Terms of Use

This Terms of Use (“TOU”) governs the use by any user of any kind of the Sites, including any third party associated in any way to the Sites, including businesses, services, people, advertisers/vendors of or on the Sites (“you” or “your” or “user”) of the Gundaloo network of websites, including gundaloo.com (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Gundaloo; all apps published by Gundaloo; and all other interactive features, products, materials, software, services, and communications provided by Gundaloo (“Sites”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Gundaloo, Inc. (collectively “Gundaloo” or “we”, “us”, or “our”). In addition to the Content on the Sites, the Sites provide you with various opportunities to submit content and participate in various shopping and community services (“Services”).

BY USING OUR SITES AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES AND ANY AFFILIATE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Sites, you agree to such terms and conditions.
This is a legal agreement between you and Gundaloo that states the material terms and conditions that govern your use of the Sites. This agreement, together with all updates, supplements, additional terms, and all of Gundaloo’s rules and policies collectively constitute this “Agreement” between you and Gundaloo. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEB SITE.

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Site Access License:

Gundaloo grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Sites or their content and not to modify all or any portion of the Sites and their content. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Gundaloo’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Gundaloo, its content providers or its affiliates without express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You will not use the Sites where you have any conflict of interest. You will not use the Sites, if you have been offered any incentives/coercion of any kind from any business/entity. If the User Content is related to a business or product, you agree that you are an actual customer of that business and have a paid receipt (additional proof) and, if requested, will email a copy of that receipt to us within twenty-four hours. You cannot buy, directly or indirectly, “gold hearts” for your own business/entity or make negative comments/negative User Content for a competitor of your business/entity. Any User Content or purchases with any conflict of interest may be deemed inappropriate at the sole discretion of Gundaloo.

Except for material in the public domain under United States copyright law, all content included in or made available through the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is protected by United States and foreign copyright laws and is the property of Gundaloo or its content suppliers. The compilation of all content included in or made available through any Gundaloo product, service, software, content or materials is the exclusive property of Gundaloo and protected by United States and foreign copyright laws. Except as described above, You may not, in whole or in part: (a) copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, modify, rewrite, create derivative works from, transfer or sell any material contained on the Sites or use it in any way that has any potential to create confusion among users or in any way that disparages Gundaloo; or (b) reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, or retransmit the Sites in any form or by any means. Nothing in this TOU shall give you the right or license to use any trademarks or patents used in connection with the Sites including without limitation “Gundaloo.com,” and any marks of Gundaloo’s providers and suppliers. You as a user or as a third party associated in any way to the Sites agree that U.S. Patent 7,231,353 applies to the Sites and any and all of its features and services that are related to the website and any related media and you fully agree to help us in every way possible to defend our patent and intellectual property rights and immediately report to us any potential infringement of our intellectual property rights. The patent also applies to any and all of the webpages included in the website and any related website. Any attempt to infringe on the patented business ideas and methods of this website, including recreating analogous websites based on this website as determined by a user’s access of Gundaloo will be legally pursued to the fullest extent of the law. The patent marking is conspicuously displayed on the website and infringement attempts will be viewed as violations of this TOU.

Content Provided by User:

The Site permits you to provide content to the Sites (“User Content”), which may include without limitation, opinions about products, services, people, business entities, and/or vendors. You will retain ownership rights to your User Content. By providing User Content to the Sites, you grant to Gundaloo a worldwide, transferable, nonexclusive, royalty free, perpetual, unrestricted, sublicensable and irrevocable license to use and display, in whole or in part, your User Content and your name, voice, and/or likeness as contained in your User Content in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof. Any such User Content is deemed non-confidential and Gundaloo shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Content. You hereby represent and warrant to Gundaloo that your User Content is not defamatory, libelous, or otherwise inappropriate and does not infringe a trademark, copyright, patent or misappropriate a trade secret or otherwise violate any right of any third party. Nothing in this TOU shall obligate Gundaloo to use or display, in whole or in part, your User Content.

Idea Submissions:

When users submit ideas and suggestions for products and services to the Sites either independently of, or in conjunction with, our internally developed concepts, any such ideas or suggestions submitted will be owned by Gundaloo and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Gundaloo. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be considered and treated as User Content and subject to the license granted above.

User Published Content:

User published Content does not represent the views of Gundaloo or any individual associated with Gundaloo, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Gundaloo’s endorsement of user published Content. Gundaloo does not vouch for the accuracy or credibility of any user published Content on our Sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Sites. Through your use of the Sites and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Sites, you assume all associated risks. You further understand and acknowledge that Section 47 U.S.C. Section 230 protects the Sites from tort liability for third party content published on or through the Sites or other tort liability associated with third party use of the Sites.

Account Registration and Security:

You understand that you may need to create an account to have access to all of the parts of the Sites. In consideration of your use of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gundaloo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gundaloo has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. The Sites may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third party services are unrelated to the Sites, and your use of such third party services is subject to the terms and policies of those services.

Advertising Rights:

Gundaloo reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Gundaloo and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Gundaloo to sell, license or offer to sell or license any advertising, promotion or distribution rights.

Third Party Links:

From time to time, the Sites may contain links to web sites that are not owned, operated or controlled by Gundaloo or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Sites, you do so entirely at your own risk.

Transactional Partners:

In some cases we partner with another company to co-promote their services within our Sites. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by Gundaloo terms of service. When there is a conflict between these terms of service and the partner’s terms of service, these terms of service will prevail.

Inappropriate Material:

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Sites or the Sites or through Voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or the rules in our commenting sections linked to here, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Sites at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Fees:

All monetary transactions, including credit card transactions, are non-refundable, including those related to inappropriate or deleted User Content. For all charges for any products and services sold on the Sites, Gundaloo or its vendors or agents will bill your bank card or alternative payment method offered by Gundaloo. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Gundaloo and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites.

Charitable Donations:

For qualifying purchases, the Sites will donate a percentage of purchases to Susan G. Komen for the Cure, Second Harvest, and other charitable causes/non-profits either in aggregate or in an individual category/section of purchases, at the end of each calendar year, at the sole discretion of Gundaloo.

Access and Interference:

You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.

Right to Take down Content:

Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user’s e-mail unless required in the course of normal maintenance of the Sites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Gundaloo or the Sites; (2) protect and defend the rights or property of Gundaloo, the Sites, or the users of the Sites; or (3) act in an emergency to protect the personal safety of our guests, the Sites, or the public. Users shall remain solely responsible for the content of their messages and Gundaloo shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Sites.

Representations and Warranties:

You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Sites and Services is and will be in compliance with all applicable laws. Furthermore, You shall be solely responsible for your own User Contents and the consequences of posting or publishing them. In connection with User Contents, you affirm, represent and warrant the following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secrets, and all rights, to grant the license described above; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Content to use such person’s name, image, or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of this agreement; (iv) You are not acting on behalf of, or as a representative of, any other party in connection with the User Content and the User Content does not otherwise suggest a conflict of interest; (v) the User Content and Gundaloo use thereof as contemplated by this Agreement and Gundaloo website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vi) You are not, nor is any other person who appears in your User Content, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (vii) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Content: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (viii) The User Content does not contain: (a) material falsehoods or misrepresentations that could harm Gundaloo or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

DISCLAIMER OF WARRANTIES:

YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE SITES AND GUNDALOO SERVICES, PRODUCTS, SOFTWARE, CONTENT, MATERIALS AND ANY THIRD PARTY LISTED ON OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GUNDALOO.COM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SITES AND GUNDALOO SERVICES, PRODUCTS, SOFTWARE, CONTENT, MATERIALS AND ANY THIRD PARTY LISTED ON OUR SITES AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GUNDALOO DOES NOT REPRESENT, WARRANT OR GUARANTY THAT THE SITES WILL WORK PROPERLY OR BE AVAILABLE CONTINUOUSLY OR THAT THE SITES OR ELECTRONIC COMMUNICATIONS FROM GUNDALOO ARE OFFERED OR PROVIDED FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

THE USER AGREES THAT IN NO EVENT SHALL GUNDALOO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING THE FOREGOING, LOSSES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITES INCLUDING ANY NEGATIVE INTERACTIONS WITH ANY THIRD PARTY LISTED ON OUR SITES, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF GUNDALOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGES ARISING UNDER THE THIS TOU OR THE USE OF THE SITES THAT GUNDALOO IS REQUIRED TO PAY FOR ANY PURPOSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO A MAXIMUM AGGREGATE LIABILITY EQUAL TO THE AMOUNT YOU SPENT ON THE SITES IN THE TRANSACTION IN ISSUE ONLY OR $50, WHICHEVER IS LESS.

Indemnification:

You agree to indemnify and hold harmless Gundaloo and its officers, directors, employees, consultants, agents and anyone providing information or software used on the Sites from any and all claims resulting from (a) a breach of your representations and/or warranties under the section entitled Content Provided By User, (b) any other breach of this agreement, (c) your access or use of the Sites; and (d) any use or misuse of your content or negative interactions with any third party, including but not limited to, businesses, services, products, people, or advertisements listed on our Sites.

Release:

In the event that you have a dispute with one or more users of the Sites, you release Gundaloo (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Term and Termination:

You or we may suspend or terminate your account or your use of these Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Sites in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

DISPUTE RESOLUTION AND ARBITRATION

In the event you have a dispute with Gundaloo, you must submit your dispute to Gundaloo via e-mail to our customer service department with the terms “Dispute Resolution” in the subject line of the e-mail. You must then give Gundaloo 120 days to investigate and/or resolve the dispute. Only if the dispute has not been resolved after such 120 day period may you file a claim for arbitration. Failure to submit an e-mail with the subject line “Dispute Resolution” at least 120 days prior to arbitration will permanently waive and extinguish your claim.

WE EACH AGREE THAT, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OUR SERVICES, PRODUCTS, MATERIALS, OR SOFTWARE, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION AND NOT IN COURT. THIS INCLUDES ANY CLAIMS AGAINST OTHER PARTIES RELATED TO THE SERVICES, PRODUCTS, MATERIALS, OR SOFTWARE PROVIDED OR BILLED TO YOU WHENEVER YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. WE EACH ALSO AGREE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE SO THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY. WE EACH ALSO WAIVE ANY RIGHT TO A JURY TRIAL. YOU SPECIFICALLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, IF APPLICABLE, AND YOU AGREE THAT THE ACTION SHALL BE BROUGHT IN KING COUNTY, WASHINGTON. THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. EACH PARTY WILL BE RESPONSIBLE FOR ITS OWN COSTS IN ARBITRATION. GUNDALOO WILL SEEK ATTORNEYS’ FEES AND ALL COSTS IN ARBITRATION IF THE ARBITRATOR DETERMINES THAT THE CLAIMS ARE FRIVOLOUS.

NOTWITHSTANDING THE FOREGOING, NOTHING SHALL PREVENT OR DELAY GUNDALOO FROM BRINGING SUIT IN COURT TO ENJOIN ANY INFRINGEMENT OR OTHER MISUSE OF OUR INTELLECTUAL PROPERTY OR TO OTHERWISE TO SEEK EQUITABLE RELIEF.

CLASS ACTION WAIVER

YOU AND GUNDALOO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GUNDALOO USERS.

Contests, Sweepstakes and Games:

From time to time Gundaloo may offer contests, sweepstakes and games. Additional terms and conditions may apply to your participation in each contest, sweepstakes or game.

You must be at least 21 years of age and a legal resident of, and located within, one of the fifty United States, or the District of Columbia (excluding Puerto Rico) at time of entry. No purchase is necessary to enter or win. A purchase will not increase your chances of winning. There is no cost to register or enter. Limit is one entry per household per day. No group entries are allowed. To enter, simply send an email to support@gundaloo.com with your name, address, contact phone number and name of contest or sweepstakes you wish to enter. If you create an account on the Sites, this will also serve as your entry. Smaller winning dollar amounts and awards such as dinner for two, discounts, coupons may also be awarded. You and waiters (and any other category of people or businesses identified as such in User Content submitted by website users) may also be entered as entrants in a separate sweepstakes to win up to $1,000 or more. All rules that apply to users of Gundaloo will also apply to entrants who are entered into this sweepstakes. Frequency and interval between prize allocations and entrant eligibility will be at the sole discretion of Gundaloo. One winner will be selected in a random drawing from all valid entries received. More than one winner may be selected prior to or at the end date at the sole discretion of Gundaloo. Winners will be notified by electronic mail or phone and will be required to sign and return and Affidavit of Eligibility and liability release, and where allowed by law, a publicity release. These must be returned to Gundaloo within 5 days after prize notification to claim the award. Failure to do so will result in prize forfeiture and alternate winner(s) may be selected. If the winner is a company or corporation, the affidavit must be signed by an owner or officer of the company or corporation. Prizes are non-exchangeable, non-transferable, and no substitutions are allowed. Odds of winning depend on the number of people who submit valid entries. Except where prohibited, you consent to Gundaloo’s use of your name, likeness, entry, and state of residence for promotional or business purposes in any media without additional payment or consideration. By participating in the Gundaloo website and its sweepstakes for users and entrants, entrants agree to indemnify and hold harmless the Sponsor, their agents, representatives, subsidiaries, affiliates and employees from any injuries, losses, damages, claims, and actions of any kind resulting or arising from participation in the Gundaloo sweepstakes/awards. This indemnification also applies to the acceptance, possession, use or inability to use the prize that may be awarded. Sponsor is not responsible for printing or typographical errors in any Gundaloo related awards. Sponsor (which may also include Gundaloo) is not responsible for stolen, misdirected, lost, damaged, late, incomplete, postage due delays, incomplete transactions, or credit card deposits that are lost, misdirected, entered into the processing system incorrectly, or late. Sponsor is also not responsible for transactions lost for any reason including user error, Gundaloo’s error or malfunction in any computer, telephone, human, or paper transfer. If in the sponsor’s sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any aspect of the Gundaloo sweepstakes/awards, Gundaloo reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries sponsor believes have been submitted fraudulently in any attempt to alter the Gundaloo sweepstakes/awards. If computer viruses bugs, unauthorized intervention, fraud, technical difficulties, administration failures, security breaches, unfairness, or improper conduct are detected by Gundaloo in its sweepstakes/awards, Gundaloo reserves the right to disqualify any involved entrants suspected or otherwise, and can modify or suspend the sweepstakes/awards program including terminating the sweepstakes/awards. A random drawing to award the prizes using all non-suspect transaction and entrants may be substituted in this case. The start date shall be noon (Eastern Time) on January 1 of each calendar year, and the end date shall be noon (Eastern Time) on December 31 of each year that the sweepstakes/awards are in effect. Gundaloo sweepstakes/awards is open to all legal residents of the U.S who are 21 years or older at time of entry. Employees of Gundaloo, its respected subsidiaries, affiliates, prize suppliers, advertising and promotion agencies, and their immediate families (spouse, children, parents, siblings, and their respective spouses, and individuals living in the same household of such employees) are ineligible. Gundaloo reserves the right to cancel, terminate, modify, or suspend any sweepstakes/awards at any time, in its sole discretion. Void in Colorado, Puerto Rico, and where prohibited or restricted by law. Gundaloo sweepstakes/awards are subject to all applicable federal, state, local laws and regulations. By participating, all users and entrants agree to these official rules and accept decisions of Gundaloo as final in all matters relating to these sweepstakes/awards.

Merchandise and Services:

We reserve the right, but are not obligated, to limit the sales or quantity of our products and services to any person, country, geographic region or jurisdiction. We do not warrant that our products and services will meet all of your expectations or that any errors will be rectified. We do not warrant the color, images, sizes, prices, availability, quality, descriptions, or appearances of any product or services offered on out Sites, and all are subject to change at any time without notice, at our sole discretion. Any offer on our Sites related to a product or service is void where prohibited.

Force Majeure:

Gundaloo shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Privacy:

Data collection and use, including data collection and use of personally identifiable information is governed by Gundaloo’s Privacy Policy which is incorporated into and is a part of this Agreement.

Miscellaneous:

This TOU shall be governed and construed in accordance with the Federal Arbitration Act, and the laws of the State of Washington. You agree that any arbitration action or proceeding in conformance with the terms and conditions herein between you and Gundaloo for any purpose concerning this TOU or the parties’ obligations hereunder shall be brought exclusively in King County, Washington. Any cause of action or claim you may have with respect to the Sites must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. Gundaloo’s failure to insist upon or enforce strict performance of any provision of this TOU shall not be construed as a waiver of any provision or right. If any portion of the TOU is deemed unenforceable, that portion shall be enforced to the extent enforceable and the remaining portions of the TOU shall be given full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU. Gundaloo may assign its rights and duties under this TOU to any party at any time without notice to you.