Welcome to www.cheapertrends.com, which is published by Cheaper Trends & World Report, L.P. (“Cheaper Trends”). These Terms and Conditions apply to the Cheaper Trends Services located at www.cheapertrends.com, our paid content, and our online discussion forums, as well as any other of our websites, digital services or mobile or other applications on which a link to these Terms and Conditions appears (collectively, the “Cheaper Trends Services”), all of which Cheaper Trends Services are provided by Cheaper Trends at any time and from time to time in its sole discretion. Cheaper Trends does not control, and is not responsible for, any third-party site to which the Cheaper Trends Services link or that links to any Cheaper Trends Services.
You agree that your use of the Cheaper Trends Services is subject to the following Terms and Conditions. If you do not agree with the Terms and Conditions in their entirety, please do not use any Cheaper Trends Services. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Cheaper Trends Services by you will constitute your acceptance of any changes or revisions to these Terms and Conditions. Portions of the Cheaper Trends Services may be governed by different or additional terms and conditions. In the event of a conflict between any provision of these Terms and Conditions, on the one hand, and any other terms and conditions, on the other hand, the applicable provision of these Terms and Conditions shall prevail with respect to your use of the Cheaper Trends Services.
The materials and tools contained on the Cheaper Trends Services are provided by Cheaper Trends as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for informational purposes only. You acknowledge that you are using the Cheaper Trends Services at your own risk. Cheaper Trends assumes no responsibility for errors or omissions in these materials. Cheaper Trends makes no commitment to update the information contained herein. Cheaper Trends makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Cheaper Trends Services, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Cheaper Trends Services, or that use of the Cheaper Trends Services will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Cheaper Trends or any other party on the Cheaper Trends Services shall create any warranty or liability. The content provided through Cheaper Trends Services should be used for informational purposes only; the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any health, financial or other decision you are seeking to make. In the case of our product reviews, consumers should always consult the manufacturer and/or their dealer/distributor for the most up-to-date product information, features and specifications.
Cheaper Trends does not warrant or make any representations regarding the use or the results of the use of the materials on the Cheaper Trends Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Cheaper Trends or any of its parents, subsidiaries, affiliates, licensors, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Cheaper Trends Services. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Cheaper Trends Services or any goods or services offered for sale through the Cheaper Trends Services shall be to request that Cheaper Trends correct the matter or, if Cheaper Trends fails to do so, to discontinue use of the Cheaper Trends Services. In no event shall Cheaper Trends’s liability exceed an amount equal to all fees paid by you to Cheaper Trends in connection with your use of the Cheaper Trends Services.
Cheaper Trends periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Cheaper Trends shall have no liability for the resulting unavailability of the Cheaper Trends Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Cheaper Trends Services.
All materials published on or in the Cheaper Trends Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Cheaper Trends or, in the case of content licensed by Cheaper Trends from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from this Cheaper Trends Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material; you must pay a fee to access that content which requires a fee for access. To request use of Cheaper Trends Services content – other than personal, non-commercial use as described above – contact [email protected] to request specific, written authorization, which may require payment of a fee and may be granted or denied in the sole discretion of Cheaper Trends.
In the event you believe that any content posted on the Cheaper Trends Services infringes your copyright or other intellectual-property rights, you may notify Cheaper Trends by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Cheaper Trends’s Copyright Agent:
User Generated Content
Cheaper Trends, through its forums or otherwise, may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the Cheaper Trends Services (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. Cheaper Trends does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Cheaper Trends all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Cheaper Trends Services such as computer viruses, bots, worms, bombs, or Trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; (i) violates the law or otherwise violates these Terms of Service; or (j) provides a link to any of the above.
In connection with any User Content that you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Cheaper Trends to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Cheaper Trends Services and these Terms and Conditions; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Cheaper Trends Services and these Terms and Conditions; and (iii) it complies with these Terms and Conditions.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Cheaper Trends, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Cheaper Trends publishing such User Content. Cheaper Trends does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Cheaper Trends shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms and Conditions or is otherwise objectionable, as determined by Cheaper Trends in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to [email protected], and any promise by Cheaper Trends to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a Vice President of Cheaper Trends.
You agree to indemnify Cheaper Trends and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Cheaper Trends Services, your transmission or posting of User Content, your unauthorized use of material obtained from the Cheaper Trends Services, your breach of these Terms and Conditions, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Cheaper Trends reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Cheaper Trends does not claim any ownership rights in the User Content. By transmitting or posting User Content, you grant to Cheaper Trends the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify (including the size and aspect ratio of photographs), publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with the Cheaper Trends Services, in connection with other Cheaper Trends publications, in connection with Cheaper Trends’s (and our successors’) business, in connection with promoting and redistributing part or all of the Cheaper Trends Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution, or in connection with stories featuring the Cheaper Trends Services or any content on the Cheaper Trends Services in other news and media websites or other outlets. You waive any moral rights you may have in the User Content. You also grant each user of the Cheaper Trends Services a non-exclusive license to access your User Content through the Cheaper Trends Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Cheaper Trends Services and under these Terms and Conditions.
From time to time, users of certain portions of the Cheaper Trends Services may be given the opportunity to volunteer to become part of a group of “Beta Testers”. Beta Testers will review, test and provide written and/or verbal Feedback on new ideas and features for Cheaper Trends Services. If you volunteer to be a Beta Tester, you agree (i) that all concepts, design mockups, content or other information shared with you as a Beta Tester is confidential information of Cheaper Trends and that you will keep it confidential, use it only in connection with your role as a Beta Tester, and not disclose it to any other person, and (ii) that Cheaper Trends will be the sole owner of all right, title and interest in and to any Feedback you provide to Cheaper Trends in connection with your role as a Beta Tester. For purposes hereof, “Feedback” means any comments, suggestions, expectations, test results, error data, bug reports or other information or materials that you provide to Cheaper Trends in connection with your role as a Beta Tester.
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Third Party Provider Content Notices
By accessing the Cheaper Trends Services (including without limitation, any digital service or application made available by Cheaper Trends), you specifically acknowledge and agree that: (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) the Associated Press will not be liable for any delays, inaccuracies, errors or omissions in any Associated Press materials or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; (d) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit your use of Associated Press materials or any portion thereof at any time.
Purchasers of paid content are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. The password is for the purchaser’s sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers or devices) could result in suspension of that password. Paid content is protected by copyright laws, and may not be transmitted (whether by e-mail or otherwise), reproduced, republished, distributed, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Cheaper Trends.
Cheaper Trends is committed to providing visitors to the Cheaper Trends Services with as many features as possible, some of which may be provided by third parties. The companies that Cheaper Trends selects as featured service providers offer products and services that site visitors may find useful. Cheaper Trends in certain cases may have a business relationship with certain third parties that it selects as a featured service provider. Cheaper Trends is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their websites, or for the availability and operations of their websites.
You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Cheaper Trends Services, shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in New York County, New York. In addition, you agree to submit to the personal jurisdiction of such courts.
What information does Cheaper Trends collect about me as I use the Cheaper Trends Services?
Cheaper Trends may collect personally identifiable information from you such as your name, telephone number, postal address, e-mail address, location, and credit card information so that we or selected companies can provide you with the products and services you request. For example, we may ask you for your name, e-mail address, and certain other information in connection with certain features. Cheaper Trends may also collect your credit card information when you make a purchase, so that we can process your payment for the product or service you are requesting. During the ordering process, such credit card information is transmitted either to Cheaper Trends or to the particular supplier or service provider who provides the service you are purchasing. In both cases, credit card information is then transmitted to third-party credit card processors and card issuers that use your information to process your order.
Cheaper Trends may also collect non-personally identifiable information when you visit the Cheaper Trends Services, such as your browser configuration, the type of operating system you are using, and information about your Internet service provider.
How does Cheaper Trends use the information supplied by me?
We may use the information you supply to fulfill your requests for products and services, to respond to your inquiries, and to offer other products and services from either us or selected companies which may be of interest to you. If you decide that you do not wish to receive such communications from Cheaper Trends and others, you may opt-out of receiving further e-mails and other communications by clicking “Unsubscribe” or “Manage my email preferences” in any email. If you choose to submit content for publication (e.g., a letter to our editors, or information to be posted as a comment), we may publish your name, screen name or such other information you supply.
If you have indicated interest in receiving information directly from a selected outside company, we may provide such selected outside company with information that may include but not be limited to your name, telephone number, postal address and email address. If you decide that you do not wish to receive further communications from such selected outside company, you will need to so notify such selected outside company.
In addition, Cheaper Trends may disclose information we maintain (A) if in good faith we believe that such disclosure is necessary to (1) comply with the law or legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Cheaper Trends Services; or (4) protect the personal safety, property, or rights of our users or the public, or (B) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale.
How can I change my privacy options?
If at some point after giving Cheaper Trends your personally identifying information, you do not wish to continue to receive additional information and offers from Cheaper Trends about Cheaper Trends, from Cheaper Trends’s affiliates, or from selected outside companies, you may opt out of receiving future emails by clicking the “Manage my email preferences” link located at the bottom of each e-mail.
What are “cookies” and how does Cheaper Trends use them?
“Cookies” are pieces of information that are placed by the Cheaper Trends Services in a storage place on your computer or mobile device. Cookies do not contain information that is, in itself, personally identifying. Cookies and other tracking information are placed on your computer or mobile device in a limited way to help deliver advertisements, to calculate unique site visitors, and to track usage throughout our site. Other uses include placement of cookies to make the login process more convenient for our services that use logins.
We also contract with certain third parties to help manage and optimize the Cheaper Trends Services business, including but not limited to the following companies with whom we share information in order to operate the Cheaper Trends Services and deliver our service to you:
We use the services of a third party marketing company, Omniture, to help us measure the effectiveness of our advertising and how visitors use the Cheaper Trends Services. To do this, we use Web beacons and cookies provided by this third party marketing company at the Cheaper Trends Services. This information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. You can “opt-out” of our ability to analyze such Omniture data by clicking here.
We also use a third party advertising company, DoubleClick, to deliver ads to you when you visit the Cheaper Trends Services. In the course of providing this service, our third-party advertising company may place or recognize a unique cookie on your browser which collects information about your visits to the Cheaper Trends Services, such as the number of times you have viewed an ad (but not your name, address, e-mail address, telephone number or other personally identifiable information). If you would like more information about this practice and to understand your choice not to have this information used by DoubleClick, please click here.
Integration with Facebook
Portions of the Cheaper Trends Services permit you to integrate such Cheaper Trends Service with Facebook. Through such integration, Cheaper Trends may receive personally identifiable information about you such as your name, profile picture, educational institutions you have attended and your major there, work information, fan pages, networks, current location, friends and similar personally identifiable information about your friends who are registered on Facebook (“Friends”). Cheaper Trends may use this information to customize the services that we provide to you through the Cheaper Trends services. By visiting a Cheaper Trends Service, information that we receive from Facebook about you and your Friends may appear to you on the Cheaper Trends Service. In addition, if you are listed as a Friend on Facebook of other users of Cheaper Trends Services, your Facebook information may appear to those users on the Cheaper Trends Service if they have chosen to integrate their use of U. S. News Services with Facebook.
If you wish to opt out of sharing your Facebook information with Cheaper Trends, you must update your Facebook privacy options on your Facebook privacy settings page at www.facebook.com/privacy.
Children Under Age 13
No one under the age of 13 should provide any personally identifiable information to Cheaper Trends. In general, Cheaper Trends does not knowingly collect personally identifiable information from children under 13. If in limited circumstances we do knowingly collect personally identifiable information from children under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected such information from a child under the age of 13 without verification of parental consent, we will delete this information from our database as quickly as possible. If you believe the Cheaper Trends Services has collected any personally identifiable information about anyone under 13, please contact us at [email protected]
Users of the Cheaper Trends Services who are California residents and who have provided personally identifiable information to us may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected] with “Request for California Privacy Information” in the subject line and in the message.