Effective Date: 03/10/2008
GENERAL
This site is owned and/or operated by wiisdirtcheap.com and its affiliated companies (collectively, the "Company"), and provides its services to you, subject to the following conditions. If you visit or shop at wiisdirtcheap.com, you affirmatively accept the following conditions. Continued use of the site constitutes the affirmative agreement to these Terms of Service. The Company reserves the right to change the terms, conditions, and notices under which its websites and services are offered, including but not limited to the charges associated with the use of the Company's websites and services. You are responsible for regularly reviewing these Terms of Service and any additional terms and conditions. Your continued use of the Company's websites and services constitutes your agreement to all such terms, conditions, and notices (see TERMS OF SERVICE and the PRIVACY POLICY). Please read them carefully.
PRIVACY
When you visit the Company's websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by domestic and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and is protected by domestic and international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by domestic and international copyright laws. The Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You may not use any Company logos or other proprietary graphic or trademark as part of the link without express written permission. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Company's services only with involvement of a parent or guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Through this website, the Company provides you with access to a variety of resources, including the purchase and sale of items. Such services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Service. The Company may also provide links and pointers to Internet sites maintained by third-parties. Neither the Company, its parent or subsidiary companies, nor their affiliates operate or control in any respect any information, products or services on these third-party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. The material in this site and the third-party sites are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to the applicable law, the Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose. The Company makes no representation or claims to any title for any items purchased or sold through this site. The Company further makes no representations regarding the transferability, use, and ownership of any such items. The Company is not affiliated in any way with any product companies referenced in this site. The Company and its affiliates attempt to be as accurate as possible in describing a product or service. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it within 14 days of purchase.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify the Company and its affiliates for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our legal department about making claims of copyright infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THIS SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E- MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold the Company and any of its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or any terms and conditions it incorporates by reference, or your violation of any law or the rights of a third party.
DISPUTES
Any dispute relating in any way to these Terms of Service, your visit to the Company's websites or to products and/or services you purchase through the Company shall be exclusively submitted to arbitration, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any court in the World, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our PRIVACY POLICY, posted on this site. These policies also govern your visit to the Company's websites. We reserve the right to make changes to our site, policies, and these TERMS OF SERVICE at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
WAIVER
The failure of the Company to enforce any provision of these Terms of Service shall not be construed as a waiver or limitation of the Company’s right subsequently to enforce and compel strict compliance with every provision of these Terms of Service.
REMEDIES
You acknowledge that violation of these Terms of Service could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore, agree that the Company shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of these Terms of Service without the filing or posting of any bond or surety. Furthermore, in the event a lawsuit or action is brought by any party under these Terms of Service to enforce any of its terms, it is agreed that if the Company shall be deemed to be the prevailing party as determined by final judgment, not subject to appeal, of a court of competent jurisdiction, the Company shall be entitled to recovery of reasonable attorney's fees, expert fees, litigation expenses and court costs in addition to any other relief granted by the court.
SEVERABILITY
If any term or provision in these Terms of Service is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of these Terms of Service, the remainder of these Terms of Service shall survive with the said offending provision eliminated.
OFFER
This promotion is conducted exclusively by wiisdirtcheap.com. Available offers will vary and some offers may require a purchase to qualify. Receipt of your item requires compliance with offer terms including, age and residency requirements, registration with valid email address, shipping address and contact phone number, and completion of user surveys and sponsor promotions. To receive the item for this promotion you must: 1) register with valid information; 2) complete the required point value in surveys and offers, 3) pay the non-refundable membership fee. Upon valid completion of all program requirements we will ship your item to the shipping address you provided. Unless otherwise indicated, participation eligibility is restricted to US residents, 18 and over. Void where prohibited. You agree that this offer is only available while supplies last. Our current inventory will always be clearly displayed on the site for you to keep track. Running out of inventory on an item temporarily or permanently does not constitute a refund or redemtion of accumulated points as cash. wiisdirtcheap.com reserves the right to discontinue this offer at any time and for any reason without liability of any kind.
Each product we offer carries a point requirement for you to satisfy to be awarded the product. You must do this by completing surveys and/or offers to accrue the points necessary to satisfy your specific product point requirement which includes covering product aquisition, shipping, and reasonable admin costs. These costs fluctuate with the market, thus the point requirement changes. The point requirement for your product is clearly displayed in your account panel at all times. Click on "Spend Points" to view it. Points rewarded in this site are an abstraction of monetary value and also apply to our other sites/offers.
If you have not satisfied your point requirement for your product by the end of the first billing cycle, your monthly membership must continue to roll over your points without losing them. It is not the responsibility of wiisdirtcheap.com to provide enough surveys to allow reaching a product point requirement within the first billing cycle, or any number of cycles. This variable cannot be completely controlled by wiisdirtcheap.com as the amount of surveys offered at any given time varies with the market. Moreover, not all surveys and offers will reward you with points. You are not guaranteed points by taking a survey or completing an offer. Thus, your committment to completing enough surveys and the overall survey availability will ultimately determine when you are able to complete the program.
There is an initial and recurring membership fee. Your initial membership fee will be 24.99. The monthly recurring membership fee after the intitial fee is 9.99. The recurring membership fee is billed every thirty (30) days. For your convenience, your monthly membership fee will be set to auto-rebill. You may cancel your membership at any time if you choose. Membership fees are non-refundable for any reason. If you cancel, you will lose any accrued points toward your product when the membership auto-rebill is terminated. Points will not be awarded to you as cash if you cancel. If you wish to renew your membership after cancelling, you must once again pay the initial membership fee of 24.99. When you use points to be awarded a product, if you do not wish to continue the program, you must turn off your auto-rebill manually. The auto-rebill does not, at any time, automatically cease. Fees may change at any time. A notice will be given one (1) week prior on your "My Account" page if they do.
We will process your order to ship you your product immediately upon successful completion of the program requirements using USPS Priority Mail to the address you specified when setting up your account. You are responsible for keeping all your contact information current. Please contact support to do so.
Note: Promotion Terms of Service prevail over sponsor offer terms and conditions.
