Terms of Service
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the MyShoppingHelper web site located at www.myshoppinghelper.com, and all associated sites linked
to it by MyShoppingHelper, its subsidiaries and affiliates, including
sites around the world (collectively, the “Site”). The Site is the property of
MyShoppingHelper, LLC (“MyShoppingHelper”).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT
USE THE SITE.
MyShoppingHelper reserves the right, at its sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any time. It is your
responsibility to check these Terms of Use periodically for changes. 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 these Terms of Use,
MyShoppingHelper grants you a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”),
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Content, contained on the
Site is owned, controlled or licensed by or to MyShoppingHelper, and is
protected by trade secret, trade dress, copyright, patent and trademark laws,
and various other intellectual property rights and unfair competition laws.
Use of other company trademarks, trade names, product names and logos or images
of the same does not necessarily constitute: (1) an endorsement by such company
of MyShoppingHelper and its products, and (2) an endorsement of the
company or its products by MyShoppingHelper.
You may not use, download or copy any Content unless: (1) you use the content
solely for personal, informational and non-commercial purposes; (2) the MyShoppingHelper trademark and copyright symbol and statement set forth on each
page of this Web site appears on each downloaded or copied page; and (3) no
modifications are made to any content, and (4) you do not make any additional
representations or warranties relating to such documents. The rights granted to
you constitute a license and not a transfer of title. MyShoppingHelper
reserves the right to revoke the authorization to view, download and print the
content available on this site at any time, and any such use shall be
discontinued immediately upon written notice from MyShoppingHelper.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any MyShoppingHelper server, or to any of the services offered on or through the Site,
by hacking, password “mining” or any other illegitimate means. You agree not to
use any device, software or routine to interfere or attempt to interfere with
the proper working of the Site or any transaction being conducted on the Site,
or with any other person’s use of the Site. You may not use the Site or any
Content for any purpose that is unlawful or prohibited by these Terms of Use, or
to solicit the performance of any illegal activity or other activity which
infringes the rights of MyShoppingHelper or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or features of the Site, including contests, promotions or
other similar features, all of which terms are made a part of these Terms of Use
by this reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient legal age to
use or participate in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or the
specific service.
MyShoppingHelper may make changes to any products or services offered on
the Site, or to the applicable prices for any such products or services, at any
time, without notice. The materials on the Site with respect to products and
services may be out of date, and MyShoppingHelper makes no commitment to
update the materials on the Site with respect to such products and services.
Certain features or services offered on or through the Site may require you to
open an account (including setting up an ID and password). You are entirely
responsible for maintaining the confidentiality of the information you hold for
your account, including your password, and for any and all activity that occurs
under your account as a result of your failure to keep this information secure
and confidential. You agree to notify MyShoppingHelper immediately of any
unauthorized use of your account or password, or any other breach of security.
You may be held liable for losses incurred by MyShoppingHelper or any
other user of or visitor to the Site due to someone else using your ID, password
or account as a result of your failing to keep your account information secure
and confidential.
Forum and Community
This Site may offer a public forum feature or service (a “Forum”). You agree not
to post any abusive, obscene, vulgar, slanderous, hateful, threatening,
sexually-orientated or any other material that may violate any laws of the
United States or any country where the Forum is hosted. Doing so may lead
to you being immediately and permanently banned, with notification of your
Internet Service Provider if deemed to be required by MyShoppingHelper.
The IP address of all posts are recorded to aid in enforcing these conditions.
Consent to Use of Data
Should you decide to transmit to this Site by any media any materials or other
information (including, without limitation, ideas, concepts or techniques for
new or improved services and products), whether as information, feedback, data,
questions, comments, suggestions or the like, you agree such submissions are
unrestricted and shall be deemed non-confidential and you automatically grant
MyShoppingHelper and its assigns a non-exclusive, royalty-free,
worldwide, perpetual, irrevocable license, with the right to sublicense, to use,
copy, transmit, distribute, create derivative works of, display and perform the
same. All information collected by Bullsye will be handled consistent with
MyShoppingHelper’s "Privacy Policy" which is posted on the Site.
Privacy
MyShoppingHelper’s Privacy Policy, posted to this Site, applies to use of
this Site, and its terms are made a part of these Terms of Use by this
reference. Additionally, by using the Site, you acknowledge and agree that
Internet transmissions are never completely private or secure. You understand
that any message or information you send to the Site may be read or intercepted
by others, even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
Links to Other Sites and to the MyShoppingHelper Site
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under MyShoppingHelper’s control, and
MyShoppingHelper is not responsible for and does not endorse the content
of such Linked Sites, including any information or materials contained on such
Linked Sites. You will need to make your own independent judgment regarding your
interaction with these Linked Sites.
Disclaimers
MyShoppingHelper DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE
OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
MyShoppingHelper CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
MyShoppingHelper DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. MyShoppingHelper DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED TO YOUR USE OF THE SITE AND/OR ANY MyShoppingHelper SERVICES. YOU
ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR
SOLE REMEDY AGAINST MyShoppingHelper FOR DISSATISFACTION WITH THE SITE OR
ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF
RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
Except where prohibited by law, in no event will MyShoppingHelper be
liable to you for any indirect, consequential, exemplary, incidental or punitive
damages, including lost profits, even if MyShoppingHelper has been
advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, MyShoppingHelper is found to be liable to you for any damage or loss which arises out of
or is in any way connected with your use of the Site or any Content, MyShoppingHelper’s liability shall in no event exceed the greater of (1) the total
of any subscription or similar fees with respect to any service or feature of or
on the Site paid in the six months prior to the date of the initial claim made
against MyShoppingHelper, or (2) US$100.00. Some jurisdictions do not
allow limitations of liability, so the foregoing limitation may not apply to
you.
Indemnity
You agree to indemnify and hold MyShoppingHelper, its officers,
directors, shareholders, predecessors, successors in interest, employees,
agents, subsidiaries and affiliates, harmless from any demands, loss, liability,
claims or expenses (including attorneys’ fees), made against MyShoppingHelper by any third party due to or arising out of or in connection with your
use of the Site.
Violation of These Terms of Use
You agree that MyShoppingHelper may, in its sole discretion and without
prior notice, terminate your access to the Site and/or block your future access
to the Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the Site. You
also agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to
MyShoppingHelper, for which monetary damages would be inadequate, and you
consent to MyShoppingHelper obtaining any injunctive or equitable relief
that MyShoppingHelper deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies MyShoppingHelper may have at law or in equity.
You agree that MyShoppingHelper may, in its sole discretion and without
prior notice, terminate your access to the Site, for cause, which includes (but
is not limited to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the Site,
or (4) unexpected technical issues or problems.
Governing Law, Venue
This Agreement shall be governed by the laws of the State of Oregon, and
exclusive venue for any dispute hereunder or relating hereto shall be in Lane
County, Oregon.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of
such Content, or any product or service offered on the Site, in violation of any
applicable laws or regulations, including without limitation United States
export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced with
a valid provision that best embodies the intent of these Terms of Use, so that
these Terms of Use shall remain in full force and effect. These Terms of Use
constitute the entire agreement between you and MyShoppingHelper with
regard to your use of the Site, and any and all other written or oral agreements
or understandings previously existing between you and MyShoppingHelper
with respect to such use are hereby superseded and cancelled. Other than as
provided in a purchase agreement you enter into with MyShoppingHelper,
MyShoppingHelper will not accept any counter-offers to these Terms of
Use, and all such offers are hereby categorically rejected. MyShoppingHelper’s failure to insist on or enforce strict performance of these Terms of
Use shall not be construed as a waiver by MyShoppingHelper of any
provision or any right it has to enforce these Terms of Use, nor shall any
course of conduct between MyShoppingHelper and you or any other party be
deemed to modify any provision of these Terms of Use. These Terms of Use shall
not be interpreted or construed to confer any rights or remedies on any third
parties.
MyShoppingHelper provides access to MyShoppingHelper international
data and, therefore, may contain references or cross references to MyShoppingHelper products, programs and services that are not announced in your
country. Such reference does not imply that MyShoppingHelper in your
country intends to announce such products, programs or services.
