From time to time, certain users (“Merchants”) of the website located at producthunt.com (the “Site”) of Product Hunt, Inc. (the “Company”, “us” or “we”) may offer you the opportunity to purchase or license goods (“Products”) or services (“Services”) including software and apps. In addition, certain Merchants may pay us to include offers to purchase their Products or Services (“Offers”) in our NewsLetter or to promote their Products or Services on the Site by giving them preferential placement or otherwise by calling attention to their Products or Services, some of which Offers may include discounts or other benefits. By purchasing any Product or Service or participating in other available programs described on the Site or offered through our NewsLetter, you agree to the Terms of Sale specified below which are in addition to the Terms of Service found at www.producthunt.com/TOS.
The Company is merely a forum through which users and Merchants may describe or offer Products or Services. The Company is not the provider of any such Products or Services, nor is it the seller of any such items. In the event that you choose to purchase any Products or Services described on the Site or in our NewsLetter, whether in connection with any Offer or otherwise, you will be contracting directly with the Merchant and all claims you may have regarding pricing, quality, or other issues (including with respect to defects or negligence) are between you and the Merchant. The Company is not the provider of such Products and Services and does not in anyway guarantee any aspect of your transaction. Pricing relating to Products, Services and other available programs on the Site may change at any time in the Company’s or the Merchant’s sole discretion without notice.
Descriptions of the Merchant Offerings and Products on the Site are provided by the Merchant, users or other referenced third parties. The Company does not investigate or vet Merchants or validate any statement about a Merchant or a Product or Service. The Company is not responsible for any claims associated with the description of the Merchant Offerings or Products, even if one or more Company employees may have reviewed the Product, Service or Merchant.
A Merchant may advertise goods, services or experiences on the Site that require Merchant to have an up-to-date regulatory authorization, license, or certification. The Company does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including, without limitation, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing any Product or Service to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products and Services.
The Company is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.
The Company does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors.
The Company is not responsible for processing any refunds under any circumstances. Your sole remedy in the event you have a problem with any good or service is with the relevant Merchant.
The Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not. You waive and release the Company and its shareholders, subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your acceptance of an Offer or the goods, services or experiences a Merchant provides in connection with the Offer or otherwise.
By purchasing, viewing a mobile version, printing, accepting, using or attempting to accept any Offer, you agree specifically to the terms on of the Offer set forth on the Offer Landing page and any additional deal-specific terms advertised in connection with any Offer at the time of purchase (the “fine print” regardless of how labeled), the Terms of Use and these Terms of Sale. These rules apply to all Offers that we make available, unless a particular Offer’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and an Offer’s fine print, the Offer’s fine print will control, provided that in no event will such fine print impose liability on the Company or negate the Limitation of Liability Provisions of the Terms of Use or these Terms of Sale. Any attempt to accept an Offer in violation of the Terms of Use (including, without limitation, the Terms of Sale) will render the Offer void.
The Merchant is solely responsible for the sale and shipment of alcoholic beverages. Any offer that features alcohol will contain information about shipping and other restrictions.
You cannot purchase any products or services through the Site. All purchases of products and services are made directly from the Merchant. Terms and conditions regarding shipping, delivery, and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Charges for delivery and applicable sales taxes will be added at checkout. Merchant is solely responsible for all Merchant Products purchased through the Site.
THE COMPANY WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE ACTS OR OMISSIONS OF THE INDEPENDENT CONTRACTORS OR MERCHANTS’ EMPLOYEES OR AGENTS, OR FOR ANY HARM CAUSED TO YOU OR YOUR PROPERTY BY THEIR ACTS OR OMISSIONS.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS, PRODUCTS, SERVICES, OFFERS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF SALE OR THE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, SERVICE, OFFER OR OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID TO THE COMPANY FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY THE COMPANY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.