Terms & Conditions

All of us at AddShoppers welcomes you to use our products and tools freely but our lawyers insisted you can only as long as you agree to the following terms. Please read over them carefully. By registering and accessing our applications you agree to these terms as if it were signed in person. If you have any questions, please let us know.

Acceptance of Terms

This Agreement contains the complete terms and conditions that apply to your use of AddShoppers.com (Site) and our widgets. If you wish to use the site including its tools and services please read these terms of use carefully. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site.

Modifications of Terms of Use

Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

Use of the Site

The Site allows you to view social sharing analytics and create widgets. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) collecting information about users’ personal information; (c) post false, inaccurate, misleading, defamatory, or libelous content; (d) take any action that may damage the system.

Registration Information

For you to complete the sign-up process in our site, you must provide a valid email address, website URL and any other information needed in order to complete the signup process. You must qualify that you are 13 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of AddShoppers.com’s Privacy Policy.

Term

This Agreement will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by deleting your websites under Settings. You may discontinue use of our widgets by removing our code from your website. We may terminate your membership for any reason at any time. Even after your membership is terminated, certain sections of this Agreement will remain in effect.

Warranty Disclaimer and Exclusions / Limitations of Liability

We make no express or implied warranties or representations with respect to the Site, application or any widgets available through the Site or application, including without limitation, any implied warranties of merchantability, noninfringement, security or fitness for a particular purpose. In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the Site or any part of it at anytime. The information, content and services on the Site, including any applications and widgets, are provided on an “AS IS, AS AVAILABLE” basis. We do not make any guarantees that your use of the applications or any widgets will increase your sales or products or services. When you use the Site, or any application or widget, you understand and agree that all use of the Site, applications or widgets is at your own risk.

To the extent permissible under applicable law, in no event will we be liable to you or any third party for: (i) any indirect, consequential, special, exemplary or punitive damages or loss of profits, loss of revenue or loss of data arising from your use of or inability to use the Site or any applications or widgets; or (ii) any amounts in excess of the lesser of: (a) $100 or (b) the amount paid by you for use of the Site, any applications or widgets during the immediately preceding three (3) months, whether or not we have been advised of the possibility of such damages.

Indemnification

You hereby agree to indemnify and hold AddShoppers.com and its directors, officers, members, employees and agents harmless from all claims, damages, liabilities, actions, costs and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Site or any application or widget.

Intellectual Property Rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Confidentiality

You agree not to disclose information you obtain from us. All information submitted to by an end-user customer is proprietary information of AddShoppers.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Refund Policy

AddShoppers subscriptions, advertising, and retargeting are non-refundable and AddShoppers is not obligated to provide you a refund at any time. We may, at our discretion, provide credits toward future subscription, advertising, or retargeting charges on a case-by-case basis.

Data Rights and Retailer Privacy

We do not charge End Users or Retailers (Publishers) a fee for using the AddShoppers platform. In consideration for use of our platform, you agree that we may collect data related to an End User’s use of the Services including an End User’s sharing of Publisher Content (referred to as the “Data”). Our data collection, use and disclosure practices are described more fully in our TRUSTe-certified Privacy Policy and include the use of log information and cookies that record anonymous (i.e., non-personal) information about End Users. In addition, we may aggregate your Non-Personally Identifiable Information with the Non-Personally-Identifiable Information of others and share that aggregated information with third parties without restriction. When an End User downloads a page that contains our javascript code, we may deploy a cookie on our own behalf or on behalf of one of our data partners, to record information about how an End User uses the web, such as the web search that landed the End User on a particular page or categories/products that the End User is in-market for. We may use the Data to target advertising toward the End User or authorize others to do the same. If you you allow us to place our cookies, you grant us a non-exclusive, irrevocable, worldwide and perpetual right and license to collect, use and disclose the Data as provided in our Privacy Policy and to allow our third party data partners to do the same. We will retain custody and ownership of all data and information collected or obtained by us from users through our network of widgets and we provide any data to you as a service. You own all data that you collect directly from the users of your Sites. You may not share, disclose, license or otherwise provide Analytics Data to any third party advertising networks without our prior written consent.

End users may opt out here: http://preferences-mgr.truste.com/

Non-Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Waiver

Failure of the AddShoppers.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

Severability of Terms

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws of North Carolina, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

Choice of Law

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of North Carolina, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

Any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Charlotte, North Carolina, in the English language and the arbitral decision may be enforced in any court.

Contacting Us.

If there are any questions regarding this our Terms and Conditions, you may contact us using the information below:

http://help.addshoppers.com
help [at] addshoppers.com

This policy was last modified on: 2/18/2014

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