USER AGREEMENT
By using the Shop It To Me website or signing up for the Shop It To Me email service, you agree to follow and be bound by the following terms and conditions:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Shop It To Me, Inc. shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on Shop It To Me, Inc.'s Web site or emails, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on Shop It To Me, Inc.'s Web site or emails.
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, SHOP IT TO ME, INC. 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 Shop It To Me, Inc. 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, Shop It To Me, Inc. does not represent or warrant that the information accessible via our Web site, email, 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 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.
IN NO EVENT SHALL SHOP IT TO ME, INC., OR ITS AFFILIATES OR AGENTS (THE "SHOP IT TO ME, INC. PARTIES") BE LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN (WHETHER IN CONTRACT, NEGLIGENCE, TORT 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, THROUGH OUR OTHER SERVICES, OR THROUGH ANY THIRD PARTY PRODUCTS OR SERVICES WHETHER OR NOT THEY WERE ACCESSED VIA OUR WEB SITE OR OTHER SERVICES. FURTHERMORE, IN NO EVENT SHALL THE SHOP IT TO ME, INC. PARTIES 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.
You and we agree that this is a fair allocation of risk based upon the manner and cost by which Shop It To Me, Inc.'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.
Site and Email Contents
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Shop It To Me, Inc., with all rights reserved, or is the property of Shop It To Me, Inc. 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 and emails for non-commercial purposes only. 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 Shop It To Me, Inc. is strictly prohibited.
Shop It To Me, Inc. and shopittome.com, SalemailSM, Shop It To Me®, Shop It To Me: Sales Just Got Personal®, and Better Than Any Sample Sale!SM are proprietary service marks of Shop It To Me, Inc.
All other trademarks displayed on Shop It To Me, Inc.'s Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Shop It To Me, Inc. and these companies.
Shop It To Me, Inc. 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, if you believe that any such third party materials infringe your intellectual property rights, please contact .
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 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.
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 Shop It To Me, Inc. 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 Shop It To Me, Inc. with respect to your use of those third-party services accessed through our site.
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 Shop It To Me, Inc., 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 Shop It To Me, Inc. Member or participation in any other program or service offered by Shop It To Me, Inc.