PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THE SHOPMIUM WEBSITE OR SMARTPHONE APPLICATION (each, a "Site"). By using or accessing the Sites you confirm that you acknowledge and assent to the terms and conditions of use (the "Terms of Use") set forth herein and the terms and conditions of service (the "Terms of Service") referred to herein. If you do not agree to these Terms of Use, please do not use the Sites. Shopmium may modify these Terms of Use at any time and from time to time by updating this posting, and your use of the Sites after such modification confirms your acceptance of the modified terms. Please check these Terms of Use periodically for modifications. Shopmium may also discontinue the Sites, and the Promotions available on the Sites, at any time upon notice by email or on the Sites, without incurring any liability whatsoever related thereto. In the event of such discontinuance, users will receive Rebates for which Shopmium has delivered Confirmation, pursuant to the time periods set forth in the Terms of Service.
This Sites is owned and operated by Shopmium, Inc., a Delaware corporation ("Shopmium," "our," "we," or "us"). Questions concerning the Sites or the operation thereof should be directed to the contact points set forth at the end of these Terms of Use.
In connection with viewing and using the Sites, you are only permitted to download onto a single computer or smartphone one copy of the materials posted on the Sites for your personal reference and/or informational purposes only. This license does not include permission for (i) any resale or commercial use of the Sites or its contents; (ii) any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or its contents; (iii) any downloading or copying of information for the benefit of another merchant; or (iv) any use of data mining, screen scraping, or similar data-gathering and extraction tools.
Except as otherwise specifically provided elsewhere on the Sites, redistribution, retransmission, republication, or commercial exploitation of the contents of the Sites are expressly prohibited without our written consent. Requests for such consent should be made to Shopmium, Inc., 747 Third Avenue, Second Floor, New York, New York 10017. All rights not expressly granted herein are reserved. The downloading of any information, content, or images from the Sites does not transfer any right or ownership of such items to you, and such information, content, or images may be used solely in accordance with these Terms of Use.
CONTENTS AND HYPERLINKS
This Sites contains hyperlinks to affiliates' or third party's websites which are the sole responsibility of such affiliates or independent third parties, and any and all use thereof is solely at your own risk. We have no control over the content or policies of such websites, and we are not responsible (and under no circumstances shall we be liable) for the contents, accuracy, or reliability of any such websites hyperlinked to the Sites. Those who choose to access information from the Sites (including any such information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. A description or reference to a third party's (including an affiliate's) product, service, information, or publication on the Sites (including any description or reference via hyperlink) does not imply any endorsement whatsoever by Shopmium of that product, service, information, or publication.
Links to the Sites from third party sites are permitted only upon approval from Shopmium. Please contact us at Shopmium, Inc., 747 Third Avenue, Second Floor, New York, New York 10017 to seek such approval.
USER CONTENT
We do not accept or consider any creative ideas, suggestions, or other materials related to products, services, advertising or marketing unless we have specifically requested them. Therefore, please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose or offer to us by or through the Sites, including, without limitation, e-mails to Shopmium or postings on interactive portions of the Sites (collectively, "Disclosures"), shall be freely usable by Shopmium for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. By uploading or otherwise providing any Disclosure to the Sites or to Shopmium, you hereby grant Shopmium and its designees an unlimited, perpetual, transferrable, irrevocable right to reuse, publish, redistribute, modify, and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such uploaded materials have been waived. Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information confidential. You hereby RELEASE Shopmium from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure.
CODE OF ACCEPTABLE CONDUCT
Shopmium does not ordinarily, but reserves the right in its sole discretion, to filter, censor, edit, or otherwise regulate information and content provided by visitors to the Sites and other third parties, and we neither endorse nor are responsible for (and under no circumstances shall we be liable for) the contents, accuracy, or reliability of any such information or contents. All such contents shall be deemed Disclosures and freely usable by Shopmium as provided in these Terms of Use.
When using the Sites, you represent that you have proper right and authorization to use any information or content that you upload or post, and agree to abide by the following code of acceptable conduct:
- You will not upload, post, or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise improper content. Inappropriate and unauthorized inputs and uploads include, without limitation, Trojan horses, worms, time bombs, cancelbots, and other unauthorized computer programming routines.
- You will not upload or post viruses, harmful components, or any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any computer system, the Sites, or its components.
- You will not use the Sites to further any illegal purpose or to violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods or services on the Sites.
Shopmium will assist law enforcement officials investigating illegal activity or violations of these Terms of Use. You hereby agree to indemnify us for any and all claims whatsoever resulting from, related to, or in connection with any content that you supply to us or to the Sites.
NO REPRESENTATIONS OR WARRANTIES FOR WEBSITE
Shopmium makes no representations or warranties that the Sites are free of defects, errors, viruses, or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of the Sites or Shopmium's computer systems. The pages on the Sites may contain technical inaccuracies, outdated information, and typographical errors. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITES, AND YOU AGREE TO HOLD SHOPMIUM HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, FAILURE TO REALIZE SAVINGS, LOSS OF DATA, WORK DELAYS, OR LOSS OF REVENUES OR PROFITS (IN EACH OF THE FOREGOING CASES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) RESULTING FROM USE OF MATERIALS OR CONTENT FROM THE SITES.
EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS." SHOPMIUM DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF ANY INFORMATION OR CONTENT THAT IS MADE AVAILABLE OR OBTAINED BY WAY OF THE SITES. WE DO NOT WARRANT THAT DEFECTS ON THE SITES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSION MAY NOT APPLY.
INDEMNIFICATION FOR ACCOUNT
You are responsible for maintaining the confidentiality of your password and account, if any, and for all activities that occur under your account. Without limitation to any provision set forth in the "Code of Acceptable Conduct" section hereof, you agree to indemnify, defend and hold Shopmium harmless from and against any and all liabilities, damages, and costs (including reasonable attorneys' fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these Terms of Use or in connection with your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our prior express written consent. We reserve the right to assume the defense and control of any matter subject to indemnification by you.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SHOPMIUM, NOR ANY PARTIES PROVIDING CONTENT OR THE PRODUCTS ASSOCIATED WITH THE OFFERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITES OR FROM ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHOPMIUM'S OR ANY PARTIES PROVIDING CONTENT TO THE SITE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASES THE ABOVE LIMITATION MAY NOT APPLY.
JURISDICTION AND CHOICE OF LAW
Shopmium controls and manages the Sites from its facilities in France. Unless otherwise stated, materials and content on the Sites are presented solely for promoting products in the United States of America. Information published on the Sites may contain references to products, programs, and services that are not announced or available in your country or region. We make no representation that such information, products, programs, or services referenced on the Sites are legal, available, or appropriate in your country or region.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law or the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. You and Shopmium irrevocably consent to the non-exclusive jurisdiction of the Federal or state courts located in the City, County, and State of New York in connection with any action arising out of or related to these Terms of Use, or the Sites. You and Shopmium waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
TRADEMARKS AND COPYRIGHTS
The Sites are protected by United States and international law, including copyright and trademark laws. Nothing on the Sites shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Shopmium or any third party, whether by estoppel, implication, or otherwise. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any and all applicable end-user license agreements. All brands and names are the property of their respective owners.
Except as otherwise noted, Shopmium is the owner of all trademarks and service marks on the Sites, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions).
SEVERABILITY
If any provision or any portion of any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then such provision or portion of such provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
PRIVACY
Please see our Privacy Policy for information regarding the collection and use of personal information from the Sites.
TERMS OF SERVICE
Please see our Terms of Service for the terms and conditions of service applicable to any of the promotions, deals, or discounts available through the Sites.
GENERAL
These Terms of Use, together with our Terms of Service and our Privacy Policy, represent the entire understanding relating to the use of the Sites and prevail over any prior or contemporaneous, conflicting or additional communications.
Any unauthorized access, modification, or change of any information, or any interference with the availability of or access to the Sites is strictly prohibited. Shopmium expressly reserves all legal rights and remedies available to it whether in equity or at law, and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Shopmium may have.
Unless otherwise indicated, all material on this site © Copyright 2013 Shopmium, Inc. All rights reserved.
CONTACT INFORMATION:
Shopmium, Inc.
205 East 42nd St.
14th Floor
New York, NY 10017
contact.us@shopmium.com
Welcome to this service (“Service”) operated by Shopmium, Inc., a subsidiary of Quotient Technology Inc and accessible from our websites and mobile applications (collectively, the “Site”). By visiting the Site or using the Service you agree to comply with and be bound by the following Terms of Service and any documents referenced herein. PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM SHOPMIUM OR OTHERWISE USE THE SITE OR THE SERVICE. FAILURE TO USE THE SITE OR SERVICE IN ACCORDANCE WITH THESE TERMS OF SERVICE MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAW.
1. INTRODUCTION
You agree to the terms and conditions outlined in these Terms of Service and any documents referenced herein (collectively the “Agreement”) with respect to the Site and the Service. This Agreement constitutes the entire and only agreement between Shopmium, Inc. (“Shopmium” or “us”) and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Service, Rewards provided by or through the Site or the Service, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of these Terms of Service will be made available under Shopmium “Terms of Service” link on the Site, and you should review these Terms of Service prior to each visit to the Site or use of the Service.
2. REQUIREMENTS TO USE THE SERVICE
- When using the Service, you represent that you are of sufficient age to form legally binding contracts. Our Service is not designed to solicit or collect information of any kind from persons under the age of 13, and we do not knowingly collect any information from persons under the age of 13.
- There is a restriction of one Shopmium account (“User Account”) per person. Shopmium reserves the right to terminate duplicate accounts, resulting in the potential loss of the Reward(s) obtained by or through the Service.
- We require you to provide accurate information when registering for or interacting with the Service. It is your responsibility to ensure that your contact information is correct in your User Account. Failure to do so may result in you not receiving a Reward. Persons found to have fraudulent, misrepresented, or otherwise untruthful information contained in a User Account may have that account terminated and may not be entitled to use the Service in the future.
- By registering for or interacting with the Service you represent that you have read and accepted the terms of the Privacy Policy.
- Shopmium does not warrant, guarantee, or offer any support for the Reward(s) obtained from or through the Service. No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Reward manufacturer, licensor or supplier without our express prior written consent. For the purposes of this Agreement, “Reward” includes without limitation cashback, tangible goods, software, games, electronic books, virtual currency, virtual goods, statement credits, gift cards, services, information, content, rewards, and other items offered or received through the Service.
- Violation of this Agreement may result in the termination of your User Account, and any Reward(s) obtained by means of the Service may be revoked.
3. SHOPMIUM OFFERS
You are eligible to earn Rewards when you make a Qualified Purchase at an eligible store. A “Qualifying Purchase” is a purchase from an eligible store that satisfies the terms associated with a Shopmium Offer and this Agreement. We reserve the right to determine whether any given transaction is a Qualifying Purchase.
The following terms apply to Reward(s):
I. Rewards are intended exclusively for use by the owner of the User Account to which they are applied. Each Reward may be redeemed only once per User Account, unless additional redemptions are explicitly allowed by terms and conditions for a particular Offer.
II. Shopmium reserves the right to request additional information in order to verify the identity of the purchaser or the validity of the proof of purchase (including, without limitation, a receipt, a copy of the purchaser’s driver's license or other identifying document, proof of address, or a copy of the packaging of the product along with barcode).
III. Coupon stacking with rewards is not permitted. Accordingly, reward requests for products purchased using manufacturer coupons and vendor coupons will be denied.
IV. Some rewards are store-specific and require that the product is purchased from a particular store listed in details of the offer. When no retailer restrictions are noted, please purchase the product from a brick-and-mortar store whose computerized receipts provide at least the following information: store name, product details, date and time of purchase. Accordingly, receipts from small delis or markets may not be acceptable. Further, we do not accept receipts from the following stores: Kroger, CVS/ Pharmacy, Publix, Meijer, Harris Teeter, Ralphs, King Soopers, Fry’s, Fred Meyer, Baker's Supermarkets, City Market, Copp’s, Dillons Food Stores, Dillons Marketplace, Fry's Food & Drug, Foods Co., Food 4 Less, Fresh Market, Gerbes Super Markets, GreenWise, Jay C, Kwik Shop, Loaf 'N Jug, Mariano’s, Metro Market, Owen’s, Pay Less Super Markets, Pick 'n Save, Publix Sabor, QFC, Roundy's, Ruler Foods, Scott’s, Smith’s, Smith's Marketplace, Smith's Express, Tom Thumb Food Stores, Turkey Hill Minit Markets.
V. Shopmium enables many modes for receiving the Reward(s) obtained from or through the Service, such as: bank transfer, PayPal (www.paypal.com), donation to one or more of the charities listed on the Site. Shopmium reserves the right to modify the available receiving the Reward(s).
VI. Rewards will generally take place according to the following time schedules: (a) cash back via PayPal – within three (3) business days; and (b) cash back via bank transfer – within seven (7) business days; provided, however, that Shopmium reserves the right to change the foregoing time schedules from time to time without notice. Shopmium reserves the right to correct any errors, inaccuracies, or omissions and to modify or update any information on the Site at any time.
VII. Charitable donations of Rewards are not tax deductible.
VIII. If you return or exchange any products after receiving a Reward therefor, you must notify Shopmium via email at contact.us@shopmium.com within twenty-four (24) hours after the return or exchange. In such an event, Shopmium shall apply the value of the relevant Reward on your User Account against future Promotions.
IX. In the event that Shopmium discovers a return or exchange of which it was not notified, Shopmium may, in its sole discretion, either (a) request a return of the value of the relevant Reward, (b) apply the value of the relevant Reward on your User Account against future Promotions, or (c) terminate the User Account.
4. RIGHT TO TERMINATE YOUR USER ACCOUNT
You may request a termination of your User Account (including the deletion of your personal data held by Shopmium) at any time by emailing Shopmium at contact.us@shopmium.com. Notwithstanding anything to the contrary set forth herein, you will not thereafter be entitled to receive any Rewards whatsoever out of such User Account.
5. COPYRIGHT OWNERSHIP
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and Service are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights). The copying, redistribution, use or publication by you of any such matters or any part of the Site or Service, except as allowed under “Limited Right to Use” below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Service. The posting of information or materials on the Site or Service does not constitute a waiver of any right in such information and materials
6. LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site or Service grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).
7. TRADEMARK INFORMATION
Shopmium and the Shopmium logo are trademarks of Shopmium. All other trademarks appearing on the Site or Service are the property of their respective owners.
8. COPYRIGHT INFRINGEMENT
If you believe that, either on the Site or through the Service, your work has been copied in a way that constitutes copyright infringement please provide Shopmium’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Shopmium that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site or Service;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Shopmium’s Copyright Agent for notice of claims of copyright infringement on its Service or the Site can be reached as follows:
Quotient Technology Inc.
Attn: Copyright Agent
400 Logue Avenue
Mountain View, CA 94043
e-mail: notice@quotient.com
9. OTHER INTELLECTUAL PROPERTY CLAIMS
If you believe that any of your intellectual property rights other than copyright (including but not limited to trademark, trade secrets or rights of publicity) have been infringed on this Site or through the Service please contact us at notice@quotient.com.
10. EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site or available through the Service.
11. INDEMNIFICATION
You agree to indemnify, defend and hold Shopmium, Quotient, Offer Partners, Merchants, Payment Service Providers, Third Party Service Providers and their respective directors, officers, shareholders, employees, agents, attorneys, and affiliates (collectively, “Our Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your use of the Site or Service, any Reward obtained or Shopmium Offer completed by means of the Site or Service, or any violation of this Agreement.
12. NONTRANSFERABLE
Your right to use the Site and the Service is not transferable. Any password or right given to you to obtain information or a Reward from the Site or the Service is not transferable.
13. WARRANTY DISCLAIMER
THE REWARDS AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHOPMIUM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY REWARDS AVAILABLE FROM OR THROUGH THE SERVICE, THE SITE, OR THE SITE ITSELF, WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ARE NONINFRINGING, (B) THAT ANY REWARDS, AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE REWARDS. ALL REWARDS PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER.
14. LIMITATION OF LIABILITY
SHOPMIUM AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY REWARD AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, REWARD LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE TOTAL LIABILITY OF SHOPMIUM AND OUR AFFILIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), REWARD LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE PROGRAM FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE LESSER OF THE REDEMPTION VALUE OF THE CARD LINKED OFFER GIVING RISE TO THE CLAIM, IF APPLICABLE, OR TEN DOLLARS ($10.00 U.S.). THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE AND THE SERVICE, AND EACH OF THE SITE AND SERVICE RESPECTIVELY, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
15. LINKS TO OTHER WEBSITES
The Site and Service may now, or hereafter from time to time, contain links to third-party websites. We do not control, investigate, monitor or check such websites and we are not responsible for the content in or opinions expressed at such websites, and we do not investigate, monitor or check the same. The inclusion of a link on the Site does not imply approval or endorsement of the linked website by us. If you decide to leave the Site or Service and access any third-party websites, you do so at your own risk.
16. VISITOR COMMUNICATIONS
Except where expressly provided otherwise by us, all comments, feedback, information, ideas or materials that you submit through or in association with the Site or the Service shall be considered non-confidential. By submitting such comments, feedback, information, ideas, or materials to us: (i) You represent and warrant that Shopmium’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights; (ii) You represent and warrant that you have all rights to enter into this Agreement; (iii) You understand and agree that Shopmium is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iv) You grant Shopmium all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Shopmium to anyone whatsoever. You acknowledge that you are responsible for and bear all risk as to the use or distribution of any comments, feedback, information ideas, or materials. Shopmium expressly prohibits the scraping of email addresses from any Shopmium website (including all areas of this Site – member and non-member) and expressly opts out of receiving commercial electronic mail messages to Shopmium domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software. Visitors to the Site and users of the Service shall not tamper, hack, spoof, copy, or otherwise defraud the Site or Service. You agree that you shall not use any robot, spider, scraper or other automated means to access the Service or the Site for any purpose without our express permission.
17. MISCELLANEOUS
The Site and Service can be accessed from different locations around the world and may contain references to Rewards or Shopmium services and programs that have not been announced or made available where you are located. These references do not imply that Shopmium intends to announce or make available such Rewards, services or programs where you are located. Any cause of action by you with respect to the Service or Site (and/or any Rewards, information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under “Warranty Disclaimer” and “Limitation of Liability” above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
18. DISPUTES
In the event of a dispute we encourage you first to contact Shopmium to resolve your problem directly with us. You may contact Shopmium regarding any complaints or disputes at contact.us@shopmium.com.