Please read these terms and conditions carefully before using this website, and check them periodically for changes.
EACH AND ANY USE OF THIS WEBSITE (this "Website") OR THE SERVICES AVAILABLE ON THIS WEBSITE (the "Service") IS SUBJECT TO, AND CONDITIONED UPON, ASSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (the "Agreement"). BY USING THIS WEBSITE OR THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT. THE AGREEMENT IS BETWEEN E-KIWI, LLC. ("e-kiwi") AND YOU, AN INDIVIDUAL OR AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY THAT WILL BE USING THE SERVICE.
Listing of Information
The Service is an automated way for you to conduct price comparison on the Internet. E-kiwi lists information about goods that can be purchased from others, and doesn't sell or deliver any goods. Such information is collected on your behalf from certain, but not all, publicly available online sources. Because of the nature of data extraction, E-kiwi cannot guarantee that the information provided will be accurate or represent the lowest price available or accurately reflect or include any discounts, coupons, other reductions available, currency exchange rates, shipment charges and shipment destinations, book availability, any book related information, book reviews and editions information. Any information generated by the Service is provided in response to the data included in your inquiries and accordingly depends on the accuracy of such data.
E-kiwi has no control over the ability of sellers to provide goods or the ability of buyers to pay for goods. E-kiwi cannot ensure that a buyer or seller will actually complete a transaction. Consequently, e-kiwi is not involved in, and does not, transfer legal ownership of goods from the seller to the buyer.
No Endorsement
Any reliance on information provided by any vendor or other user is at your own risk, and you are recommended to review the information provided by the vendor (such as the terms of service of the relevant website) before acquiring any goods.
Information and recommendations in this Website regarding third-party's goods and links to other websites is for informational purposes only, and constitutes neither an endorsement nor a recommendation of those third parties, goods, reviews or websites.
E-kiwi makes no representations or warranties whatsoever as to the accuracy or reliability of the information provided by any vendor or other user or as to any goods offered by others or the terms of such offerings. E-kiwi assumes no liability, obligation or responsibility, directly or indirectly, in connection with the availability, content, associated terms or correspondence through, any other websites, or for the actions or omissions by third parties. E-kiwi may, at any time, at its sole discretion, add or remove links to other websites. If you have a claim towards or any dispute with any third party that involves any action or omission based on the information or content provided through this Website or the Service, you may refer it to such third party and may not refer it to e-kiwi.
Permitted Use; Undertakings
You may download or copy the information generated by the Service only for your own personal non-commercial use, as long as you maintain all copyright and other notices contained in such content. Any other use, including without limitation copying, scrapping, modifying, translating, reverse engineering, decompiling, disassembling, reproducing, distributing, framing, hyperlinking, posting, uploading, displaying or otherwise exploiting, of the Service, any of the content on this Website or any part thereof, is strictly prohibited.
Without limiting the above, you may not (i) create derivative works based on the source code or underlying ideas or algorithms of the Service, this Website or any part thereof, (ii) export, sell, license, rent, lease, transfer or otherwise transfer rights to the Service or this Website (in each case for any or no consideration) or attempt to discover any source code or underlying ideas or algorithms of the Service, this Website or any part thereof, or (iii) use of any robot, spider or other automated device disallowed in www.ScrapbookFinds.com/robots.txt, or any tool-bar, web-bar, other web-client or manual process, to monitor or scrape information from this Website or its content.
You agree (a) to abide by all applicable local, state, national and international laws and regulations in connection with the use of this Website; (b) not to interfere with the use and enjoyment of this Website or the Service by others; (c) not to use this Website or the Service for any illegal purpose; (d) not to interfere with or disrupt the Service, this Website or servers or networks connected to this Website or the Service; (e) to comply with all requirements, procedures, policies and regulations of networks connected to this Website or the Service; (f) not to attempt to circumvent any protection mechanism in the software included on this Website or to derive the source code or underlying ideas from such software (unless to the extent it may not be prohibited by applicable law);and (h) not to resell the Service or use of or access to the Service.
Rights You Grant to e-kiwi
By entering the Website or using the Service you authorize e-kiwi to (i) act as your search agent to conduct automatic inquiries on the Internet on your behalf (ii) record information to enable e-kiwi to receive referral commissions or other payments from vendors; (iii) log your IP address (your unique Internet address) for statistical analysis for internal purposes; and (iv) use "cookies" that enable automatic recognition of returning users; and take all actions that e-kiwi deems advisable in connection with (i) - (iv) above.
E-kiwi specifically reserves the right to allow certain third parties to provide commercial, promotional, advertising or marketing information on this Website or through the Service.
Intellectual Property
All content included on or incorporated into this Website, such as text, graphics, logos, button icons, images, compilation of content and software, is and remains solely the property of e-kiwi or the respective vendor and protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. e-kiwi makes no claim of ownership as to the trademarks of any vendor whose goods are listed on this Website, or with respect to any publisher or publication mentioned on this Website, including any goodwill that arises from the use of those trademarks.
DISCLAIMER
THE INFORMATION PROVIDED ON THIS WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS. e-kiwi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, e-kiwi MAKES NO WARRANTY THAT THIS WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DOES e-kiwi WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS WEBSITE OR THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICE AND ANY MATERIAL OR DATA OBTAINED THROUGH THE USE OF THIS WEBSITE OR THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES, SUCH AS DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, IF ANY.
e-kiwi IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION OR ANY OTHER INTELLECTUAL PROPERTY BY VENDORS OR OTHER THIRD PARTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES e-kiwi SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (III) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF USING THIS WEBSITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF e-kiwi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL e-kiwi BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT, WEBSITE OR THE SERVICE (WHETHER IN TORT, CONTRACT OR OTHERWISE) FOR ANY AGGREGATE AMOUNT IN EXCESS OF UNITED STATES $5.
INDEMNIFICATION
YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, e-kiwi, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHODLERS, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY'S FEES, RELATED IN ANY WAY TO THIS WEBSITE, THE SERVICE, THE ACTIVITIES OR OMISSIONS OF ANY VENDOR, OR THE VIOLATION OR ALLEGED VIOLATION OF THIS AGREEMENT OR RIGHTS OF OTHERS.
Amendments
E-kiwi may change the terms of this Agreement or the Service from time to time. Your continued use of the Service after such changes become effective, constitutes an affirmative agreement by you to abide and be bound by this Agreement and its modifications. If you do not agree to the new or different terms, then you agree not to use the Service.
Termination
E-kiwi may discontinue temporarily or permanently or terminate the Service with or without notice, with or without cause at any time. You agree that e-kiwi and the vendors shall not be liable to you or any third party for any discontinuance or termination of the Service.
Usage by Children
This Website and the Service are directed to adults. E-kiwi relies on parents, guardians and those responsible for supervising children to decide which information is appropriate for such children to view.
Notices
All notices to e-kiwi must be made in writing via the comments form http://www.ScrapbookFinds.com/feedback.php. E-kiwi may change this form at any time by posting a notice on this Website.
Miscellaneous
This Agreement comprises the entire agreement between you and e-kiwi and supersedes all prior oral and written agreements pertaining to this Agreement's subject matter. This Agreement shall be governed by the laws of the State of Utah without giving effect to its conflict of law principles. The parties consent to the exclusive jurisdiction and venue of Provo, Utah competent courts for any dispute arising from or relating to this Agreement. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. A party's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. E-kiwi may assign this Agreement to any party at any time.
LAST UPDATED APRIL 18, 2005