PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES PROVIDED BY MYSHOPFIND. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION.
If you do not agree to the Terms of Service, you must immediately terminate use of the Services. The Services are available only to individuals who can enter into legally binding contracts under applicable law. By accessing, browsing or using the Services you represent and warrant that you are able to enter into a legally binding contract under applicable law.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your use of the Services signifies your acceptance of all the terms and conditions posted at the time of your use. You will be responsible for regularly reviewing the Terms of Service posted to the Services so you are aware of any changes, as they are binding on you. No revisions to these Terms of Service, including dispute resolution provision set forth below, shall apply to a controversy or claim of which a party had actual notice on or before the date of any such revision.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all, or any part, of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or the Site, or to the entire Services or Site, from users. We also reserve the right to deny access to any person who violates these Terms of Service. We may update the content on the Services or Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Service and comply with them.
Registration and Security
To access the Services, or some of the resources they offer, you may be asked to register or subscribe and provide certain information about yourself, which may include creating login credentials by providing an email address to us and selecting a username and password. You agree to provide us true, correct, current and complete information at the time of registration, and to also update this information so that it remains true, current and complete. Any sign-in and registration information you provide to us or we receive from a third party (for e.g., Facebook, Amazon, Google, etc.) is our information to use as we see fit.
Each login is for a single user only. You are not allowed to share or disclose your login credentials with any other user or person. You agree to be responsible for maintaining the confidentiality of your username and password. You agree to immediately notify us at firstname.lastname@example.org of any unauthorized access to or use of your username or password, any breach of security or breach of these Terms of Service. You also agree to ensure that you exit from your account and/or internet browser at the end of each session. We may cancel or suspend your access to the Services if you share your credentials with anyone other than us.
You will be responsible for all usage and activity on your account, including use of the account by any third party allowed by you to use your login credentials (although such use is not permitted by these Terms), and for all charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms of Service.
You must be 13 years or older and a current resident of the United States of America to use the Services.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Unless otherwise expressly stated in these Terms of Service or you receive MyShopFind’s prior written consent, you may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit MyShopFind Content, except as follows:
- Your computer may temporarily store copies of such MyShopFind in RAM incidental to your accessing and viewing it.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of MyShopFind Content for your own personal, non-commercial use, provided you do not remove MyShopFind Marks, and you do not further use, reproduce, publicize or distribute MyShopFind.
- If we provide desktop, mobile, widget or other applications for download, you may download a single copy to each of your personal electronic devices solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
- You may retain SMS messages sent to and from us as a part of an SMS Campaign on your cellular device for your own personal, non-commercial use.
Without limitation, you must not:
- Modify copies of MyShopFind Content.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any of MyShopFind Marks or copyright, trademark or other proprietary rights notices from copies of MyShopFind content.
You must not access or use for any commercial purposes any part of the Site or any Services.
Reliance on Information Posted
MyShopFind Content is made available solely for general information purposes, is generic in nature, is not intended as individual advice and is not financial or legal advice. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on MyShopFind Content by you or any other visitor to the Site or other Services platforms, or by anyone who may be informed of any of its contents. MyShopFind shall not be obligated to correct or update the Services or the MyShopFind Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear in the Services.
Third Party Information; Links from the Services
The Services may contain advertisements. The inclusion of advertisements in the Service does not imply endorsement of the advertised products or services. MyShopFind shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements in the Services .
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site or other platforms used in the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY WEBSITE LINKED TO THE SITE.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL MYSHOPFIND, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, THE SERVICES OR OTHER LINKED WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF SERVICE, THE SITE, THE SERVICES AND/OR MYSHOPFIND CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE AND/OR THE SERVICES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT MYSHOPFIND HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOUR OR ANY OTHER PARTY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless MyShopFind, if applicable, its parent, subsidiaries, affiliates, licensors and service providers, and its and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your User Contribution, violation of these Terms of Service or your use of the Services in any way, including, but not limited to, making a Pitch, any use of the Services other than as expressly authorized in these Terms of Service (including, without limitation, using the Services from outside of the United States or as a resident of any region other than the United States) or your use of any information obtained from the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
By using the Services, you agree that MyShopFind has the right to submit any controversy or claim (a “Dispute”) that either party may have against the other to non-binding mediation before you can initiate any lawsuit. If MyShopFind chooses to submit a Dispute to mediation, the parties shall equally share in paying for the costs of the mediator, but the parties agree to pay their own attorney fees and costs prior to and at the mediation.
If mediation is unsuccessful, or if MyShopFind chooses not to mediate, MyShopFind can do any of the following with regard to a Dispute: (i) submit the Dispute to binding arbitration in accordance with the rules of the American Arbitration Association, then in effect; (ii) compel arbitration (if you initiate a legal proceeding); or (iii) file, defend or otherwise participate in a lawsuit regarding the Dispute, without arbitrating. The prevailing party in any arbitration or litigation shall be entitled to recover reasonable attorneys’ fees and costs (except for arbitrator costs).
By using the Services, you affirm, agree, and warrant that any Dispute will be arbitrated or litigated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions.
These Terms of Service and all matters regarding your use of the Services shall be governed by, construed in accordance with, and enforced under the laws of the State of California, without regard to its choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
MyShopFind’s failure to exercise or enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service, together with any revision, any Additional Terms and Conditions, any terms or conditions incorporated by reference, and if applicable any click-through agreement, constitute the sole and entire agreement between you and MyShopFind with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.