ShopAndSupportASPCA.com, ("ShopAndSupportASPCA.com" or "we"), an InuvoŽ, Inc. application, is pleased to give you access to ShopAndSupportASPCA.com (this "website"). By providing us your email address and registering, you are indicating that you have read and that you agree to these terms. You understand that we may update these terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new or updated features or services that we put on our website will be subject to these terms. BY USING THIS WEBSITE, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE.
ShopAndSupportASPCA.com is an online shopping engine that combines price comparison, discounts and online coupons, and which facilitates a donation of a portion of each qualifying purchase you make to ShopAndSupportASPCA.com.
To join ShopAndSupportASPCA.com and use our services, you must be at least 18 years of age. If you are under 18 years of age, you may join ShopAndSupportASPCA.com only with the supervision and consent of your parent or legal guardian. If you are under 13 years of age, you may not join ShopAndSupportASPCA.com. All members receiving payments via check must be U.S. residents. You must have Internet access and an email address to use ShopAndSupportASPCA.com, and we are not responsible for your inability to connect to the Internet to access our website or your account.
You are responsible for maintaining accurate account information at all times, including valid email and mailing addresses. You are responsible for keeping your email address, mailing address, password, and all other private information confidential. ShopAndSupportASPCA.com is not responsible for any changes made to your account by any party that uses your email address and password. You are responsible for following the Terms of Service and policies, for not engaging in inappropriate use of the ShopAndSupportASPCA.com website and services offered or its affiliate merchant sites, or for not engaging in fraudulent practices.
We will provide you with links on the ShopAndSupportASPCA.com website to the websites of affiliated merchants. When you click one of these links and make a qualifying purchase at that merchant's website, ShopAndSupportASPCA.com will make a donation to ShopAndSupportASPCA.com of the specified amount listed for that product or store on ShopAndSupportASPCA.com. We will make every effort to accurately track and report your qualifying purchases, but you will not hold us liable for any delays or failures in tracking or reporting that are the fault of the merchant in reporting your purchase to us. Furthermore, you will not hold us liable for any technical failures that delay or prevent your purchase from being reported to us. If you have disabled cookies or other technologies used in tracking purchases, this may be the cause of such technical failure. Other causes may include:
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THIS WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ShopAndSupportASPCA.com, ITS AFFILIATES AND ANY THIRD PARTIES UNDER CONTRACT WITH ShopAndSupportASPCA.com, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using this website, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Occasionally purchases at our affiliated merchants' websites will not generate donations for THE ASPCA. These may include, but are not limited to, gift certificates, gift cards, and other items determined by the merchant. ShopAndSupportASPCA.com is not obligated to provide donations to THE ASPCA for purchases that do not generate a commission for ShopAndSupportASPCA.com or for which a merchant cancels a commission.
PRICING & PRODUCT AVAILABILITY
ShopAndSupportASPCA.com strives to maintain the most accurate prices possible to give you the best comparison shopping experience; however, due to constant changes made by retailers to product pricing we cannot guarantee the accuracy of our pricing. Additionally, based on product supply retailers will occasionally sell out of certain inventory before we can update those products as Out of Stock in our database. ShopAndSupportASPCA.com is not responsible for products on its website that become unavailable or out of stock.
ShopAndSupportASPCA.com also strives to show accurate tax and shipping costs, when available, but please keep in mind that for some stores, the tax and shipping costs shown are only estimates. Sales tax estimates are based on your zip code and the sales tax policies of the merchant. Shipping cost estimates are based on the shipping policies of the merchant, product weight, shipping destination, distribution center location, and carrier used (UPS, USPS, FedEx, etc.). In some cases, however, ShopAndSupportASPCA.com is not provided with all information necessary to estimate the exact tax and shipping costs.
ShopAndSupportASPCA.com works with merchants to ensure that all coupons displayed are active and that any exceptions are listed with the coupon. Occasionally, however, coupons may not work because of a merchant error or other technical error. Other times a specific item not listed in the exceptions will not be eligible for the discount. ShopAndSupportASPCA.com is not responsible for any coupons that do not work. If you try to use a coupon and it doesn't work, please report the issue to us and we will do our best to reactivate the coupon, get a new coupon, or provide clarification on why the coupon did not work.
COPYRIGHT AND TRADEMARK INFORMATION
All content available on this website is Copyright 2010 ShopAndSupportASPCA.com, Inc. with all rights reserved, or is the property of third properties protected by intellectual property rights. All other trademarks displayed on this website are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between ShopAndSupportASPCA.com and these companies. You agree that you 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 person of ShopAndSupportASPCA.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OFLIABILITY
THIS WEBSITE IS PROVIDED BY ShopAndSupportASPCA.com ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ShopAndSupportASPCA.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS WEBSITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THIS WEBSITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ShopAndSupportASPCA.com SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. ShopAndSupportASPCA.com DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR THE SERVICES PROVIDED. OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ShopAndSupportASPCA.com'S CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ShopAndSupportASPCA.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ShopAndSupportASPCA.com MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THIS WEBSITE OR BOUGHT AND/OR SOLD USING THIS WEBSITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ShopAndSupportASPCA.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ShopAndSupportASPCA.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold ShopAndSupportASPCA.com, its subsidiaries, affiliates, co-brand partners, and other parties with which ShopAndSupportASPCA.com is under contract, including THE ASPCA, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of this website and/or your breach of these terms, and/or resulting from any and all content you submit to ShopAndSupportASPCA.com and/or this website. ShopAndSupportASPCA.com shall provide notice to you of any such claim, suit or proceeding.
These terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Pinellas County, Florida, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in Florida and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in Florida. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Florida with knowledge of Internet commerce in Florida and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
INTELLECTUAL PROPERTY OWNERSHIP AND COPYRIGHT INFRINGEMENT
ShopAndSupportASPCA.com disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). ShopAndSupportASPCA.com will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include ShopAndSupportASPCA.com removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to ShopAndSupportASPCA.com regarding matters other than informing ShopAndSupportASPCA.com that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process. Written notification must be submitted to the following Designated Agent:
ShopAndSupportASPCA.com Attn: Legal Department
15550 Lightwave Drive, Suite 300
Clearwater, FL 33760
By Email: legal@ShopAndSupportASPCA.com
To be effective, your infringement notification must include the following:
To be effective, a Counter Notification must be a written communication provided to ShopAndSupportASPCA.com's Designated Agent that includes substantially the following:
If any provision of these terms is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these terms and all agreements and notices incorporated herein may be automatically assigned by ShopAndSupportASPCA.com, in our sole discretion, to a third party. You may not assign your obligations to any other entity.