By
accepting this Agreement, you expressly consent to certain
disclosures of your personal information to third parties, and the
use of your information by third parties, and as described in
our current Privacy
Policy.
Policies
You
agree to abide by all policies posted on ShopLocus.com. We expect
that you will use caution and common sense when utilizing the
services that come with Membership. Furthermore, by accessing
ShopLocus.com you agree to comply with all applicable laws
regarding your access to Membership services.
Age Limit
You
must be at least eighteen (18) years old to register for the
services provided in the Website. We also encourage anyone under
the age of eighteen (18) years old to seek the consent of their
parents or guardians before making use of any of the free services
available at ShopLocus.com or before providing information about
themselves to anyone on the Internet. Children should never reveal
their addresses, phone numbers or other personal information to
any strangers on the Internet.
Account Termination
In
consideration of use of our services, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by registration forms; and (b) to maintain and update
this information to keep it true, accurate, current, and complete.
If any information provided by you is untrue, inaccurate, not
current or incomplete, ShopLocus.com retains the right to
terminate your account and refuse any and all current or future
use of the services.
Risk and Responsibility
ShopLocus.com may, in its sole discretion and at any time,
modify and/or discontinue ShopLocus.com, and/or limit, terminate
or suspend your use of or access to ShopLocus.com. And/or make
changes to this Agreement. Your right of access and use of the
Website shall not be deemed as a waiver of any of ShopLocus.com’s
rights hereto nor shall it be deemed as a grant of any rights to
any of the information, intellectual property or other matters
described or set forth herein.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
WEBSITE AND THE INTERNET. ShopLocus.com MAKES NO WARRANTY THAT IT
WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE TIMELY, SECURE,
ACCURATE OR ERROR-FREE. THE WEBSITE AND ALL SERVICES AND PRODUCTS
ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE"
BASIS. SHOPLOCUS.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW
THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
STATE TO STATE.
THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH
THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM THE
MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES
EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS
ShopLocus.com DOES NOT WARRANT THAT THE WEBSITE CONTAINS
COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF
PRODUCTS WHATSOEVER.
ShopLocus.com PIN SALE POLICY IS NO REFUNDS, NO EXCHANGES AND
NO RETURNS. IN NO EVENT SHALL ShopLocus.com BE LIABLE FOR ANY LOST
PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC,
EXEMPLARY, OR PUNITIVE DAMAGES (WHETHER FORESEEABLE OR NOT)
INCLUDING WITHOUT LIMITATION LOST OR ANTICIPATED REVENUES OR
PROFITS ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING INTENTIONAL
OR NEGLIGENT CONDUCT), WHETHER IN CONTRACT OR TORT, OR DAMAGES
ARISING FROM ANY ERRORS, MISTAKE, OMISSION, INTERRUPTION OR DELAY
IN THE COURSE OF ESTABLISHING, FURNISHING, CHANGING OR TERMINATING
ANY SERVICE PROVIDED THROUGH THE WEBSITE, OR FOR ACCURACY OR
COMPLETENESS OF ANY INFORMATION PROVIDED IN THIS WEBSITE, EVEN IF
ShopLocus.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CIRCUMSTANCE SHALL SHOPLOCUS.COM’SLIABILITY TO ANY CUSTOMER
EXCEED THE VALUE, CALCULATED AT SHOPLOCUS.COM’STHEN-APPLICABLE
RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S PREPAID CALLING CARD
("PIN"). SOME STATES DO NOT ALLOW SOME LIMITATIONS OF
LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE
SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER
SHALL ASSUME ALL RISK OF LOSS. ShopLocus.com SHALL NOT BE
OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT)
FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT
USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES.
THE OBLIGATIONS OF ShopLocus.com UNDER THIS AGREEMENT ARE
SUBJECT TO, AND ShopLocus.com SHALL NOT BE LIABLE FOR DELAYS,
FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION, OR
MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF CAUSED OR
OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR
DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS, POWER FAILURES,
EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS, SHORTAGES OF
EQUIPMENT FOR SUPPLIES, UNAVAILABILITY OF TRANSPORTATION, ACTS OR
OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS, ACTS OR
OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE
BEYOND THE REASONABLE CONTROL OF ShopLocus.com.
Public Area and Content
When/if you submit any content to any "public area"
of the Website, you grant ShopLocus.com, its affiliates,
suppliers, distributors, and third party service providers a
royalty-free, perpetual, irrevocable, non-exclusive right
(including any moral rights) and license to use, reproduce, edit,
modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform, and display the
content (in whole or in part) worldwide and/or to incorporate it
in other works in any form, media, technology now known or later
developed, for the full term of any rights that may exist in such
content. You also warrant that the holder of any rights, including
moral rights, in "public area" content has completely
and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license stated above. You
also permit any visitor to access, display, view, store, and
reproduce "public area" content for personal use.
Subject to the foregoing, the owner of "public area"
content retains any and all rights that may exist in such content.
By accessing ShopLocus.com, you agree that you shall have no
recourse against ShopLocus.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to ShopLocus.com.
You are solely responsible for your content, and we merely act
as a passive conduit for your online distribution and publication
of your information. However, we may unilaterally take any action
with respect to your content if we believe it may create liability
for us or may cause us to lose (in whole or in part) the services
of our ISPs or other suppliers.
ShopLocus.com reserves the right to edit, copy, delete, in part
or in full, any or all content provided by its members.
ShopLocus.com may make these changes at any time for any reason
without the prior consent or notification of the author.
You may only use ShopLocus.com for legal purposes. The content
you distribute or request to receive (directly or indirectly)
through Membership access, any products and services you may
choose to offer (if permitted to do so), and any username you
select: (a) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (b) shall not violate any law or
regulation (including without limitation those governing export
control, unfair competition, anti-discrimination or false
advertising); (c) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (d) shall not be
obscene or contain child pornography; or (e) shall not contain any
computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information. You may not
distribute unsolicited commercial messages ("spam")
through your use of services provided by ShopLocus.com or take any
other action, which imposes an unreasonable or disproportionately
large load on our infrastructure, including without limitation,
using excessive network bandwidth. In addition, you may not
distribute spam that directs or encourages users to visit our
Website through the account of another provider. At our option and
without further notice, we may use anti-spam technologies that may
terminate your messages without delivering them or prevent
messages from reaching you.
You agree not to impersonate any other person or entity,
whether actual or fictitious, including impersonating an employee
or consultant of ShopLocus.com. You further agree not to use an
inappropriate member name of any kind.
International Copyright
and Trademarks
The
entire contents of ShopLocus.com are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are ShopLocus.com, its affiliates or other third party
licenser's. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different
areas of the Website solely for your own noncommercial use. You
hereby agree not to change or delete any copyright or proprietary
notices from the materials downloaded or printed from
ShopLocus.com The rates applicable to all telecommunications
services or products provided by ShopLocus.com shall be the rates
charged by the underlying carrier at the time the PIN is
purchased. All rates apply only to calls originated in the United
States of America. Telecommunications services may also be subject
to fees and surcharges, including without limitation per call fees
or surcharges as set by the underlying carrier. An additional
Federal Communications Commission mandated surcharge may be
assessed for calls originated from a pay phone. These fees and/or
surcharges are assessed at the time the call is made and are in
addition to the per minute rate applicable to the call. By
agreeing to purchase a PIN, you agree to pay the rates, fees and
surcharges in effect for that PIN at the time of purchase.
Card Expiration Dates
All prepaid cards shall have an expiration date linked to the
date of purchase, at which point it shall expire automatically.
The expiration date is communicated to you along with your PIN
Number and Access Number immediately following purchase. Any
unused minutes or value shall be forfeited upon expiration. All
telecommunications services used in connection with Pins are
provided by the underlying carriers of those telecommunications
services.
Orders
You may order, purchase, or otherwise obtain services or
merchandise through this Website from entities not affiliated with
ShopLocus.com ("Sellers"). All matters concerning the
merchandise and services obtained or desired from any Seller,
including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely
between you and the Seller. ShopLocus.com makes no warranties or
representations whatsoever with regard to any goods or services
provided by Sellers. You will not consider ShopLocus.com nor will
ShopLocus.com be construed as a party to such transactions,
whether or not ShopLocus.com may have received some form of
revenue or other remuneration in connection with the transaction
or be liable for any costs or damages arising out of, either
directly or indirectly, you or any other person involved or
related to the transaction.
Affiliates & Third
Parties
ShopLocus.com may contain links that provide access to services
provided by affiliates of ShopLocus.com. These links are provided
solely as a convenience to you and not as an endorsement by
ShopLocus.com of the content of such other websites. WHEN YOU
ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE
GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF
SUCH SERVICES
If we ask a third party to provide services through the Website
or for your use, the provisions of this Agreement shall apply to
your use of their services. ShopLocus.com is not responsible for
the content on the Internet or WebPages that are contained outside
the Website. ShopLocus.com make no representations as to the
quality, suitability, functionality or legality of any other
websites to which we may provide links, and you hereby waive any
claim you might have against ShopLocus.com with respect to such
sites.
All information provided by ShopLocus.com and its affiliates is
owned by or licensed to ShopLocus.com and its affiliates and any
user is permitted to store, manipulate, analyze, reformat, print
and display the ShopLocus.com information only for such user's
personal use. In no event shall any user publish, retransmit,
redistribute or otherwise reproduce any ShopLocus.com information
in any format to anyone, and no user shall use any ShopLocus.com
information in or in connection with any business or commercial
enterprise, including, without limitation, any securities,
investment, accounting, banking, legal or media business or
enterprise. Prior to the execution of a security trade based upon
the ShopLocus.com information, you are advised to consult with
your broker or other financial representative to verify pricing
information.
You agree to indemnify, defend and hold harmless ShopLocus.com,
its parent companies, subsidiaries, affiliates, and any officers,
directors, employees, consultants, and agents of any of them from
any and all third party claims, liabilities, damages and/or costs
(including, but not limited to, reasonable attorneys' fees)
arising from your use of services provided by ShopLocus.com, your
violation of this Agreement or your infringement, or infringement
by any other user of your account, of any intellectual property
right or other right of any person or entity. The Agreement will
inure to the benefit of ShopLocus.com and its successors, assigns
and licensees
This Agreement shall be governed in all respects by the laws of
the State of Florida, without regard to conflicts of laws
principles; as such laws are applied to agreements entered into
and to be performed entirely within Florida between Florida
residents. Both you and ShopLocus.com submit to the exclusive
personal jurisdiction of Miami-Dade County, Florida.
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced and remain in full force and effect.
The failure of either party to insist upon or enforce strict
performance by the other party of any provision of the Agreement
or to exercise any right under the Agreement will not be construed
as a waiver or relinquishment to any extent of such party's right
to assert or rely upon any such provision or right in that or any
other instance.
ShopLocus.com may freely assign this Agreement and upon such
assignment ShopLocus.com will be relieved of any further
obligation there under. You may not assign its rights under this
Agreement, in whole or in part, to any third party.
Agreement
This Agreement (including all Addendum and the Privacy Policy) sets forth
the entire understanding and agreement between the parties with
respect to the subject matter herein, and supersedes all prior
agreements and understandings.
ShopLocus.com reserves the right to charge fees, surcharges
and/or membership fees at any time upon without prior written
notice to you.
ShopLocus.com reserves the right to unilaterally amend this
Agreement at any time by either: (I) notifying you by e-mail, in
which case the amendments will be effective upon e-mailing you the
notification at the e-mail address you have provided; or (ii) by
posting the amended version on the Website and announcing on our
Home Page that the amended agreement is available. In this case,
such amendments will be effective when announced.
