Terms and Conditions
User Agreement/Policies
The following describes the terms on which Sweepstakes ClearinghouseSM offers you access to our services. By using our services and by entering this website, you are agreeing to these terms and conditions. This is an Agreement between you and us. If you do not understand these terms and conditions or do not wish to be bound by them, please exit this website now.
Eligibility to Use this Site
Our services on this website (the "Site") are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you. If you do not qualify, please do not use our services. We expressly reserve the right to refuse our services and deny the use of this Site to anyone at any time, in our sole discretion.
Retail Price
The "MSRP" of a product is the higher of the manufacturer’s suggested retail price and the price at or above which an identical or very similar product is offered for sale by merchants on the Web or elsewhere. You should be able to find prices lower than the "MSRP" on each product. You are encouraged to compare representative prices in your area and/or on the Web to satisfy yourself as to the values represented on the Site.
Price Availability
We reserve the right to alter pricing data described on the Site. Our display of products and pricing information on the Site is not an offer by us to sell any product at any price. Such information is neither intended to be nor should be construed as an offer by us. Rather, when you place an order with us, you are making an offer to purchase a product at a particular price. We have the right and, in fact, hereby expressly reserve the right, to reject any offer to purchase merchandise from or related to the Site. The prices noted on the Site are subject to, among other things, verification by the applicable supplier or manufacturer.
Order Acceptance
Our receipt of an order transmission does not constitute the acceptance of an order or a confirmation of an offer to sell. Sweepstakes ClearinghouseSM and its suppliers reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order, including but not limited to verifications of employment and credit card authorization. .
Refund Policy
We offer a 30 day money back guarantee. If you are not completely satisfied with your merchandise for any reason, you may return it within 30 days for a replacement or a complete refund of the purchase price, less shipping and handling charges. Merchandise must be returned unused and in a “like new” condition to be eligible for a replacement or refund. Gift certificates are not refundable but can be used for store credit.
Disclaimer of Warranties
ALTHOUGH ALL PRODUCTS OFFERED THROUGH US ARE FIRST QUALITY MERCHANDISE WITH FULL WARRANTIES BY THE APPLICABLE MANUFACTURERS, THE SERVICES AND INFORMATION PROVIDED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER TO THE USER AND/OR ANY THIRD PARTY. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ANY AND ALL IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT, AND WARRANTIES AS TO ACCURACY, TIMELINESS AND COMPLETENESS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE CONSTITUTES ACKNOWLEDGEMENT THAT SUCH USE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
Limitation of Liability
IN NO EVENT SHALL SWEEPSTAKES CLEARINGHOUSESM OR ITS SUPPLIERS BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE) FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST DATA, OR LOST PROFITS THAT MAY BE SUFFERED BY ANY USER OF THE SITE AND/OR ANY THIRD PARTY IN CONNECTION WITH OR AS A RESULT OF THE USE OF THE SITE, THE USE OR PURCHASE OF ANY GOODS OR SERVICES SEEN ON THE SITE, OR THE USE OF SERVICES OR INFORMATION PROVIDED ON THE SITE, REGARDLESS OF HOW SUCH DAMAGES MAY ARISE AND EVEN IF SWEEPSTAKES CLEARINGHOUSESM AND/OR ITS SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You, on behalf of yourself, your agents, employees, assigns, children, relatives, heirs, executors, administrators, lawyers and/or representatives acting on your behalf, agree to indemnify, defend and hold Sweepstakes ClearinghouseSM harmless from and against any and all claims, demands, losses, causes of action, obligations, actions, suits, expenses, costs, attorneys' fees, contracts, agreements, damages, administrative proceedings, fines, and judgments or liabilities of any kind or character, whether known or unknown, whether in law or in equity, and whether liquidated or unliquidated arising out of, directly or indirectly, or in any way connected with your use of the Site, as well as any consequence thereof. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification under this Agreement.
Release
You, on behalf of yourself, your agents, your children, relatives, employees, assigns, heirs, executors, administrators, lawyers and/or representatives acting on your behalf, and all those who could have, may or could claim by, through or under you, for and in consideration of the use of the Site, and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby fully, finally, irrevocably, unconditionally and forever release, remise, cancel, acquit, relinquish and discharge Sweepstakes ClearinghouseSM, and all other persons, firms and corporations who might in any way be claimed to be legally obligated to you in any way, directly or indirectly, in any manner arising out of or in any way connected with your use of the Site, as well as any consequence thereof, from any and all suits, complaints, rights of offset, recoupment, demands, damages, costs, losses or expenses (including, but not limited to, attorney and any other professional fees or expenses), claims, controversies or causes of action of any nature whatsoever, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, absolute or contingent, direct or derivative, asserted or unasserted, which may exist in law, in admiralty, or in equity, by reason of any rights you ever had, now have, or may have in the future against Sweepstakes ClearinghouseSM or the other parties released hereby.
The foregoing release shall be as broad and comprehensive as legally possible, so that the parties released hereby shall never be liable, directly or indirectly, to you or any other party, for any claims, demands, actions or causes of action of whatever nature or character arising out of or in any way connected with your use of the Site, as well as any consequence thereof.
You expressly contract that no claim or cause of action of any type is reserved against anyone or any company whomsoever, whether named or unnamed. If any other claims exist, whether released herein or not, whether foreseeable or unforeseeable, you hereby assign those claims in full to SWEEPSTAKES CLEARINGHOUSESM.
If you are a California resident, you waive California Civil Code Section 1542, which states: "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."
Copyright, Patent, and Trademark Notices
This Site is owned and operated by Sweepstakes Clearinghouse (referred to herein as "we," "us," "our," or "Sweepstakes ClearinghouseSM") and/or its various third party providers and distributors. "Sweepstakes ClearinghouseSM" is a service mark of Sweepstakes Clearinghouse. You acknowledge that the Site may also contain other individual elements subject to our copyright, trademark rights, or other proprietary rights. All such rights are reserved. In addition to our rights in individual elements of the material appearing on the Site, all content of the Site is copyrighted as a collective work under the United States copyright laws, and Sweepstakes Clearinghouse owns a copyright in the selection, coordination, arrangement and enhancement of the material. All other marks that appear on the Site belong to their respective owners, and may be protected by U.S. and international copyright and trademark laws.
You acknowledge and agree that, notwithstanding that we permit access to the material appearing on the Site, the material is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights, that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided herein, your use of the material shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. You may not reproduce, publish, transmit, display, distribute in any way, modify, remove, delete, augment, add to, create derivative works from, sell or participate in any transfer or sale of, or exploit in any way, any of the material appearing on the Site, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the material, provided that the copies are made only for your personal, non-commercial use and that you maintain any notices contained in the material, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. §107), you may not reproduce, publish, transmit, display, distribute in any way, modify, remove, delete, augment, add to, create derivative works from, sell or participate in any transfer or sale of, or exploit in any way, any of the material appearing on the Site, in whole or in part, without obtaining permission of the owner of the copyright or other proprietary right.
No License
No right, title, interest or license in any downloaded material, including, but not limited to, any of Sweepstakes ClearinghouseSM, or any third party’s intellectual property rights, is transferred to you or any other party as a result of Site use, downloading or copying.
Privacy Policy
Any information you provide us will be held in the strictest of confidence including, but not limited to, credit card numbers and sex, age, marital status, birth date, etc. However, we do, from time to time, allow other reputable companies access to our member mailing lists. In the event you wish to opt-out of these valuable offers, you may do so by sending us a brief E-Mail to that effect. Remember, your satisfaction is our greatest concern.
Jurisdictional Issues and Governing Law
This Site is controlled and operated by Sweepstakes ClearinghouseSM from its offices within the State of Texas, United States of America. Sweepstakes ClearinghouseSM makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may describe products that are not available worldwide.
This Agreement and all legal issues arising from or related to the use of the Site shall be governed in all respects by the laws of the State of Texas applicable to agreements entered into and to be performed entirely within Texas, without regard to any conflict or choice of law provisions. Any dispute arising under this Agreement or arising from or related to the use of the Site shall be resolved exclusively in a state or federal court sitting in the State of Texas in Dallas County.
Future Amendments to this Agreement
We may amend this Agreement at any time by posting the amended terms on the Site. Your use of the Site following any such amendment constitutes your agreement to follow and be bound by the Agreement and all terms and conditions thereof, as amended.
Fraud
It is a violation of the law to place orders under a false name or with an invalid credit card. We have a sophisticated Fraud Control system that screens for suspicious orders, which are subject to investigation and possible cancellation. Fraudulent ordering will be prosecuted to the fullest extent of the law. Please be aware that even if you do not give Sweepstakes ClearinghouseSM your real name, your Web browser transmits a unique address, which can be used by law enforcement officials to identify you. Both the FBI and the U.S. Secret Service are responsible for investigating Internet fraud cases.
Acceptable Use of Public Posting Areas
The Sweepstakes ClearinghouseSM Site may contain, or may be modified in the future to contain public posting areas, including, but not limited to chat areas, bulletin boards, or e-mail functions. By accessing and/or using the Site, you agree not to post or transmit any defamatory, abusive, obscene, offensive, or threatening material, material that invades anyone’s privacy, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation, including, but not limited to the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), 47 U.S.C. §151, et seq., and the Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2395 (1991), 47 U.S.C. §227, or any other material that limits the ability of others to enjoy Sweepstakes ClearinghouseSM or that infringes on the rights of others. Users are prohibited from canceling or superseding postings other than their own.
You are solely responsible for ensuring that any material or information you post anywhere on or through the Site does not violate any third party’s copyright, trademark, trade secret, or other intellectual property, or other personal or proprietary rights. By submitting material to the Site, you represent that you are the owner of the material, or that the material is posted with the express consent of the owner(s) of such material. Any copyrighted or other proprietary material not owned by you, but posted with the consent of the owner(s) should contain a phrase such as "Copyright owned by [name of owner]; used by permission."
By submitting material to the Site, you surrender your copyright and all other present and future personal or proprietary rights, if any, in the material. All material you submit to the Site by electronic mail or otherwise, including, but not limited to any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. All material you submit to the Site becomes the property of Sweepstakes ClearinghouseSM and may be used by Sweepstakes ClearinghouseSM in any manner it deems fit, including, but not limited to, reproducing, modifying, publishing or distributing the material, without compensation to you or any other person. Furthermore, Sweepstakes ClearinghouseSM is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information.
You acknowledge and agree that you are expressly prohibited from using any public posting area of the Site for any commercial purpose, including, but not limited to, advertising or soliciting anyone to buy or sell products or services, or soliciting donations of any kind. You agree not to gather email addresses or other information regarding users from any public posting area or other area of the Site, or to use the Site for data mining of any kind.
Sweepstakes ClearinghouseSM has no practical ability to monitor any postings in public posting areas of the Site prior to transmission. Sweepstakes ClearinghouseSM cannot ensure prompt removal after transmission of postings which might violate this policy on Acceptable Use of Public Posting Areas. Accordingly, Sweepstakes ClearinghouseSM does not assume or have any responsibility by action or inaction with respect to content posted or provided by users. Sweepstakes ClearinghouseSM reserves the right, but assumes no obligation, to delete, move, or edit postings that come to our attention and that we consider unacceptable or inappropriate, whether for legal or other reasons.
We retain the right to deny access to anyone who we believe has violated our policy concerning the Acceptable Use of Public Posting Areas. Furthermore, we will comply with the requirements of the law regarding disclosure of such messages to others, and will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
You agree to defend, indemnify and hold Sweepstakes ClearinghouseSM harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your submissions to public posting areas on the Site, or arising from or related to messages, graphics or other material or information you may encounter at the public posting areas on the Site. You release us from all claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way relating to the public posting areas on the Site. If you are a California resident, you waive California Civil Code Section 1542, which states: "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."
Export
Material from this Site may be subject to United States Export Control pursuant to laws and regulations which govern the export and reexport of certain technology and technical data originating in the United States. By accessing this Site, you agree to abide by these laws and the regulations promulgated thereunder, including, but not limited to the Export Administration Act, Pub. L. No. 96-72, 93 Stat. 503, 50 App.U.S.C. §2401 et seq. and the Arms Export Control Act, as amended, Pub. L. No. 94-329, 90 Stat. 744, 22 U.S.C. §2778, and not to transfer, by electronic transmission or otherwise, any material derived from this Site to either a foreign national or a foreign destination in violation of such laws. No software from this Site may be downloaded, exported, or reexported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. Sweepstakes ClearinghouseSM does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws. By downloading or using information or software from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Site Availability and Integrity Sweepstakes ClearinghouseSM makes every effort to maintain 100% Site availability, except during scheduled maintenance periods. However, the Web is an evolving medium with inherent technical vulnerabilities. Neither Sweepstakes ClearinghouseSM, nor its affiliates, officers, directors, employees, agents, third-party content providers, suppliers, or the like, warrant that the Site, your use of the Site, or the functional aspects of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Should we experience technical difficulties, Sweepstakes ClearinghouseSM is not responsible for transmissions or orders that are not processed or accepted.
You agree not to disrupt or interfere with the services provided on the Site, nor to alter or tamper with any information or materials on or associated with the Site. You agree not to probe, scan, test or attempt to penetrate security measures of Sweepstakes ClearinghouseSM whether or not the intrusion results in corruption or loss of data.
Severability
In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable.
Section Headings
The section headings herein contained are for the purposes of identification only, and shall not be considered in construing this Agreement.
Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations under this Agreement.
Entire Agreement
This Agreement represents the entire understanding between the parties with respect to the matters herein addressed, and supersedes any prior agreement, whether written or oral.
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