Please read these terms and conditions carefully. By viewing or using our website or by ordering any catalogs, newsletters or savings certificates through our website, you agree to the Terms and Conditions below:
TERMS AND CONDITIONS
This agreement describes your responsibilities with respect to your use of Frugali.com.
Information at Frugali.com. For your benefit, Frugali.com contains information, offers, text, and other materials (collectively, the Information) that are provided for your convenience and enjoyment. In addition, third parties provide much of the Information to Frugali.com. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. Frugali.com does not guarantee the completeness, accuracy, adequacy, currency or reliability of the Information.
* Representations. By using this Website, you represent that:
- You are at least eighteen years old or you are using this website under the supervision of an adult guardian; and
- You will not upload, post, transmit, distribute or otherwise publish through Frugali.com any materials which (i) restricts or inhibits any other user from using and enjoying Frugali.com; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law; (iv) violates, plagiarizes or infringes the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (v) contains a virus or other harmful or potentially harmful component; (vi) contains any information advertising of any kind; and/or (vii) constitutes or contains false or misleading indications of origin or statements of fact.
* No Endorsement. Frugali.com neither represents nor endorses the accuracy or reliability of any message, advice, opinion, statement, memorandum, or other information displayed or distributed through Frugali.com. It is up to you whether you wish to rely upon any such message, advice, opinion, statement, memorandum, or information.
* Hyperlinks. Frugali.com contains links and pointers to other Internet websites sites and resources. If you click on these links, you will be transported to other websites that are neither owned nor controlled by Frugali.com (collectively, Third Party Sites). Frugali.com has no control over the statements, products or services featured or sold at the Third Party Sites. Links to Third Party Sites do not constitute an endorsement by Frugali.com of the Third Party Sites, nor any of the statements, products or services offered or sold at the Third Party Sites.
* Newsletters. Frugali.com's newsletter will be sent to the email address that you voluntarily provide to us. If you ever wish to discontinue your free newsletter subscription from Frugali.com, you may do so via the Frugali.com newsletter.
[And heres more legal stuff. Our attorneys made us include it..]
* WARRANTY; LIMITATIONS.
THE Frugali.com WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM Frugali.com, IS PROVIDED AS IS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Frugali.com MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:
- THE CONTENT ON Frugali.com;
- THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH Frugali.com;
- ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,
- ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH Frugali.com OR ANY LINKED SITE.
FURTHER, Frugali.com DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Frugali.com DOES NOT WARRANT THAT Frugali.com OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT Frugali.com OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Frugali.com SHALL NOT BE LIABLE FOR THE USE OF Frugali.com INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.
Frugali.com DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF ITS WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF Frugali.com, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE Frugali.com.
* Limitations. Under no circumstances shall Frugali.com be liable for any special, incidental, indirect or consequential damages that are directly or indirectly related to the use of, or the inability to use, Frugali.com even if Frugali.com has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Frugali.coms total liability to you for all damages, losses, or causes of action exceed the amount of a complete refund for items purchased by you through Frugali.com in the one (1) month period preceding the alleged loss or claim, or $100.00, whichever is less.
* Indemnification. You agree to indemnify Frugali.com, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and Frugali.com agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against Frugali.com and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of Frugali.com.
* Florida Law and Jurisdiction. Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the Florida state courts in Broward County, Florida, for all state court matters, and the Southern District of Florida for all federal court matters.
Notices; Electronic Notification.
* When you sign up for any service or purchase any product offered by Frugali.com, you consent to receive any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, Notices) electronically. You consent to receive Notices electronically in either or both of the following ways:
- We may post the Notice on our website (www.Frugali.com); or,
- We may transmit the Notice to you by email.
- If you do not wish to receive Notices from Frugali.com electronically, you should not order any catalog, newsletter or savings certificate through Frugali.com.
- All Notices provided to you electronically will be deemed to be "in writing."
* Miscellaneous. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.