JUNKDRAWER TERMS OF SERVICE
LICENSE AND APPLICATION ACCESS
JunkDrawer grants you a non-exclusive right and license to access and use the Application for personal, noncommercial purposes, other than to manage, organize and sell items through the Application’s services, or to purchase items from third-party retailers accessible via links on the Application. This license does not include and strictly prohibits: any resale of the Application or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Application or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Application, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of JunkDrawer. Any unauthorized use shall immediately terminate the licenses and rights granted by JunkDrawer and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Application so long as the link does not portray JunkDrawer, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any JunkDrawer, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Application without first obtaining the express written consent of JunkDrawer, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
JunkDrawer does not guarantee continuous, uninterrupted or secure access to its services or the Application, and the operation of the Application may be interfered with by numerous factors outside or within JunkDrawer’s control.
JunkDrawer provides a number of different services to assist you in organizing, managing, buying and selling products through the Application. JunkDrawer may be paid by manufacturers, brand managers, retailers or other third parties for analyzing product and service information on the Application and for promotions such as featured deals, featured products and showcases.
JunkDrawer does not sell, resell or license any of the products listed on the Application, nor is JunkDrawer acting as an agent of sale, and JunkDrawer disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate retailer or seller.
JunkDrawer does not warrant that product descriptions, pricing, editorial commentary or any other content of the Application, regardless of its source, is accurate, complete, reliable, current or error-free. Application content is provided for informational purposes only and does not constitute an endorsement by JunkDrawer of any product, retailer, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. JunkDrawer assumes no liability for inaccuracy or incompleteness in its search results or other content on the Application.
OTHER BUSINESSES AND LINKS TO OTHER APPLICATIONS
JunkDrawer may provide links to the Applications of third-party retailers, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by JunkDrawer of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. JunkDrawer is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, for the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.
JunkDrawer has no control over the business practices of any third-party manufacturer, brand manager, retailer or seller, nor does it control in any way the quality, safety or legality of any item listed on the Application or any business transaction that occurs as a result of content provided in the Application.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A ANY THIRD PARTY CONTENT PROVIDER OR ANY RETAILER OR MANUFACTURER LISTED WITHIN THE APPLICATION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE JUNKDRAWER, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH JUNKDRAWER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Application, you explicitly waive the rights granted to you under California Civil Code 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.”
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE APPLICATION IS PROVIDED BY JUNKDRAWER ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JUNKDRAWER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE APPLICATION, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE APPLICATION; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUNKDRAWER SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. JUNKDRAWER DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APPLICATION OR THE SERVICES. OPERATION OF THE APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF JUNKDRAWER’S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JUNKDRAWER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JUNKDRAWER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE APPLICATION OR BOUGHT AND/OR SOLD USING THE APPLICATION, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM JUNKDRAWER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUNKDRAWER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
JunkDrawer disclaims any responsibility for the content of any third party materials provided through or on its Application or other services (”Third Party Content”). JunkDrawer will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (”DMCA”), which may include JunkDrawer removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to JunkDrawer regarding matters other than informing JunkDrawer that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted to the following Designated Agent:
Attn: General Counsel
1337 Massachusetts Avenue, Suite 204
Arlington, MA 02476
By Email: firstname.lastname@example.org
ADDRESS FOR NOTICE
Notices to JunkDrawer (other than as aforementioned for Digital Millennium Copyright Act infringement notices) can be sent by accessing the following link: email@example.com. JunkDrawer’s mailing address is:
Attn: General Counsel
1337 Massachusetts Avenue, Suite 204
Arlington, MA 02476