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PLEASE READ THE FOLLOWING USER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS WEB SITE OR USING OUR OTHER SERVICES. By using the eShup.com Web site or our other services, you agree to the terms of this User Agreement. If you do not agree to the terms of this User Agreement, you may not use our Web site or other services. We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web site.
1. Significance of Ratings
"Customer Certified" ratings reflect the aggregated responses of actual customers/typically many thousands of consumers/surveyed at the point-of-sale for each online merchant. As such, these ratings are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.
All other ratings reflect the aggregated responses of hundreds or thousands of actual consumers who are members of our Online Research Panel of actual online buyers. Again, as such, these ratings are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.
Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, and may also purchase research from us, but in no event does any such payment affect the merchant rating given to any merchant by participating online shoppers.
Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant ratings.
2. Consumer Reviews
The consumer reviews on our site are comments received from actual customers/typically many thousands of consumers/surveyed at the point-of-sale for each online merchant, as well as customers who have elected to post a review on our site. As such, these reviews are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.
Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, and may also purchase research from us, but in no event does any such payment affect the reviews given to any merchant by participating online shoppers.
Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant reviews. Furthermore, users agree not to post any review that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content for a general shopping audience. By posting a review, the poster thereby represents that the review is based upon an actual online shopping experience with the merchant being reviewed and irrevocably assigns all copyright and other intellectual property rights in the review to eShup. eShup may publish the review on its Web site or elsewhere in its discretion and reserves the right to remove or alter the content of any review deemed offensive or in violation of its policies, and all decisions by eShup in this regard are final.
3. Legal Disclaimer
eShup shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on eShup's Web site, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on eShup's Web site. The information, services, products, and materials contained in this Web site or available through our other services, including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis. To the maximum extent permitted by law, eShup DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance.
In addition, since eShup cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, eShup does not represent or warrant that the information accessible via our Web site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our Web site or through our other services. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice. eShup SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH eShup'S SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our Web site or other services.
4. Liability Limitations
In no event shall eShup or its affiliates or agents (the "eShup Parties") be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Web site or through our other services, in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more eShup Parties is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if the value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate. You and we agree that this is a fair allocation of risk based upon the manner and cost by which eShup's services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online. FURTHERMORE, IN NO EVENT SHALL eShup OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy.
5. Third-Party Sites
Our Web site, surveys, or other services may include links to other sites on the Internet that are owned and operated by online merchants, survey incentive vendors, and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor.
In certain areas on our site, we may join forces with a reputable third-party source of specialized information and other content so that you can quickly and easily make informed decisions about such products and services. In each of these areas, the eShup header will note that the services are "Powered by" or "By" the third party. This indicates that the content resides on the third party's servers and your use of those services is governed by that company's privacy policies and terms of use, which you can access at the bottom of each page in those areas. We recommend that you always review their privacy policies and terms of use before you complete any transaction with them. This User Agreement (other than our privacy policies) also apply as between you and eShup with respect to your use of those third-party services accessed through our site.
6. Dispute Resolution
We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any claim or controversy between us, or arising in any way out of the use or operation of our Web site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA) in Los Angeles, California, under the rules and procedures of the AAA. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in Los Angeles, California pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.
7. Other Terms
Our Web site and other services are operated and provided in the State of California, USA. As such, we are subject to the laws of the State of California, and such laws will govern this User Agreement, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site or other services, you agree to do so subject to the internal laws of the State of California. You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. We do not guarantee continuous, uninterrupted or secure access to our Web site or other services, and operation of our Web site or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of this User Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. You agree that this User Agreement and any other agreements referenced herein may be assigned by eShup, in our sole discretion, to a third party in the event of a merger or acquisition. This User Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a eShup Member or participation in any other program or service offered by eShup. You agree that by accepting this User Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Notice.
8. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2008 eShup.com, with all rights reserved, or is the property of eShup and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Web site for the sole purpose of using this site as a shopping resource. Any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of eShup is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of eShup.
eShup™ and eShup.com™ are proprietary service marks of eShup.com, which is a division of eShup.com. eShup's service marks/trademarks may not be used in connection with any product or service that is not provided by eShup, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eShup or eShup.com.
All other trademarks displayed on eShup's Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between eShup and these companies.
eShup disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
Attn: General Counsel
eShup.com / eShup.com
12200 W Olympic Blvd, Suite 300
Los Angeles, CA 90064
Fax: (310) 571-1236
This User Agreement was last modified on September 27, 2004.
© 2008 eShup.com
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