Guidester Terms & Conditions

1. Legal Disclaimer
Guidester and our Retail Partners (the Guidester Network) shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on the Guidester Network, or for any loss, damage, expense or injury resulting from any transactions conducted with any Retail Partners utilizing the Guidester technology, or services. In addition, since Guidester cannot verify all information provided by Retail Partners and other third parties, Guidester does not represent or warrant that the information accessible via the Guidester tools or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any Retail Partner to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on the Web site or through other Guidester services. Due to the dynamic nature of this market, all information is subject to change without notice. The Guidester Network shall not have any liability or responsibility for any loss, damage, expense, or injury sustained through reliance upon information obtained from or through Guidester's services, whether or not they were accessed via the Guidester Network or other services.

2. Liability Limitations
In no event shall the Guidester Network be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from the Guidester Network or services. Furthermore, in no event shall the Guidester Network or agents be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, even if we have been previously advised of the possibility of such damages.

3. Dispute Resolution
Any claim arising out of the use or operation of the Guidester Network, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA) in New York, New York, under the rules and procedures of the AAA. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in the dispute (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in New York, New York pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.

4. Other Terms
The Guidester Network and other services are operated and provided in the State of New York, USA. As such, we are subject to the laws of the State of New York, and such laws will govern these Terms and Conditions, without giving effect to any choice of law rules. We make no representation that the Guidester Network or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the site or other services, you agree to do so subject to the internal laws of the State of New York. Guidester does not guarantee continuous, uninterrupted or secure access to the site or other services, and operation of the site or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. This is the entire agreement and understanding regarding the subject matter hereof, and may only be modified as provided above. If any provision in these Terms and Conditions shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. By using this site, you agree that these Terms and Conditions and any other agreements referenced herein may be assigned by Guidester, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms and Conditions shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a user of the site or participation in any other program or service offered by Guidester.

5. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2008 Guidester, with all rights reserved, or is the property of the Guidester network and/or third parties protected by intellectual property rights. Any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Guidester network is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Guidester. Guidester® is a registered trademark of Guidester, Inc. Guidester.com™, Nav are proprietary service marks of Guidester, Inc. Guidester's service marks / trademarks may not be used in connection with any product or service that is not provided by Guidester, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Guidester, Inc.

All other trademarks displayed in Guidester’s Web sites are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Guidester and these companies. Guidester disclaims any responsibility for the content of any third party materials provided through or in association with this Web site.

These Terms and Conditions were last modified on 4/1/2008.