Terms & Conditions
All of us at AddShoppers are excited to get you started using our products and tools, but our lawyers (!) required us to add the following Terms and Conditions of use. Please read over them carefully. By registering and accessing our applications, you agree to these terms and conditions just as if you signed a contract in person.
If you have any questions, please let us know.
The Terms and Conditions herein, in conjunction with the Software Service Agreement, describe and encompass the entire Agreement between us and you, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to www.addshoppers.com (Site), the contents and materials provided by or through the Site, and the subject matter of this Agreement. In case of any conflict or inconsistency between the Terms & Conditions herein and the Software Service Agreement, the Terms and Conditions herein shall govern and control. 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.
Acceptance of Terms
By accessing the 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.
Use of the Site and Products
The Site allows you to access the AddShoppers Platform for as long as you have a license. We may change, suspend, discontinue, or restrict your access to the Site or any part of it at any time. You are prohibited from performing the following, 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) unlawfully collect information about users’ personal information; (c) post false, inaccurate, misleading, defamatory, or libelous content; (d) take any action that may damage the Site or system; (e) take any action that may violate any federal, state, or local laws or statutes of the United States of America and its territories; and (f) take any action that may violate any international laws or treaties.
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.
Term of Agreement
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. Even after your membership is terminated, this Agreement as well as your Software Service Agreement and any of your liabilities 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, non-infringement, 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 discontinue the Site or any part of it at any time. 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.
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.
You agree not to disclose information you obtain from us. All information submitted to by an end-user customer is proprietary information of AddShoppers. 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.
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 Privacy
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.
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.
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.
If there are any questions regarding this our Terms and Conditions, you may contact us using the information below:
help [at] addshoppers.com
This policy was last modified on: 6/13/2018