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Terms Of Use

What Gives? Inc. TERMS AND CONDITIONS

Last updated December 31, 2011
IMPORTANT: ALL USERS MUST READ THESE TERMS
Acceptance of Terms and Conditions:

Welcome to What Gives? Please carefully read the Terms and Conditions and Privacy Policy (Collectively, “Agreement,” “Terms and Conditions,” or “Terms of Use”) of What Gives?, Inc's website- WhatGivesDeals.com, prior to accessing or using the rest of the What Gives? Website. By accessing or using www.WhatGivesDeals.com, or any derivative, or any sub domains of the WhatGivesDeals.com Website, and any other website pages on which services are provided by us (collectively, the “Website,” “What Gives?,” “Us” or “We”), You (“You”, “Customer”, “End User”), acknowledge that you have read, understand, and agree to be bound by all the Terms and Conditions set forth in this Agreement, including the Terms and Conditions and the Privacy Policy, even if you do not make a purchase and or use the Services available through WhatGivesDeals.com. The term “You” refers to the person accessing or using the site and our services, or the company or organization on whose behalf that person accesses the site or our services.

Changes to the Terms and Conditions. What Gives? reserves the right to make any modification to our Terms of Use as we deem necessary or desirable without prior notification to you. We suggest, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and you continue to use our Website, including, but not limited to, by logging into your account or purchasing the right to access a promotional certificate or travel deal, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon What Gives? posting thereof.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE.
Conditional Use of Our Site and Services (Terms of Use)
Your permission to use WhatGivesDeals.com is conditioned upon your agreement that you:

  • are 13 years of age or older, but are 18 years of age or older to purchase any Deal;
  • will comply with these Terms of Use;
  • will not copy or distribute any part of WhatGivesDeals.com in any medium without WhatGivesDeals.com's prior written authorization;
  • will provide accurate information when creating an account or registering for our Services;
  • are solely responsible for your User ID and the activity that occurs while signed in to or while using WhatGivesDeals.com using your User ID;
  • will not use WhatGivesDeals.com to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
  • will not use the communication systems provided by or contacts made on WhatGivesDeals.com for any commercial solicitation purposes;
  • are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content; and will not submit Content that is copyrighted, or subject to third party proprietary rights, including privacy, publicity, trade secrets, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to WhatGivesDeals.com.
  • represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize What Gives? Inc. to use any and all Content submitted by you to WhatGivesDeals.com in accordance with the licenses granted in this Agreement.

TERMS OF SALE

This is a review of WhatGivesDeals.com's terms, conditions and privacy policy that are incorporated into this Agreement. For our complete Terms and Conditions, please read below under “WhatGivesDeals.com’s Terms and Conditions.” For our complete Privacy Policy, please visit and read WhatGivesDeals.com’s Privacy Policy here.

  • Your privacy is important to us and we want to protect it. We will not share your personal information with anyone other than those listed in our Privacy Policy. Please see our Privacy Policy for details.
  • As a condition of account registration and sign-in, WhatGivesDeals.com requires you give them permission to send you administrative and promotional emails. We may send you information regarding your account activity and purchases as well as updates about our products, services, and promotional offers. You can opt-out of our promotional emails anytime by logging in to your account on WhatGivesDeals.com or by hitting the unsubscribe button at the bottom of any of our email correspondence. Please see our Privacy Policy for details.
  • You are required to create an account in order to purchase any Coupon Deal, to redeem a gift from the Website or to participate in the “Benefit Your Community" program”. This is required so we can provide you with easy access to print and access your coupon orders, view your past purchases and/or gifts, view your referrals, and/or modify your preferences. Creation of an account requires providing a valid email address and zip code.
  • You can become a member to purchase Deals and make Travel Reservations. Becoming a member requires your full name, valid email address, state of residency, and choice of registered organization from our site that you would like to raise money for from your purcahses.
  • For more information about the benefits of creating an account and/or becoming a member, visit here.
  • The WhatGivesDeals Voucher you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not What Gives? Inc, nor the site:whatgivesdeals.com is the seller of the goods and services, is fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its product and services, as well as for any unclaimed property liability arising from unredeemed on partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your own discretion. What Gives? Inc makes no warranty to the WhatGivesDeals.com End Users (Customer) for the safety, quality, use, or any other feature of the product or service for which the Voucher is redeemed. Some services may involve activities that could potentially cause bodily harm (such as hot air balloon ride, cart racing, indoor skydiving, etc), and for those activities, What Gives? Inc., WhatGivesDeals.com takes no responsibility for the service or activity being offered, and the End User (Customer) takes responsibility for his or her own actions in utilizing the services for which the What Gives? Voucher can be redeemed. WhatGivesDeals.com sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
  • WhatGivesDeals.com takes no responsibility for the Merchants services or products for which the What Gives Voucher may be redeemed – WhatGivesDeals.com markets the deals and acts as a driving force in selling Vouchers on behalf of the Merchants. The Merchant is the issuer of the Voucher and as issuer of the Voucher; the Merchant shall be fully responsible as per the Merchants Terms and Conditions. See Section 9, below, for more information on this limitation of WhatGivesDeals.com's liability.
  • By placing an Order, you make an agreement to us to buy the products and services you have selected based on the restrictions of WhatGivesDeals.com and the Merchant on the Terms and Conditions set forth herein.
  • Deal Specific Terms each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to buy the specified Deal. Deal specific terms take the place of any conflicting terms in this Agreement, except to the extent such terms are prohibited by law.
  • Overall Terms Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers
  • NO CASH VALUE for any Voucher
  • NO CASH BACK or Credit will be issued for partial redemption of the paid portion of a Voucher, except as required by law.
  • Unless otherwise stated, Vouchers are not valid for value added or use taxes, tips, merchandise or prior balances, which may be charged to you separately by the Merchant at the time you, redeem the Voucher.
  • WhatGivesDeals.com Vouchers cannot be combined with any other promotions, certificates, third party certificates, or any other coupons, unless otherwise noted in the Voucher.
  • use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or local law), unless otherwise noted on the Voucher,
  • neither WhatGivesDeals.com nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers,
  • duplicate use, sale or trade of a Voucher is prohibited, except as required by law,
    If you have any questions about these terms, please contact WhatGivesDeals.com @ info@whatgivesdeals.com
    To read the complete WhatGivesDeals.com Terms and Conditions, please see below.

IMPORTANT: ALL USERS MUST READ THIS SECTION

WEB SITE USER AGREEMENT
Welcome to What Gives?! This User Agreement sets forth the "terms and conditions" which govern your use of our Web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions, which may be updated from time to time without notice to you. By using this site, you acknowledge your agreement to these terms and conditions. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.

1. COPYRIGHT AND TRADEMARKS. What Gives? is the Trademark of Maven Marketing, Inc., A Nevada Corporation. The contents of this site, including text, graphics, images, logos, icons, software, and other content (collectively, "Web Site Content") are protected under United States and foreign copyright, trademark, and other proprietary laws. The compilation (meaning the collection, arrangement, and assembly) of all Web Site Content is also protected under United States and foreign copyright, trademark and other proprietary laws. Unauthorized use of the Web Site Content may violate such laws. All Web Site Content is the property of What Gives?, its content suppliers or its affiliates and partners. Except as set forth in paragraph 2 below, nothing contained in this site should be construed as granting any license or other right to use any such Web Site Content without the written permission of What Gives? or such other third party that may own the rights to such Web Site Content. You may download and print one (1) copy of the Web Site Content onto a single computer for personal, non-commercial use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or printing. Except as specifically noted above, you may not reproduce, transmit, publish, distribute, display, modify, create derivative works from, sell or participate in any sale, or exploit in any way, in whole or in part, any of the Web Site Contents or the site.
Copyright Notice
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. What Gives? designated Copyright Agent to receive notifications of claimed infringement can be reached at info@WhatGivesDeals.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
2. LIMITED LICENSE. By this User Agreement, and subject to the terms and conditions of this User Agreement, you are granted a limited, non-exclusive and non-transferable license to the extent necessary and required to use the software and documentation necessary to access, explore and otherwise use this Web site.
3. USE OF SITE. You are free to use our site for information purposes as set forth above. You may only use our site to legitimately purchase products and/or make travel reservations if you are of sufficient legal age and can enter into binding contracts. You may not use our site: to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand; to purchase any product you cannot or do not intend to pay for; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate any law; to transmit any virus, bug or other harmful item; in any manner that infringes the rights of others or violates their privacy or publicity rights; in violation of any copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right; in any manner that is designed to interfere with the proper working of this site or any activity being conducted on this site; in any manner that imposes an unreasonable or disproportionately large load on this site's infrastructure; in connection with the use of any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our site other than the search engine and search agents available from What Gives? and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). You may not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this site. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
4. AGE AND RESPONSIBILITY. You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Terms of Use, above, you affirm that you are, in any case, 13 years of age or older. If you are not, you must please cease use of What Gives?.
You are responsible for maintaining the confidentiality of your account information, your password, and your login information. You agree to accept responsibility for all activities that occur under your account or password. 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 and those using your login information.
5. MONITORING AND PRIVACY. What Gives? shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms, forums, surveys, posts, comments, etc. that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by What Gives?, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, What Gives? shall have the right to remove any material that What Gives?, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6. LICENSE GRANT. By posting communications on or through this Website, End User shall be deemed to have granted to What Gives? a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.
End User acknowledges that all discussion for ratings, comments, bulletin board service, and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. What Gives? does not control or endorse the content, messages, or information found in any Community, and, therefore, What Gives? specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User publicly posts to What Gives? (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by What Gives? as confidential, that fact will be stated on those pages. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant What Gives? and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. What Gives? takes no responsibility and assumes no liability for any content posted or submitted by you. For more information regarding privacy, please read What Gives? Privacy Policy.
7. MEDICAL DISCLAIMER. WHAT GIVES? INC - WHAT GIVES? IS NOT A MEDICAL REFERRAL SERVICE, AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL OR WELLNESS TREATMENT OF ANY KIND. WHAT GIVES? DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL OR WELLNESS TREATMENT FOR ANY MEDICAL CONDITION. NEITHER THIS WEB SITE NOR ANY OF THE INFORMATION CONTAINED HEREIN IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, A SUBSTITUTE FOR PROFESSIONAL HEALTH OR MEDICAL ADVICE. WHAT GIVES?(INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE ON THE WEB SITE OR THE INFORMATION CONTAINED HEREIN AS A MEDICAL REFERENCE SOURCE, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER, PARTNER OR AFFILIATE FEATURED ON THIS WEB SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE THEREOF. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQUIRE MEDICAL ATTENTION, WHAT GIVES? ADVISES YOU TO SEEK APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSION BEFORE EMBARKING ON ANY NEW TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM.
8. EXCLUSION OF WARRANTY. WHAT GIVES? INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WHAT GIVES? DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR FREE. THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. WHAT GIVES? AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER WHAT GIVES? NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM WHAT GIVES? OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY. WHAT GIVES? (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL WHAT GIVES? INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND REPRESENTATIVES) OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY WHAT GIVES? OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL WHAT GIVES? BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWERS FAILURES, STRIKES, LABOR DISPUTES, ROTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACTS OF TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.
If, notwithstanding the foregoing, What Gives? or any third party provider, partner or affiliate should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of What Gives? and the third party providers, partners and affiliates shall in no event exceed [one hundred dollars (U.S. $100.00)]. In its sole discretion, in addition to any other rights or remedies available to What Gives? and without any liability whatsoever, What Gives? at any time and without notice may terminate or restrict your access to any component of this site. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of What Gives? and any third party providers, partners and affiliates, and their officers, directors, employees, representatives and agents in such circumstances for liabilities that otherwise would have been limited shall not exceed [two hundred fifty dollars (U.S. $250.00)].
10. INDEMNIFICATION. You agree to and shall defend and indemnify and hold What Gives? and any third party providers, partners and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of, relating to, or arising from your use of this site, the use of your account by and other person or persons, or your breach of these terms and conditions.
11. THIRD PARTY RIGHTS. The provisions of paragraphs 7 (medical disclaimer), 8 (exclusion of warranty), 9 (limitation of liability) and 10 (indemnification) are for the benefit of What Gives? and its officers, directors, employees, agents, representatives, affiliates, third party providers and partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. LINKS TO THIRD PARTY SITES AND THIRD PARTY CONTENT. This site may contain links to other Web sites that are provided solely as a convenience to you and not as an endorsement by What Gives? of the contents of such other Web sites. What Gives?, similar to an Internet Service Provider, is a distributor (and not a publisher of content supplied by third parties and Users. Accordingly, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of What Gives?. What Gives? cannot and do not assume the responsibility for the content of linked Web sites and do not make any representations concerning the accurateness or content of the materials on such linked Web sites. If you decide to access linked Web sites, you do so at your own risk. By using What Gives? you expressly relieve us from any and all liability arising from your use of any third party site.
13. RELATIONSHIP. The relationship between What Gives? and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
14. GOVERNING LAW. These terms and conditions and their performance shall be governed by the laws of the state of Nevada, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in Clark county, the state of Nevada, United States of America, in all questions and controversies arising out of your use of this site and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
15. ATTORNEY'S FEES. If What Gives? Inc. - What Gives? or its third party providers, partners or affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
16. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to What Gives? as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that What Gives? shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by What Gives? in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
17. TERMINATION. What Gives? may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. What Gives? shall have the right to immediately terminate any accounts or passwords of User in the event of any conduct, by User in which What Gives?, in its sole discretion, considers to be unacceptable. Such termination shall not affect any right to relief to which What Gives? and its third party providers, partners and affiliates may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to What Gives? and its third party providers, partners or affiliates, as applicable.
18. ASSIGNMENT. You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder.
19. MODIFICATION. What Gives? may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
20. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
21. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
22. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
23. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
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