Terms of Use
Terms of Use
NegotiateBetterDeals provides users with acess to discover, read and purchase ebooks and information regarding negotiation through the website and other applications. Global Legal guides d/b/a NegotiateBetterDeals.com (“NegotiateBetterDeals”) owns this site. Before you enter the NegotiateBetterDeals site (the "Site") or use any of the NegotiateBetterDeals services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and NegotiateBetterDeals that you will use the Service only in a manner consistent with these Terms. This Terms of Use may be updated from time to time without notice to you. The NegotiateBetterDeals website and any parts thereof including forums, folders, vendor contact forms, user profile information, folders posts, messages, photos and graphics are Hereinafter referred to as our” Website”
You understand and agree that our Website is provided "AS-IS" and that NegotiateBetterDeals assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Website. Nor does NegotiateBetterDeals assume any liability for the failure to store or maintain any user communications or personal settings.
1. Use of Website; Agreement.
In consideration of your visiting and using our Website, you represent that you are able to form a binding contract and that you are not barred from receiving services provided in this website under the laws of the United States or the applicable jurisdiction.. You also agree to that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to NegotiateBetterDeals to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for NegotiateBetterDeals to suspend or terminate your account and refuse you service in the future.
NegotiateBetterDeals is concerned about the safety and privacy of all its users Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.
The information and materials on this website are intended for informational purposes only and are not intended to be treated as legal advice. Neither the website nor the use of information from the website creates an attorney-client relationship. Any links to other websites are included for informational purposes only and do not imply an affiliation with, endorsement or a sponsorship of other sites.
2. Privacy Policy.
Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at Privacy Policy.
3. Trademarks and Copyrights; No Duplication of Any or All of Website.
Certain names, logos, and/or phrases in our Website may constitute trademarks and/or copyrights of NegotiateBetterDeals or its clients. The mark "NegotiateBetterDeals" and the contents of this Website are the sole property of Global Legal Guides d/b/a NegotiateBetterDeals.com. Reproduction in whole or in part is strictly prohibited without the expressly written permission of NegotiateBetterDeals.
All of the writing in our Website is the copyrighted property of Global Legal guides d/b/a NegotiateBetterDeals and is protected as such. None of the material may be reproduced without our prior written permission. This copyright extends from original material, to the material contained in the books for sale, to the raw compilations of posts in our folders, to any edited and filtered compilations of posts that we may sell and distribute. The right to download and store or output the materials found on NegotiateBetterDeals is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of NegotiateBetterDeals is expressly prohibited.
NegotiateBetterDeals and NegotiateBetterDeals's staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated in our Website or for any results obtained from the use of such information or advice. NegotiateBetterDeals will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained in this Website.
4. Refund Policy.
Once an ebook has been downloaded from the site, there will be no refund. Should you have any problems downloading an ebook, please send an email to admin@negotiatebetterdeals.com.
5. No responsibility for third party links.
NegotiateBetterDeals may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that NegotiateBetterDeals is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that NegotiateBetterDeals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
6. General rules re Use of Site.
You agree to follow the following general rules in using the Website:
• No strong, vulgar, obscene, or otherwise harmful language.
• No racially, ethnically or otherwise, objectionable language.
• No harassing, intimidating, stalking, or threatening other community members.
• No libelous, defamatory, or otherwise tortuous language.
• No online vandalism. This includes using abusive language and repeatedly hitting the return key in the chat room, or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges.
• No impersonating any person, including, but not limited to, other community members or employees of NegotiateBetterDeals.
• No posting, distributing, transmitting, or promoting illegal content.
• No invasion of another's privacy.
• No actions that are harmful to minors.
• No manipulation or forging of identifiers in order to disguise the origin of any information posted on NegotiateBetterDeals site or otherwise provided to NegotiateBetterDeals or its employees.
• No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
• No use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site
• No posting, providing, transmitting, or otherwise making available any junk mail or spam.
• No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
• No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.
• No collecting, storing, or posting of personal data about or of other community members.
• No soliciting of any kind on the message boards or in the chat room.
7. Use of Member Information Prohibited.
Content from www.NegotiateBetterDeals.com, including but not limited to any member profile information such as member names, email addresses, member contact information, or member-personalized information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or to vendors may constitute misrepresentation, misappropriation of NegotiateBetterDeals's business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which NegotiateBetterDeals shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs. Notwithstanding the foregoing, NegotiateBetterDeals users may link to this website, but only upon obtaining written consent of NegotiateBetterDeals.
8. Changes and Modifications to Website.
NegotiateBetterDeals reserves the right from time to time to make modifications and changes to our Website. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through NegotiateBetterDeals (or any part thereof) with or without notice. You agree that NegotiateBetterDeals shall not be liable to you or to any other party for any changes and modifications to our Website.
9. Termination.
You agree that, under certain circumstances and without prior notice, NegotiateBetterDeals may terminate your access to NegotiateBetterDeals, including purging your user account and any material and information associated with your user account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the provisions set forth in section 5 of this Terms of Use agreement. You acknowledge and agree that all terminations for cause shall be made in sole discretion of NegotiateBetterDeals and that NegotiateBetterDeals shall not be liable to you or any other party for the termination of your access to our Website or the purging of any material.
10. Warranty Disclaimer.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEGOTIATEBETTERDEALS 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.
NEGOTIATEBETTERDEALS MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF WEBSITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEGOTIATEBETTERDEALS OR FROM ANY SERVICE PROVIDED IN OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
11. Limitation of Damages.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEGOTIATEBETTERDEALS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF NEGOTIATEBETTERDEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. General Provisions.
Operation of Law. You agree that NegotiateBetterDeals may access, maintain, and disclose information you provide to NegotiateBetterDeals if required to do so by law or if NegotiateBetterDeals, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce NegotiateBetterDeals's Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of NegotiateBetterDeals, its vendors, community members, users and the general public.
Indemnity. You agree to indemnify and hold harmless NegotiateBetterDeals, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our Website, or by your use of our Website, or by your violation of NegotiateBetterDeals's Terms of Use, or your violation of the rights of another.
Entire Agreement. The Terms of Use constitute the entire agreement between you and NegotiateBetterDeals and govern your use of our Website and any services offered in our Website. This agreement supersedes any prior terms of use agreements between you and NegotiateBetterDeals.
Choice of Law; Jurisdiction. The Terms of Use and the relationship between you and NegotiateBetterDeals shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and NegotiateBetterDeals agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Boulder, Colorado.
No 3rd Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.
Severability. The failure of NegotiateBetterDeals to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.
Non assignable. You agree that your NegotiateBetterDeals member account is non-transferable and any rights to your account or contents within your account terminate upon your death.
Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles and Other Headings. The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.