAINbasics®, the registered tagline "DISCOVER THE ONLINE BARGAINS®" as well as any other trade names, trademarks, service marks and trade dress displayed and posted on the Website. The compilation of content on the Website is distinctive and protected trade dress of Bargain Basics, LLC or its affiliates. Any unauthorized use of Bargain Basics, LLC trade names, trademarks, service marks, copyrighted material, trade dress or any other intellectual property is strictly prohibited. Violators will be prosecuted to the fullest extent that the law provides.
The Website may contain various third-party trade names, trademarks and service marks. All third-party trade names, trademarks and service marks are the property of their respective owners. Third-party trade names, trademarks and service marks are utilized, with permission from their respective owners, on the Website.
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THIRD-PARTY WEBSITES
Bargain Basics, LLC is not responsible for the contents of any third-party website. This includes all third-party websites linked to, referenced by, or accessible from the Service as well as any third-party website that links to the Service. Any links, references or resources are provided for your convenience, and are not intended as an endorsement by Bargain Basics, LLC or a warranty of any type regarding any third-party websites or the advertising, products, services, information or materials on any third-party websites. Your linking to or otherwise visiting any third-party website is at your own risk. Bargain Basics, LLC accepts no liability for the contents, accuracy or currency of any third-party website. Bargain Basics, LLC assumes no responsibility and is not liable for any transmission, material or any viral infection of your computer equipment or software including any other types of damage related to your access, use of, or browsing any third-party website. No claim against Bargain Basics, LLC can be made arising out of your use of third-party websites, links, references and resources.
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INTERPRETATION & DISPUTES (Arbitration Clause)
This Agreement is governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of laws provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Venue for any dispute arising under this Agreement shall be proper exclusively in Milwaukee County, Wisconsin. In the event of any dispute the prevailing party will be entitled to recovery of its reasonable attorneys' fees and costs.
Any controversy or dispute arising out of or relating to this Agreement must be resolved by binding arbitration before a sole arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action. If the parties are unable to agree on an arbitrator within 30 calendar days of a written request for arbitration, an arbitrator will be selected pursuant to the rules and procedures of the American Arbitration Association (AAA). Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules.
Either party may seek from any court interim or provisional relief that is necessary to protect the rights or property of that party, pending the appointment of the arbitrator or pending the arbitrator's determination of the merits of the controversy. Each party is responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND BARGAIN BASICS, LLC WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST BARGAIN BASICS, LLC INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT, WIS. STATS. 426.110.
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MODIFICATIONS & AMENDMENTS
The Agreement comprises the entire agreement between you and Bargain Basics, LLC and supersedes all prior agreements regarding the subject matter contained herein. Bargain Basics, LLC may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms.
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CONTACT BARGAIN BASICS, LLC
Please contact Bargain Basics, LLC if you have any questions regarding this Agreement, the practices of Bargain Basics, LLC, or your use of the Service.
Policy Inquiries: policies@bargainbasics.com
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