PLEASE READ THE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”), THE TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN MARSHALLHOTBUYS.COM AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AND ANY
ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU BREACH ANY OF THESE TERMS OF USE YOUR RIGHT TO USE THIS SITE WILL TERMINATE AUTOMATICALLY.
MarshallHotBuys.com reserves the right, in its sole discretion, to change its Terms of Use at any time, for any reason, without notice. Please check these Terms of Use periodically for changes. MarshallHotBuys.com will attempt to notify all of its members if and when the Terms of Use are modified. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth above.
The owners of trademarked names and merchandise used on this site are not affiliated with MarshallHotBuys.com in any way. All trademarks are the property of their respective Registered Merchants with all rights reserved.
You represent that you have read and agree to be bound by the Terms. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Site in accordance with the Terms, not to use the Site for illegal purposes, and not to interfere or disrupt the networks connected to the Site.
SITE
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. MarshallHotBuys.com shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
You agree not to access or use the Site to:
• Transmit or communicate any data that is unlawful, harmful, threatening, abusive, misleading, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
• Upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of the Site, any computer software or hardware or telecommunications equipment;
• In any manner that in MarshallHotBuys.com’s judgment, adversely affects the performance or function of the Site or interferes with the ability of authorized parties to access the Site;
• In a manner not expressly permitted under the Terms of Use.
Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Registration
In order to become a Registered Merchant, you must create a unique account on the MarshallHotBuys.com Site. All Registered Users are required to provide accurate information, including a valid email address and valid billing address. Failure to provide accurate information is a violation of this Agreement and will void any responsibility on behalf of MarshallHotBuys.com to provide any services or Offers hereunder. Notwithstanding the foregoing, MarshallHotBuys.com may refuse to accept any application to become a Registered User for any reason or no reason.
MarshallHotBuys.com will make services available to its Registered Members to allow the promotions of their business by either coupon, promotions or other announcements relating to their business.
Under no circumstances will reference to a specific competitors offer or promotion be made by another member. All members are responsible for their own information, promotions and offers and at no time will the members hold MarshallHotBuys.com liable for any damages arising from any content entered by any members of MarshallHotBuys.com.
You agree that You are personally responsible for maintaining the security of Your unique account. You agree not to share Your account information with any third party and shall be responsible for keeping such information confidential. MarshallHotBuys.com is not liable for any losses incurred through the access of Your account by a third party. You further agree not to engage in any unauthorized use or hacking into the Site. Any unauthorized use or entry (“hacking”) into a MarshallHotBuys.com website is illegal and is punishable by law. You agree not to adapt, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Site, or any part thereof. Any violation of these Terms of Use or law will provide sufficient impetus for us to prosecute the offender to the fullest extent permitted by law.
You agree that you will not, under any circumstances, reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes, any portion of the Site, the use of the Site, or access to the Site including any coupons that are created by using this site. You further agree that you will not impersonate any person or entity for any purpose, including the creation of an account with the Site or with any referral site.
MarshallHotBuys.com may terminate these Terms of Use or cease offering the services, access to the site at any time in MarshallHotBuys.com’s sole discretion and for any reason or no reason at all. In addition, MarshallHotBuys.com reserves the right, in its sole discretion and for any reason or no reason at all, to terminate any Registered Merchant account without prior notice for:
1. any violation of any term or condition of this Agreement;
2. any violation or potential violation of a law, rule, regulation or ordinance governing this offer or this Web site;
3. any violation of your duties or non adherence to these Terms of Use;
4. aiding in or promoting circumvention of the MarshallHotBuys.com Terms of Use; or
5. Otherwise acting unlawfully in relationship to MarshallHotBuys.com. Any user who has his or her account terminated may not create another account on any of the MarshallHotBuys.com Sites. All parties residing at the same physical address as a Registered User that has its account terminated will also be placed on hold indefinitely, and will only be permitted to register a new unique account upon the express written consent of MarshallHotBuys.com.
Correction of Errors and Inaccuracies
The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. MarshallHotBuys.com reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MarshallHotBuys.com does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
All payments must be made in advance in accordance with the agreed upon signed contract between MarshallHotBuys.com and you. Invoices will be sent to the email account on file with the Registered Merchant account 30 days prior to the due date and must be paid on or before the date noted on the invoice. Failure to make the payment on time will result in inactivation of the account. Once the payment is received the account will be activated. MarshallHotBuys.com will charge a $30 reactivation fee if an account is deactivated & activated more than once in a 12 month period.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SITE AND THE CONTENT ARE PROVIDED “WITH ALL FAULTS,” ON AN “AS IS “ AND “AS AVAILABLE” BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. MARSHALLHOTBUYS.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. MARSHALLHOTBUYS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY MARSHALLHOTBUYS.COM, AND THE CONTENT.
MARSHALLHOTBUYS.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (ii) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (iii) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; AND (iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU UNDERSTAND AND AGREE THAT OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING OR (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). 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 THE VALUE OF THE REWARD OFFERED TO YOU BY MARSHALLHOTBUYS.COM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold harmless MarshallHotBuys.com, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site, your violation of the Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. MarshallHotBuys.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you shall cooperate with MarshallHotBuys.com in asserting any available defense.
