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ShoppingScout Terms of Use

MyWorld, Inc. d/b/a ShoppingScout ("ShoppingScout," "we" or "us") provides access to and use of ShoppingScout websites, ShoppingScout mobile applications, and other ShoppingScout products and services (collectively, the "Site") to you subject to the following terms and conditions (“Terms of Use”). If you sign up on the Site and click to accept these Terms of Use or otherwise access or use the Site, you accept these Terms of Use and agree to be bound by them. Please read them carefully. If you do not accept these Terms of Use, do not access or use the Site. If you are under 18 years of age, you are not permitted to access or use the Site.

PRIVACY
Please review our Privacy Policy, which also governs your access to and use of the Site, to understand our practices. The Privacy Policy is a part of these Terms of Use.

PRODUCTS, PRODUCT DESCRIPTIONS AND PRICING
ShoppingScout provides a service that helps you locate and compare prices for products from third party suppliers.

You are responsible for your dealings with merchants.
ShoppingScout does not offer or sell retail or wholesale products or services directly to consumers. All purchases of products and services located through the Site will be subject to purchase terms agreed to between you and the relevant third party supplier. ShoppingScout receives all offer terms, prices, product descriptions and other information from you, other users, and other third party sources. ShoppingScout does not warrant that offer terms, prices, product descriptions or other content related to products and services located through the Site are accurate, complete, reliable, current, or error-free; and you should not rely on any such information. ShoppingScout has no liability or responsibility for any inaccuracies, misstatements, or omissions. If a product purchased using the Site is not as described, the remedies available to you, including without limitation refunds, returns, credits and rebates, will be determined solely by the terms of sale agreed to between you and the third party supplier from whom you purchased the product.

You are responsible to confirm the price before you buy.
With respect to items located through the Site, we cannot confirm the price of an item prior to your purchase of it directly from the third party supplier. You should confirm your purchase price at the time of your purchase.

ShoppingScout does not provide professional medical or health advice.
Content provided by ShoppingScout and its content suppliers is not intended to substitute professional medical and health advice provided by a physician, pharmacist, or other qualified health-care professional. You should not use the Site for diagnosing, treating, curing, or preventing any disease or health condition. If you have a medical or health problem, contact your qualified health-care provider for advice.

LICENSE AND SITE ACCESS

ShoppingScout grants you a limited license to access and make personal noncommercial use of the Site and not to modify or download (other than page caching or downloading ShoppingScout mobile applications on your device as expressly authorized by ShoppingScout) the Site, or any portion of it, except with express written consent of ShoppingScout.

This license does not include: (i) any resale or commercial use of the Site or its contents; (ii) any collection and use of any product listings, descriptions, or prices; (iii) derivative use of the Site or its contents; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools, each of which is prohibited. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, accessed, used, or otherwise exploited for any commercial purpose without express written consent of ShoppingScout. You may not create or recreate the source code for the Site, or re-engineer, reverse engineer, decompile or disassemble the Site or any software embedded therein. 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 ShoppingScout without express written consent. You may not use any meta tags or any other "hidden text" utilizing ShoppingScout’s name or trademarks without the express written consent of ShoppingScout.

You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray ShoppingScout, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ShoppingScout logo or other proprietary graphic or trademark as part of the link without express written permission.

Any unauthorized use of the Site or any logo, graphic, or trademark terminates the permission or license granted by ShoppingScout and gives ShoppingScout the right to suspend or terminate your account.

YOUR ACCOUNT TERMINATION

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device, and you agree to accept responsibility for all activities that occur under your account or password.

ShoppingScout reserves the right, in ShoppingScout's sole discretion and without notice or liability to you, to modify, suspend, migrate, integrate, or discontinue the Site; refuse, restrict, or discontinue access to the Site; terminate or suspend accounts; or remove or edit content.

You may cease use of the Site at any time.

YOUR CONDUCT

You agree not to access or use the Site to:
  • post or submit any content that is, in ShoppingScout's opinion, unlawful, harassing, threatening, defamatory, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
  • post or submit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or intellectual property rights of any party;
  • post, submit, or otherwise make available any political campaigning, commercial solicitation, chain letters, mass mailings, or other unsolicited or unauthorized advertising or promotional materials or any form of "spam";
  • post, submit, or otherwise make available any content that contains software viruses;
  • use a false e-mail address, impersonate any person or entity, including, but not limited to ShoppingScout personnel or contractors, falsely state or otherwise misrepresent your affiliation with a person or entity, or mislead as to the origin of any content you post, submit, or otherwise make available;
  • disguise the origin of any content transmitted through the Site;
  • interfere with or disrupt the Site or violate the security of the Site or servers or networks connected to ShoppingScout;
  • violate the security of other websites, applications, and other internet properties by any method;
  • send more request messages to ShoppingScout servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, such as by use of any automated system, including "robots," "spiders," or "offline readers;"
  • collect or harvest any personally identifiable information for any commercial solicitation purposes;
  • engage in commercial activities with ShoppingScout or allegedly on behalf of ShoppingScout without ShoppingScout's prior written consent;
  • promote or conduct illegal activities or harm, stalk, or harass any person; or
  • violate or enable others to violate these Terms of Use.
You acknowledge that we have the right to terminate your account and prohibit your access to and use of the Site for violations of any of these rules or any other terms in these Terms of Use.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may post or submit reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content complies with these Terms of Use (including the “Your Conduct” section above).

If you do post or submit content or other material, you grant ShoppingScout a nonexclusive, worldwide, royalty-free, paid-up, perpetual, irrevocable, and fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such content in any manner and in any media now known or hereafter devised. You grant ShoppingScout and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post or submit; (ii) the content is accurate; and (iii) use of the content you supply does not violate this policy and will not cause injury to any person or entity.

ShoppingScout has the right but not the obligation to monitor and edit or remove any activity or content. ShoppingScout takes no responsibility and assumes no liability for any content posted or submitted by you or any third party.

INDEMNITY
You agree to indemnify, defend, and hold harmless ShoppingScout and its affiliates and successors, from and against all claims, demands, actions, suits or proceedings, and all loss, cost, liability, damage and expense (including reasonable attorneys’ fees) arising from or relating to (a) content you post, submit or otherwise make available, (b) your breach of these Terms of Use, (c) your use or misuse of the Site, or (d) any dispute between you and any third party supplier of goods and services or between you and any other user.

ShoppingScout reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ShoppingScout. ShoppingScout will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

INTELLECTUAL PROPERTY
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ShoppingScout or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of ShoppingScout and protected by United States and international copyright laws. All software used on the Site is the property of ShoppingScout or its software suppliers and protected by United States and international copyright laws.

All graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ShoppingScout in the United States. ShoppingScout’s trademarks and trade dress may not be used in connection with any product or service that is not ShoppingScout’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ShoppingScout. All other trademarks not owned by ShoppingScout that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ShoppingScout.

One or more patents owned by or licensed to ShoppingScout may apply to the Site and to the features and services accessible via the Site.

You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us (“Feedback“). If you choose to provide us any such Feedback, you hereby grant ShoppingScout a nonexclusive, worldwide, royalty-free, paid-up, perpetual, irrevocable, and fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit, in any manner and through any media now known or hereafter devised, such Feedback.

All rights not expressly granted to you in these Terms of Use are reserved by ShoppingScout and its licensors. Except as expressly stated herein, no license, by implication, estoppel, or otherwise, is granted to you.

OTHER BUSINESSES
ShoppingScout provides links to the websites, applications, and other internet properties of other parties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these parties or the content of their websites, applications, and other internet properties. ShoppingScout does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY SHOPPINGSCOUT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHOPPINGSCOUT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOPPINGSCOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOPPINGSCOUT DOES NOT WARRANT THAT THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOPPINGSCOUT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THESE TERMS MAY NOT APPLY TO YOU. THESE DISCLAIMERS APPLY TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW
By accessing or using the Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ShoppingScout.

DISPUTES
Any dispute relating in any way to your access to or use of the Site or to products or services sold or distributed by ShoppingScout shall be adjudicated in any state or federal court in San Francisco, California, and you consent to exclusive jurisdiction and venue in such courts.

DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent of a copyright owner and believe that any content infringes upon your or your principal's copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ShoppingScout's designated copyright agent to receive notifications of claimed infringement is:

Copyright Agent
MyWorld, Inc.
9304 E. Raintree Drive, Suite 120
Scottsdale, AZ 85260

copyright@shoppingscout.com

You acknowledge that if you fail to comply with all of the requirements of this notice, your DMCA notice may not be valid.

MISCELLANEOUS
The failure of ShoppingScout to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

You may not delegate your duties under these Terms of Use or assign these Terms of Use or your ShoppingScout account, in whole or in part, provided, however, that you may assign these Terms of Use in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. ShoppingScout may assign any of its rights and obligations under these Terms of Use without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.

As used in these Terms of Use, the word "including" means "including but not limited to."

This Agreement, which incorporates the ShoppingScout Privacy Policy, constitutes the entire agreement between you and ShoppingScout and governs your use of the Site, superseding any prior agreements (whether written or oral) between you and ShoppingScout regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in these Terms of Use.

CHANGES TO THE SITE AND TO THESE TERMS OF USE

Please review our Privacy Policy provided with the Site, which also governs your access to and use of the Site. We reserve the right to make changes to the Site, our services, our Privacy Policy and these Terms of Use at any time. We will notify you about material changes to these Terms of Use by sending a notice to the email address you provided to us. If you object to any future material change to these Terms of Use, you may notify us that you are terminating your use of the Site by emailing us at the following address: info@shoppingscout.com.

ELECTRONIC COMMUNICATIONS
When you access or use the Site 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 providing notices with the 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.
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