Terms of Use

1. ACCEPTANCE OF THIS AGREEMENT

Last updated: May 11, 2006 - International Nurses Day

We (us, this company, the home team) provide a service ("Service") to you (the "User" or "Customer"), subject to the following Terms of Service ("TOS," "Agreement," "Fine Print"). It is our intention that the TOS will explain what this Service provides, what obligations we have towards our users, and what obligations our customers have to us. We may amend the TOS at any time by posting an updated version on our website.

2. OUR SERVICE

Our Service provides users with an ability to manage shopping lists (also know as "Wishlists" or "junk I want but can't afford or haven't found yet") for other purchasing sites (such as Amazon.com). In addition to allowing the User to manage and sort these lists more efficiently, the Service also updates the User via email when any items are available that meet a given set of criteria.

3. REGISTRATION OBLIGATIONS

You must register for an account in order to access the Service. We need to know you are a real person who has a real email account, and real feelings before you are able to play here. Otherwise there's no emotional connection, and we just can't be expected to build a relationship off that. Plus, our hosting service requires we have accurate information about our customers, so they can be sure we aren't spammer jerks. When completing the registration form, you must provide true, accurate, and complete information. You must also update your records with us should any of your information at the time of registration change. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your membership and access to the Service. You will create and/or receive a password upon completing the registration process. You are responsible for maintaining the confidentiality of your password name, and are responsible for all activities that occur with your account, including fees incurred and all purchases made at other websites by your registration for, and participation in the Service. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. FEES

Your access to the Service is currently free, but access may involve third party fees (such as access to a computer, Internet service provider charges, bitchin' mouse pads, etc.). You are responsible for all equipment necessary to access the Service. Let's be realistic about this.

Right now, we get paid by getting a referral fee through the respective Amazon affiliate programs whenever you buy something on your wishlist using our Service. Don't freak out — this doesn't increase the cost of whatever you're buying for you. It basically allows us to buy Doritos and Dr. Pepper for when we stay up late trying to make the Service better. You win because we help you organize things better and alert you about stuff you want, we win because we get a little coin to buy junk food, and Amazon wins, because they get happy customers. No one gets hurt.

At some point in the future, we may decide it's possible to make real money off this by charging for the Service or related or additional services. It's a strange world like that. If that happens, you'll hear about it first.

4. PROHIBITED USES

You agree that you will not: a) impersonate any person, including one of us or our agents, or another member of this service, or Elvis Presley, the King of Rock and Roll; b) violate any local, state, or federal law through or on the Service; c) harass people through or on the Service (note: we have no idea how you'd do this, but it's still prohibited); d) collect or store data about other people using the Service; e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f) take any action that imposes or threatens to impose an unreasonable or disproportionately large load (yeah, that's right, we said "load") on any infrastructure of or related to the Service; g) use the Service in any manner other than expressly authorized in this Agreement; h) use automated or manual devices or processes, including, but not limited to robots, spiders, crawlers, worms, or Vulcan mind melds to monitor or copy any content on the Service; or i) reproduce, sell, or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. On second thought, you might be able to exploit us for commercial purposes, but only with our prior written consent (note: that will most likely involve some exchange of coin), and only if it's the friendly kind of exploitation.

5. ELVIS IMPERSONATORS WELCOME

Note: We were just kidding in that last paragraph about not allowing Elvis impersonators to use our service. The rest of the stuff we meant. Hail to the King, baby.

6. OWNERSHIP AND RESTRICTIONS

The license granted here in our fine print does not constitute a transfer or sale of any ownership rights. We retain all right, title, and interest in and to our database, source code, website content, and any and all related intellectual property rights. You are not allowed to sell, distribute, or otherwise transfer any content of the service without our express, prior, written permission. This is our stuff.

Let's now contrast that to things that are NOT our stuff. Obviously, we don't own anything related to Amazon (or we'd be on a beach somewhere, drinking Mai-Tai's), nor do we claim to have anything other than an affiliate relationship with either company. While we don't have a very formal relationship with Amazon or ebay, you are still prohibited from any use of the Service which may reflect poorly on us or in any way negatively impacts our friends at Amazon, or any other website with whom we may choose to affiliate ourselves. Should you be goofy enough to try to steal anything that Amazon or ebay owns (like intellectual property, trademarks, office supplies, or other stuff they try to protect in their Conditions of Use), or otherwise abuse the good people at either company through the use of our Service, you agree to pay for every bit of hassle we endure trying to clean up the mess. This might include, but is not limited to legal fees, restitution, and most likely your body weight in Doritos and Dr. Pepper.

We should also be clear that we do not own any of your shopping lists. While we may compile aggregate data on our users' lists and any other information that passes through our system to make our Service more relevant and hip, we don't pretend to have any ownership of your Amazon.com or other purchasing site account or information. You own that, as well as all of the rights and obligations thereunto appertaining. You may find some more information about this in our Privacy Policy. Feel free to check it out. It's a great read.

7. CHILDREN

We really don't know what to do about children. On the one hand, 6 year-olds really have no business using our Service. On the other hand, there are plenty of 16 year olds who are way smarter than we are. We'll probably leave it for now at not allowing children under 13 years old to register, and at allowing children over 13 to register only with their parent or guardian's consent and supervision. By registering, installing, and accepting this Agreement, you represent to us that you are at least 13 years old, and that if you are under 18, your parent/guardian is cool with your being here.

8. USER WARRANTY

You represent and warrant to us: a) that you have full power, authority, and legal capacity to enter into this Agreement and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; and b) you will provide complete, accurate and lawfully obtained information to us.

9. INDEMNITY

You will indemnify and hold us and our subsidiaries, affiliates, officers, agents, and employees, 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, your violation of this Agreement or your violation of any rights of a third party.

10. MODIFICATIONS TO SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it, with or without notice. Strange stuff happens sometime, and we can't be responsible for it. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

11. TERMINATION

You have the right to terminate or cancel your account at any time. You understand and agree that the cancellation of your account and discontinuation of the use of the Service is your sole right and remedy with respect to any and all disputes with us. Hopefully, this won't happen, but we thought we should be clear about it, just in case.

We have the right to terminate your account at any time, with or without notice, for any reason or for no reason. Again, hopefully this won't happen.

12. LINKS

The Service may provide links to third party web sites. We have no control over these sites and are not responsible for their availability. Furthermore, we are not responsible or liable for any content, goods, or services available from these sites, nor are we responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.

These parts below are really nasty bits. In essence, they say that you agree that any failure of our service to operate as expected or at all will not entitle you to any damages or compensation whatsoever. This is a free service, people. Take it at face value, potential warts and all, or don't take it. For more complete information, or if you enjoy sentences written in all caps with words like "disclaimer" and "liability," read on:

13. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA PURCHASED, DELETED OR OTHERWISE ALTERED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE, EVEN IF PROVIDED ADVANCED NOTICE. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF A) THE AMOUNT OF FEES PAID BY YOU TO US IN THE 9 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND B) $101. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. TRADEMARK INFORMATION

All logos, products and service names are trademarks of their respective owners. You must not display or use them in any manner without their (or, where applicable, our) express consent.

16. GENERAL INFORMATION

We may provide notices to you pursuant to this Agreement through email, regular post, or by displaying conspicuous notices or links to notices to you on the Service. This TOS constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply should you use other products or services we offer now or in the future. This Agreement and the relationship between you and us will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in or closest to Santa Barbara, California. Any failure on our part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of the right or provision. If any provision of this Agreement is found to be invalid, the other provisions of the Agreement will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within nine (9) months after the claim or cause of action arose or be forever barred.