Terms Of Use
We welcome you at WishNPick.com, a web site designed to provide you with information on competitive deals on varieties of merchandise over the Internet/Online Storefronts and various Retail Stores. By using WishNPick.com ("this web site") and the contents within the web site, you agree to the terms and conditions contained in this Agreement. These terms and conditions ("Agreement") applies to use of the websites located at any of the following URLs:

http://www.wishnpick.com
http://www.pickurwish.com
http://www.wishandpick.com
http://www.zestydeals.com
http://www.pickyourwish.com

(the above web sites will hereinafter be referred to collectively as "WishNPick.com", "Site", "WishNPick", "we", "us", "our", "this web site" etc. in this Agreement).

The Site is the property of Wish N Pick LLC (wishnpick.com). By using this web site you agree to be legally bound by the terms outlined in this agreement and these terms shall take effect immediately upon your first use of this web site. If you do not agree to be legally bound by any or all of the terms in this agreement, please do not access and/or use this web site.

We encourage you to kindly review our Privacy policy, which also outlines the rules of your visit to this web site, and to identify and be fully aware of our practices.

All the content used in this web site, such as the text, images (files with .bmp, .gif, .jpg, .png extensions or commonly referred to as graphics or photographs), user interfaces (the visual representation that displays and/or collects information to/from the user, you), any trade signs (trademarks, logos, artwork), and any other content on this web site (collectively referred to as "Content" from hereon), including but not limited to the choices, representation, design, and organization of such Content on this web site is either the property of WishNPick.com or the associated merchants/content providers with which WishNPick.com is an affiliate or a partner, and is protected by United States and International copyright laws, and other intellectual property rights laws. None of the content in this web site may be reproduced, displayed, published or transmitted in any form or fashion to any other computers or electronic devices such as mobile phones or PDAs without the express written consent of WishNPick.com or its principals/founders. WishNPick expressly disclaims any and all liability or responsibility for uses by you of any Content taken from or in connection with this web site.

All the trademarks and registered trademarks mentioned or displayed on this web site are properties of their respective owners. You may not use any WishNPick.com logo or any other proprietary information as part of the links on this web site without express written consent from WishNPick and/or the respective owners of the proprietary information. You may not indulge in the use of such information that in any manner may disparage or discredit WishNPick and/or its content providers.

We grant you a limited license to access and use this web site, but you may not download, cache, modify or reproduce the information or any part of the information that you find on this web site in any form or fashion without the express consent from us. The license to access and use this web site does not include any resale or commercial use of this web site or the content within or any part of it; or any use of search engines, robots, data gathering or mining or extraction tools or utilities. Any use of terms or meta tags or any hidden text referring to WishNPick to divert or redirect web traffic to any other web site will be considered as violation of this license and shall be considered unauthorized use of this license to use WishNPick.com and such an action will automatically terminate the license granted for the use of WishNPick.com.

WishNPick does not guarantee the accuracy and/or the completeness of the information contained within this web site. Information provided on WishNPick is purely based on "as is" and "as available" basis and WishNPick makes no representations or warranties, express or otherwise, with respect to the operations of this web site or the information contained within, including but not limited to the content, materials, products or the price displayed. You agree to use this site at your own risk. While WishNPick makes a reasonable effort to ensure that information presented on this web site is correct and accurate, we cannot be held liable or responsible for the change of information in the external web sites that we provide links to, including but not limited to pricing, availability, rebates, claims, suitability or features of the listed products, services or related information. WishNPick provides external links to other web sites and content, products and services of third parties, including but not limited to the merchant associates, partners or affiliates with who/which our connection is limited to redirection using a web link/hyperlink ("Third Party Websites"). WishNPick expressly disclaims responsibility on account of unavailability or inaccuracy of content provided on the linked Third Party Websites or vice versa. WishNPick also expressly disclaims any responsibility for any loss or damage of any sort that you may incur from dealing with the Third Party Websites. WishNPick also disclaims any responsibility for the terms involved in dealing with Third Party Websites. Your participation with the Third Party Websites, in terms of any Payments, Quality or the Delivery of goods thereof will be purely governed by the terms and conditions put forth by the Third Party Websites and WishNPick shall assume no liability for any part of such dealings.

WishNPick provides no warranty that the functions contained in this web site content will be uninterrupted, error free, or that the WishNPick.com or the server that makes it available are free of viruses or bugs.

In the event of a dispute between you and the Third Party Websites involving this web site or the information in this web site in any way, you agree to waive and release WishNPick from any and all claims, demands, damages (incidental, actual or consequential), actions, losses, costs and expenses of any kind and nature, known and unknown, disclosed and undisclosed relating to the dispute.

WishNPick shall not be held liable, whether in contract, tort (including but not limited to negligence) or otherwise, for any incidental, direct, indirect, special, punitive, consequential or other damages (including but not limited to lost savings, profits, business interruption, loss of business information, or other pecuniary loss).

You consent to receive communications from us electronically via e-mail, when you opt to subscribe to our e-mail subscription lists. You also agree to allow WishNPick to store your name and email address when you do so. While communicating with us electronically via e-mail, you agree that all agreements, notices, disclosures and any other communications that we provide using such a medium satisfy any and all legal requirements that such communications be in writing. We reserve the right (not the obligation) to refuse or remove any information that you send via e-mail or any other means to WishNPick, its webmaster, agents, employees or within a Forum (including, without limitation, surveys, feedback, queries, comments, etc.). Such information shall be considered property of WishNPick and you agree to grant WishNPick a global, worldwide, royalty free, non-exclusive license to use, reproduce, copy, modify, transmit, adapt, publish, reformat, translate, derive from, distribute, display such information without any limitation, including but not limited to your name. You also agree to sublicense such rights to WishNPick’s affiliates, subsidiaries and partners. However, any personally identifiable information, besides your name or e-mail will be treated in accordance with WishNPick’s Privacy Policy. WishNPick takes reasonable steps to protect and safeguard and prevent unauthorized access to your personal information. However, we cannot assume responsibility for those who gain unauthorized access to your personal or private information, and we do not guarantee in any manner, express, implied or otherwise, that we will be able to prevent such unauthorized intruders. WishNPick, its subsidiaries or affiliates shall not be held liable in such cases for any damages (direct, indirect, consequential, incidental, punitive, pecuniary, special or otherwise) arising out of or in any manner related to such unauthorized access to your personal information, regardless of whether such damages are based on liability (strict or otherwise), Contract, Tort (including negligence or otherwise) and also regardless of whether WishNPick was intimated of actual or constructive notice that damages were likely.
If you choose to receive e-mails by subscribing to or by providing your e-mail address to the Third Party Websites, and the information that you choose to provide them will be governed by their privacy policy and terms and conditions.

You agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern the Conditions of use of this web site and any dispute that arises between you and WishNPick or its affiliates as a result of using this web site.

You agree to indemnify and hold harmless WishNPick.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this agreement, or your violation of any law, regulation or third-party right.

No delay or failure to take action under this agreement shall constitute any waiver by WishNPick.com of any provision of this agreement. If any provision of this agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this agreement will continue in full force and effect. This agreement will bind and inure to the benefit of WishNPick.com's permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) months after the cause of action arises. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. WishNPick.com may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the relevant Usage Rules) constitutes the complete and exclusive agreement between WishNPick.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

WishNPick.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Terms of Use and any such modifications, WishNPick.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

By using this web site, you acknowledge that you have read and understood this Agreement; and that this Agreement has the same force and effect as a signed agreement.

CONTACT INFORMATION
If you have any questions regarding this Agreement or the Site, please contact WishNPick by mailing us at webmaster@wishnpick.com.