NexTag.com - Comparison Shopping and Travel

NexTag, Inc. - Website Privacy Statement/Your California Privacy Rights
Effective February 26, 2009

http://www.nextag.com/serv/main/buyer/help/prPrivacyPolicy.jsp
1. Scope and Changes
NexTag, Inc. ("NexTag" or "we") operates the websites, www.nextag.com, www.calibex.com, and permutations of those sites, including certain co-branded versions of those sites with third parties, that refer to this Website Privacy Statement in a direct hyperlink (the "Websites"). NexTag respects your privacy and we want you to be confident in sharing your information with us. This Website Privacy Statement is designed to inform you of the types of information we collect from users, how we use that information, and the circumstances under which we will share it with third parties. This Privacy Statement applies only to the Websites. It does not apply to your use of any other websites (whether or not operated by us), including any websites to which we provide links or websites of our partners or advertisers, or to any activities which are not online.
Please note that some features and/or services referenced may not be available on some Websites. Therefore, portions of this Privacy Statement that pertain to such features or services may not be applicable on each of the Websites.
NexTag, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. Because NexTag wants to demonstrate its commitment to our users' privacy, it has agreed to disclose its information practices and have its privacy practices governing the Websites reviewed for compliance by TRUSTe.
This Website Privacy Statement is effective as of the date listed above. Even if you read and/or agreed to a prior policy statement, you need to review this updated version. We reserve the right to revise this Website Privacy Statement at any time and at our discretion. If we decide to change our Website Privacy Statement, we will post those changes to this Website Privacy Statement accessible on the homepages of the Websites, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via either email or by posting a notice on the Websites for 30 days.
2. Personal Information and How We Use It
Generally it is possible to use some features the Websites without providing us with any personally identifiable information, but on some of our Websites, users have the option of providing various personal information to make the best use of available services and features and certain services and features require that you provide personal information. This section describes what we collect and how we use it. Providing the information is always voluntary, however, and you can always choose not to provide the information by choosing not to use the service or feature. By providing the information you agree to our use consistent with this statement.

INFORMATION SUBMITTED BY YOU
Zip Code and E-mail Address: On some of the Websites, you have the choice of providing your ZIP Code or e-mail address. We use your ZIP Code to compute TruePrice including the cost of shipping and sales tax. In connection with some of the matching services we provide (e.g., mortgage and real estate services), we may also use your ZIP Code to match you with third parties offering services in your area.

On some of the Websites if you wish to register for either Price Alerts (through our Watch List feature) or our Buyer's Alert Newsletter, provide product reviews, or be matched with participating service providers, we require that you provide us with your email address. We will use this to email you with the Price Alert, the Buyer's Alert Newsletter, and other information or service provider match results you may have requested.

Basic Contact Information: On some of the Websites you may be able to become a registered user. When you decide to become a registered user, we ask for some basic contact information, such as username, ZIP Code, and email address. We use this basic contact information to facilitate the use of certain features of our Websites (e.g., TruePrice prices, submission of product/merchant reviews and creation of lists) and to send you information about our company, services and products, and to communicate occasional offers from our partners and advertisers.

Complete Contact Information: If you wish to be contacted by a merchant or service provider, such as an auto dealer in your local area, a mortgage broker or an educational institution, we collect full name, e-mail address, phone number, as well as other information that may be appropriate for the service, and we provide that information to the relevant merchant(s) or service provider(s).
On some of the Websites a registered user may decide to become a merchant. When registering as a merchant, we collect complete contact information, i.e., full name, address, e-mail address, and phone number, as well as credit card number and expiration date. We use this information to validate the merchant's identity and to bill the merchant for services provided by NexTag and approved in advance by the merchant. All credit card information is encrypted.

Service User Information: On the Websites where it is available, if you choose to receive information about services described on the Website, such as mortgages, educational programs/institutions, personal finance products, insurance or other products or services, NexTag may request that you complete a questionnaire, which may include personal financial and contact information and may include Social Security Number and other information that is relevant to the service ("Service User Information"). You may elect not to provide Service User Information, in which case you will not be able to receive the service. Service User Information enables NexTag to provide you with information specifically about requested services, or allows NexTag to provide your Service User Information to merchant(s) or service provider(s) who will contact you and provide you with information about requested services. In some circumstances NexTag may use Service User Information to obtain additional information about you, such as your credit score and your credit report, to improve the matching service with lenders and brokers. NexTag also may provide merchant(s) or service provider(s) with non-personally identifiable information that we collect about your visit to the Websites, such as your IP address.

Content or Correspondence Submitted By You: If you choose to post content on any of the Websites where posting is available (for example, a product or merchant review), or submit personal correspondence to NexTag, we may collect and maintain that information in a file specific to you.

Lists: Some of the Websites allow you to create lists of products that are interesting to you. The default for certain lists is for the list to be publicly available. You may change the privacy setting of your lists as provided on the Websites.

INFORMATION ACQUIRED AUTOMATICALLY
We collect certain information on the Websites through your experience and activities, cookies, log files, clear gifs, and/or use of third party websites to create a profile of our users. A profile is stored information that we keep on individual users that detail their viewing preferences, activities and interactions with NexTag. Consequently, collected information is tied to the user's personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to the Websites, and, subject to the Opt-Out Policy stated below, to direct pertinent marketing promotions and communications to them.
- Cookies: A cookie is a piece of data tied to information about the user and stored on the user's computer. We use both session cookies, which terminate when a user closes his browser, and persistent cookies, which remain on the user's computer until manually deleted. Cookies are used to help make your use of our Websites more enjoyable. NexTag creates these cookie files on your hard drive through your browser and uses them to save information on your NexTag username, ZIP Code and Website preferences so you can avoid re-entry of this information each time you visit our Websites, and to display certain usage information that may be helpful for you, such as your recent searches and recently viewed items. Cookies also help us to deliver content and advertisements specific to your interests. For example, we may use cookies to collect anonymous information about your use of our sites and services (including your browsing history, the terms you searched, the products you viewed, etc.) and your interaction with our advertisements that are served on the Websites or other sites. We also may allow our advertising partners to use cookies to collect this kind of anonymous information. This information is not associated with your personally identifiable information. We or our advertising partners may use this anonymous use and browsing information to customize your experience on the Websites, to improve the Websites and our services such as by analyzing what content or services are helpful or interesting to users, or to provide you with advertisements that are tailored to your interests, both on our sites and on third-party sites. We also may provide your anonymous use and browsing information to third parties to allow them to provide you with advertisements that are tailored to your interests. You may decline our cookies if your web browser software permits, although this may prevent you from accessing certain features on our Websites.
- Log Files: Like most standard website servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Web site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. We use your IP address at times to help identify you as you browse and to gather broad technical and demographic information on who uses our Websites. We do not tie log files to personally identifiable information.
- Clear Gifs (Web Beacons/Web Bugs): We and/or our third party advertisers employ a software technology called clear gifs (also known as Web Beacons or Web Bugs). They help us better manage content on our site by informing us what content and which campaigns are effective. Clear gifs are similar in function to cookies and are used to track the online movements of Web users. In addition, NexTag and its advertisers may use clear gifs in HTML-based emails. This allows us to evaluate the effectiveness of our communications and our marketing campaigns by showing how many emails recipients have opened. We also utilize clear gifs to enable NexTag or third parties to provide you with advertisements, both on our sites and on third-party sites, that are tailored to your interests. We do not tie web-beacons to personally identifiable information.

PEOPLE UNDER 18 YEARS OLD
Our Websites are not intended for use by people under eighteen (18) years of age. If you are under 18, please do not send any information to us. By accessing Websites or using our services, you represent that you are 18 years of age or older.

GENERAL USES OF INFORMATION
In addition to the uses described above, we may use your personal information for any of the following:
• To contact you regarding the status of your inquiries relating to services or products listed on our Websites.
• To contact you regarding account status, changes to this Policy, our Terms of Use or other terms applicable to your use of the Websites.
• To contact you to confirm your service inquiry, to confirm, complete or update your Service User Information or registration information, or for any other business reason related to your use of our Websites.
• To contact you in response to a customer service question from you, or in relation to any issue arising in respect of the agreement between NexTag and you, or to resolve or attempt to resolve a dispute between users or between NexTag and you.
• To process credit card payments approved in advance by you.
• To allow you to send an email to another user who is listing an item for sale on our site, where available.
• To assist law enforcement or other governmental agencies investigating cases of possible illegal activities by third parties.
• To improve the experience of using the Websites, improve NexTag's products and services, improve marketing and promotion of our products and services, customize the Websites' content and layout, and generally improve the Websites to meet your needs better.
3. Who We Share Your Personal Information With

- Aggregated information: We aggregate personal information into statistics about users, their usage of the Websites, traffic patterns, and demographics. We may provide third parties with such statistics, but never in a way that would make the information personally identifiable: this data is aggregated from millions of users to the Websites each month.
- Merchants and Service Providers: If you choose to submit to us your Complete Contact Info as part of a request to be contacted by merchant(s) or service provider(s), we will supply to the merchant(s) or service provider(s) your Complete Contact Info and those merchant(s) or service provider(s) will contact you using the information regarding the specific query that you have raised. Merchant(s) or service provider(s) that receive your Complete Contact Info may contact you regarding other products and/or services. If you choose to submit to us a questionnaire which includes Service User Information, we may provide the information submitted in that questionnaire along with additional information we obtain about you based on your Service User Information, such as your credit information, to any of our participating merchants or service provider(s) who may provide the products or services to which your request relates. Your submission of the questionnaire will be your consent to our disclosure to any such merchant(s) or service provider(s). NexTag does not have control over the use of the Service User Information once provided to merchant(s) or service provider(s): your rights in respect of their treatment of your information will be governed by their own policies.
- Processing Agents: We may from time to time use external service providers to facilitate or outsource elements of our service or operation of the Websites, including processing credit card transactions, obtaining your credit score and credit report in conjunction with a loan information request, sending emails, and providing marketing assistance. These external service providers may have access to personal information needed to perform their functions, but may not use it for other purposes.
- Business Transfer: We may share your information with companies that are affiliated with us, that is, are our direct or indirect subsidiaries or parent or sister companies. As we continue to develop our business we might buy or sell companies, subsidiaries, or business units. In such transactions, customer information is generally one of the transferred assets but remains subject to the promises made in any pre-existing privacy statement. In the event that our company, or substantially all of its assets, is acquired, your information may be one of the transferred assets and we may share it with an actual or potential acquirer.
- Legal Requests and Customers' Requests: We may release information from or about you to cooperate with law enforcement officials and third parties to enforce all applicable laws including but not limited to laws relating to intellectual property rights, fraud, and other rights. We also may release information from or about you without a subpoena, court order or other substantially similar legal procedure to law enforcement entities or third parties when we believe release is necessary: to comply with the law; to protect our rights, property, or the integrity of the Websites, or the rights or property of our merchants/service providers, customers, users or third parties; or to prevent or investigate illegal activities, suspected fraud, situations involving potential threat to the physical safety of any person, or violation of NexTag's Term of Use or other agreement between you and NexTag. Further we can (and you authorize us to) disclose information from or about you to consumers who have alleged fraud or any other consumer dispute relating to their transactions and/or communications with you.
- Other Trusted Parties: We may provide your contact information and other personal data to trusted third parties to provide information on products and services that may be of interest to you.
4. Accessing and Changing your Personal Information
For registered users on some of the Websites, you can review personally identifiable information by logging in your username, email address and password and then clicking on the "My Account" link located at the top right of each page. After accessing the My Account page, click the appropriate link under the Account Management section to make changes as necessary. Notwithstanding any request from you, we may retain a record of your information that is necessary to comply with applicable federal, state or local law, rule or regulation.
For access and changes of any other data, please contact us at the address below. Upon receipt of your request, and possibly subject to identification measures, we will provide you with reasonable access and comply with appropriate data correction requests in accordance with applicable law. For access requests, we will respond within thirty (30) days upon receiving your request.
You should also note that if we have provided your information to third parties, you will have to make a separate request to them directly if you want to have your information removed from, or corrected in, their databases.
5. Third Party Advertising and Links to Third Party Websites
Some of the advertisements that appear on the Websites are delivered to you by third-party Internet advertising companies. These companies use certain technologies to deliver advertisements and marketing messages and also use cookies, clear gifs or similar methods to collect information such as anonymous data about your visit to and use of the Websites and interactions with their advertisements and to provide you with advertisements that are tailored to your interests. We do not have access to or control over cookies or other features that these companies may use, and the information practices of these advertisers and third-party Web sites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices.
The Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection. To receive further information or to opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, visit http://www.networkadvertising.org/index.asp.
6. Choice/Opt-out Policy
We understand you may not want to receive promotional email from us or from our partners and advertisers. You can choose to opt-out of receiving promotional email communications from us - and from our sharing your contact data with our partners and with advertisers for direct marketing purposes - by selecting to opt out if and when you register on our Websites, by following the unsubscribe instructions in the email communication or by contacting the partner or advertiser directly.
To opt out of receiving NexTag promotional mailings after you have register visit http://www.nextag.com/serv/main/emailcampaign/optout.jsp or click the appropriate unsubscribe link contained within the email that you receive. Please note that opting out may prevent you from receiving email from NexTag regarding updates and improvements to the Websites or offers and promotions that may interest you.
In some cases we request that you submit personal information in order to forward this information to our partners that have products or services in which you may be interested. In the event we share this information with our partners (e.g., Lenders or car dealers), we no longer have control over the use of such information and your rights regarding such use will be governed by the policies of our partners. You will then have to contact them directly with any opt-out request.
We may collect information about your interaction with our advertisements. To opt-out of these advertising cookies, please visit http://www.nextag.com/serv/main/buyer/help/AdTargetingOptOut.jsp. We may allow advertising partners to record that you have visited the Websites to allow us to provide you with relevant advertising on the partners' sites. To opt-out of these partner advertising cookies, please visit http://www.nextag.com/serv/main/buyer/help/AdTargetingOptOut.jsp.
To change your preferences regarding your search and browsing history, please visit http://www.nextag.com/serv/main/buyer/searchPreferences.jsp.
7. Your California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits residents of California who are registered users and use our service for private, family or household purposes to request certain standard information regarding our disclosure of personal information to third parties for their direct marketing purposes (including a list of categories of data disclosed in the previous calendar year and names and addresses of data recipients). To make such a request, please contact us as provided below.
8. Internet Crime Complaint Center
NexTag wants your Internet surfing experience to be safe. Help protect yourself. If you believe you have been a victim of Internet crime you can file a complaint with the Internet Crime Complaint Center (IC3), a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center. Their website is http://www.ic3.gov/.
9. Contact Us
If you have any questions about this Website Privacy Statement, the practices of the Websites, or your use of the Websites, please contact us at:
Privacy Officer
NexTag, Inc.
1300 South El Camino Real, Suite 600
San Mateo, CA 94402
legalnotices@nextag.com (visit http://www.nextag.com/serv/main/emailcampaign/optout.jsp to opt out of receiving NexTag mailings)
If you do not receive acknowledgment of your inquiry or your inquiry is not satisfactorily addressed, you should then contact TRUSTe through the TRUSTe Watchdog Dispute Resolution Process at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will serve as a liaison with Nextag to resolve users concerns.

NexTag, Inc - Terms of Use
Effective Since October 21, 2008

http://www.nextag.com/serv/main/buyer/service_agreement.jsp

IMPORTANT:

Please read this Terms of Use Agreement (the "Agreement") carefully. The Agreement governs your use of websites owned or operated by NexTag, Inc. (collectively, the "Website") and the services and goods provided through or in connection with the Websites (collectively, the "Service"). Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service.

1. NEXTAG IS ONLY A VENUE.The Website acts as an online marketplace for you to find and transact with other users, Members, buyers or sellers (the "Users") showing products or services on the Service or otherwise associated with the Service. NexTag is not a broker, lender or seller, does not sell any products or provide any services and is not a party to any transaction you may make with a broker, lender, or seller. NexTag is not a party to any agreement you may make with a lender or broker with regard to any loan product. Any information you provide to a lender or broker in connection with your application remains with that lender or broker.

NexTag does not sell or license any of the products listed on the Website and does not provide any loan, educational or other products or services listed on the Website, and NexTag is not acting as an agent of sale or an agent of any merchant or provider of products or services. NexTag does not have any responsibility for, or liability related to, any products and services listed on the Website. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider.

NexTag does not warrant that prices, shipping costs, taxes, products or descriptions, or any other content of the Website is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and NexTag shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Website.
* NexTag is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website, including, without limitations, any agent referrals, loan recommendations, application, approval, pre-qualification, loan or interest rate analysis. Nothing on the Website contains an offer, promise or otherwise from NexTag to make a specific loan or that any participating lender or broker will make any loan for any purpose or on any specific terms.
* NexTag does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including, without limitations, any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the Website constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z.
* NexTag is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. NexTag is not liable for any acts or omission of acts of any seller, lender or broker on the Website. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services.
* Any information on the Website can change without notice.

2. TRANSACTIONS. You may post content or view content posted by others on the Service. NexTag does not undertake any obligation to monitor such content. You may act as seller or buyer and correspond with, participate in promotions by, and conduct transactions with the Users. NexTag is not a party to the transactions between you and the Users of the Website.

You may complete transactions as follows:
* Transaction Processing by the Seller. For certain transactions, 1) sellers direct buyers to the seller's web site for transaction processing, or 2) sellers direct buyers to the seller's NexTag Store, or 3) sellers provide buyers with sellers' contact information outside the Website to complete a transaction. NexTag never collects credit card information from buyers for transactions conducted through methods 1) and 3) of this section 2(A). NexTag may, depending on the payment method specified by sellers, transmit credit card information from buyers to sellers or to third parties designated by sellers for transactions conducted through method 2) of this section 2(A). NexTag does not maintain any credit card information upon transferring such information.
* Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions.

The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. NexTag and any of NexTag's Co-branded Partners, Licensees and Affiliates (collectively "NexTag Partners") assume no liability, obligation or responsibility in connection with any transactions between you and the Users of the Website. If you have a dispute with the Users or any third party, you release NexTag (and its agents and employees) and its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect.

3. LOAN SERVICE REQUESTS. You understand and agree that by submitting your personal information (including but not limited to your name, address, telephone number, property information, financial information and social security number) you authorize NexTag to (i) use this personal information to obtain and use your credit report and credit score for the purpose of matching your loan request with lenders or brokers, (ii) share this personal information with matching lenders or brokers and (iii) otherwise use this personal information as set out in NexTag's Privacy Policy.

4. LINKS. NexTag and NexTag Partners may provide links to external websites or resources for your convenience and reference only. NexTag and NexTag Partners do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against NexTag or its service providers arising out of your use of external websites or resources.

5. NEXTAG STORES. NexTag Stores is a venue for seller and buyers to sell and buy products that are listed on the Website. NexTag is not a party to any transaction between sellers and buyers. NexTag has no control over the legality, truth, accuracy, or quality of the listed products. NexTag has no control over the business practices of the sellers and the purchasing practices of the buyers. You understand and agree that all transactions that occur through NexTag Stores are strictly between you and Users, and that NexTag has no responsibility or liability with respect to any part of the transaction or any issues related directly or indirectly to such transaction. NexTag disclaims all warranties that may relate in any way to any products listed on NexTag Stores and disclaims all guarantees for any payments owed to sellers. You agree to hold NexTag harmless and indemnify NexTag and its subsidiaries, affiliates, and NexTag Partners and their respective directors, officers, employees and agents against any and all claims with respect to any transactions you are involved in with other Users. You agree to notify NexTag at BuyerSupport@nextag.com of any activity that you believe is fraudulent, deceptive, and misleading.

You may disclose personal information directly to Users or through NexTag, You understand and accept the risk that Users may misuse your personal information. NexTag does not guarantee the identities of Users nor does NexTag guarantee the accuracy of the information supplied by Users. Buyers acknowledge and agree that NexTag may transmit their credit card information to the sellers or to third parties that process sellers' credit card payments. You acknowledge and agree that NexTag shall not in any way be held responsible or liable for any resulting harm or damage that may result from any misuse of your personal information.

You acknowledge and agree that you or NexTag may terminate your ability to sell or buy on the NexTag Stores at any time. If you are a seller, you agree that you remain liable and will pay NexTag any fees due to NexTag for any services you received prior to the termination date.

6. MEMBER REGISTRATION. You must register as a Member with NexTag to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. NexTag and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify NexTag immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to BuyerSupport@nextag.com.

7. OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of NexTag and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.

8. LICENSE.
* Grant of License. You hereby grant to NexTag, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to NexTag that are not clearly marked as confidential ("Member Content") and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with NexTag's current content submission guidelines. NexTag shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. NexTag has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until NexTag specifies another form of delivery of Member Content or another URL address, you may submit Member Content to NexTag at http://www.nextag.com. As the sole consideration for the license and rights granted to NexTag under the Agreement, NexTag will consider posting Member Content on the Website.
* Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to NexTag, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by NexTag to others.

9. ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.

In addition, the following rules apply to your use of the Service:
1. You certify to NexTag that you are at least 18 years of age.
2. You assume full responsibility for the use of the Service by any minors.
3. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
4. You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that NexTag does not endorse the actions, the contents of communications, or the products of the Users.
5. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
6. You must complete all transactions you agree to complete in connection with the Service.
7. In your capacity as a seller, if applicable, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries. You must forward all feedback you receive regarding the Service to NexTag when acting as a seller.
8. You must abide by all of the then-current terms of NexTag's Privacy Policy as set forth on the Website and as updated from time to time by NexTag in its sole discretion.

10. PROHIBITED CONDUCT. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except NexTag) any information you obtain about or from other users of the Service, or you obtain from NexTag if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, (g) send any unsolicited e-mail or advertising to any known user or (h) use the Services for any use other than personal, noncommercial purposes unless specifically approved in writing by NexTag, in its sole discretion.

11. MERCHANT/PROVIDER REVIEWS. You may submit merchant/provider reviews to describe your shopping experiences with merchants and service providers. In submitting merchant or provider reviews,

* You agree only to submit a merchant/provider review in good faith about a merchant/provider from whom you have actually purchased or attempted to purchase products or services. Your review must be an accurate description of your experience with the merchant/provider.
* Any merchant review that you submit is subject to the terms, conditions and restrictions described elsewhere in this Agreement.

NexTag may impose reasonable restrictions on merchant/provider reviews, and establish rules to help ensure that reviews are legitimate and appropriate. NexTag may omit or remove any merchant review that it determines violates any requirements in this Terms of Use or other agreement. Merchants/providers may dispute the validity of a review, and NexTag may remove the review or take other actions that it believes are appropriate.

You understand that merchant/provider reviews are submitted by other Users. NexTag has no responsibility for the content or accuracy of any reviews.

12. PRIVACY POLICY. Please see NexTag's Privacy Policy. By accepting the Agreement, and each time you use the Service, you consent to NexTag's collection, use and disclosure of your information or Registration Data in accordance with the Privacy Policy without any further notice or any liability to you or any other person.

13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEXTAG PROVDIES THE SERVICE ON AN "AS IS" BASIS. NEXTAG AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEXTAG AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO NEXTAG OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NEXTAG AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXTAG OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

While NexTag takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL NEXTAG BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NEXTAG WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

14. LIMITATION OF LIABILITY. NEXTAG AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NEXTAG OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NEXTAG AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY NEXTAG OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER NEXTAG OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NEXTAG FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.

15. INDEMNIFICATION. You agree to indemnify and hold NexTag, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. NexTag and its Service providers assume no responsibility whatsoever for such content or actions.

16. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE NexTag AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

17. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. NexTag may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If NexTag terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, NexTag may remove from the Website and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.

18. DISPUTE RESOLUTION (The "Arbitration Clause"). In the event of a dispute, you and NexTag agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a Dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization.

Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. You and Nextag shall agree on one arbitrator to conduct the arbitration. The arbitrator shall apply governing substantive law in making an award. In any arbitration, NexTag will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. NexTag will pay additional arbitration expenses to the extent that the arbitrator determines that NexTag must in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.

The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NEXTAG WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST NEXTAG INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT, WIS. STATS. 426.110.

19. TRADEMARK AND COPYRIGHT NOTICES. The Website is a venue that, among other things, allows merchants to post product and service information for review by interested consumers and allows consumers to provide information and feedback on merchants, products and services. If you believe that a merchant or other User has acted in connection with the Website in a way that infringes your trademark or copyright, NexTag encourages you to resolve your dispute directly with the merchant or User. Merchants or Users may have placed the same or similar information or content on other websites or media, and working directly with the Merchant or User will often be the most effective way to resolve your dispute. NexTag does not control and has no responsibility for content that appears on, or products or services sold or offered on or through, third party websites that may be accessed through the Websites, and you should contact third-party sites directly to resolve any disputes that you may have with them.

To provide a notice of copyright or trademark infringement relating to the Websites, please provide the following information to NexTag's Copyright Agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark or other intellectual property;
2. a description of the copyrighted work, trademark or other intellectual property that you claim has been infringed;
3. the location on the Website of the material that you claim is infringing, with enough detail to allow us to locate it;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

All correspondence regarding intellectual property matters should be sent to NexTag's Copyright Agent at:

By mail
Copyright Agent
NexTag, Inc.
1300 S. El Camino Real, Suite 600
San Mateo, CA 94402

By fax
(650) 341-3779

By email
IPNotices@nextag.com

20. NOTICES. Except as stated otherwise, any notices shall be given by postal mail to NexTag, Inc. Attn: Legal Affairs Department, 1300 South El Camino Real, Suite 600, San Mateo, California 94402.

21. GENERAL. The Agreement comprises the entire agreement between you and NexTag and supersedes all prior agreements regarding the subject matter contained herein. NexTag may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. Except as set forth below, you must make all notices to NexTag in writing via conventional mail or e-mail addressed to BuyerSupport@nextag.com.

This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. NexTag's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NexTag in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

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