Terms Of Use
CONDITIONS OF USE
Welcome to mShopper. mShopper and its affiliates provide their services to you subject to the following conditions. If you visit or shop at any mShopper site, you accept these conditions. Please read them carefully. In addition, when you use any current or future mShopper service (e.g., Price-It, Send-It, Buy-It, Auction-It and Gift Certificates), or visit or purchase from any business affiliated with mShopper, known collectively as the "mShopper Network," whether or not included in the mShopper Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to mShopper, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit mShopper or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of mShopper or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of mShopper and protected by U.S. and international copyright laws. All software used on this site is the property of mShopper or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
MSHOPPER. MSHOPPER, MSHOPPER.COM, MSHOPPER CLUB, MSHOPPING, MSHOP, PRICE-IT, SEND-IT, BUY-IT, AUCTION-IT, SHARE-IT, BE-IT, HAVE-IT, TAKE-IT, GIVE-IT, OWN-IT, DO-IT, MSHOPPER AUCTIONS, MSHOPPER.CO.UK, MSHOPPER ANYWHERE, MSHOPPER.CA, MSHOPPER.CO.JP, MSHOPPER.DE, MSHOPPER.FR, MSHOPPER OUTLET, MSHOPPER BARGAINS, MSHOPPER NETWORK and other mShopper graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of mShopper, Inc. or its affiliates in the U.S. and/or other countries. mShopper's trademarks and trade dress may not be used in connection with any product or service that is not mShopper's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits mShopper. All other trademarks not owned by mShopper or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mShopper or its affiliates.
One or more patents apply to this Site and to the features and services accessible via the Site.
LICENSE AND SITE ACCESS
mShopper grants you a limited license to access and make personal use of this site and not to download (other than the mShopper application itself or page caching) or modify it, or any portion of it, except with express written consent of mShopper. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of mShopper. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of mShopper and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing mShopper's name or trademarks without the express written consent of mShopper. Any unauthorized use terminates the permission or license granted by mShopper. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of mShopper so long as the link does not portray mShopper, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any mShopper logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/ cellphone, and you agree to accept responsibility for all activities that occur under your account or password. mShopper does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use mShopper only with involvement of a parent or guardian. mShopper and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. mShopper reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant mShopper and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant mShopper and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify mShopper or its affiliates for all claims resulting from content you supply. mShopper has the right but not the obligation to monitor and edit or remove any activity or content. mShopper takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
mShopper and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide mShopper's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying mShopper and its affiliates that your copyrighted material has been infringed.
mShopper's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent mShopper Legal Department 1007 Pearl Street, Suite 290 Boulder, CO 80302 Tel: 303.800.4777 e-mail: copyright@mshopper.net
RISK OF LOSS
All items purchased from mShopper are made through mShopper vendors. This means that the risk of loss and title for such items rests with the individual vendor from whom your purchase is made. Because mShopper is a venue, in the event that you have a dispute with one or more users of the mShopper Network, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge, mShopper, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of a statute and/or principles of common law applicable as it pertains to the enforcement of the release in this section.
PRODUCT DESCRIPTIONS
mShopper and its affiliates attempt to be as accurate as possible. However, mShopper does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by mShopper itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by mShopper, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by mShopper. Your purchases from third-party sellers using mShopper are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
The mShopper Network is an invitation-only network of merchants. Best efforts are made by mShopper to invite into the mShopper Network only merchants who have highly-regarded reputations for good business practice. However, mShopper does not assume any responsibility or liability for the actions, product, and content of all these merchants and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MSHOPPER ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSHOPPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MSHOPPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MSHOPPER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MSHOPPER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MSHOPPER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting mShopper, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and mShopper or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to mShopper or to products you purchase through mShopper shall be submitted to confidential arbitration in Wilmington, Delaware, except that, to the extent you have in any manner violated or threatened to violate mShopper's intellectual property rights, mShopper may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
mShopper1007 Pearl Street, Suite 290
Boulder, CO 80302
e-mail: info@mshopper.net
OTHER RULES
You may not harvest personal data (including email addresses) from the mShopper Network, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that mShopper has no obligation to monitor your access to or use of the mShopper Network, but has the right to do so for the purpose of operating the mShopper Network, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the mShopper Network or collect information from it.
RELEASE LIABILITY LIMITS
MSHOPPER AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH MSHOPPER AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $150. THE LAWS OF CERTAIN JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INTEGRATION
This Agreement and our Privacy Policy (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.
ASSIGNMENT
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by mShopper, in its sole discretion, to a third party. You may not assign your obligations to another entity.
GENERAL
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the mShopper Network. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by mShopper.
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