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Welcome
to our Web site. By using our site, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms carefully. If you
do not agree to these terms, you should not use this site. The term “site” or “us”
or “we” or “our” refers to frugalshoppe, the owner of the Web site. The term “you” refers
to the subscriber or viewer of our Web Site.
- Acceptance of Agreement.
You agree to the terms and conditions outlined in this
Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be amended
at any time by us from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to using
the Site.
- Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information and materials.
Some of the content on the site is the copyrighted work of third parties.
- Service Marks.
"frugalshoppe.com" and others are our service marks or registered service marks or trademarks.
Other product and company names mentioned on the Site may be trademarks of their
respective owners.
- Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access
and use the Site strictly in accordance with this Agreement; (b) to use the Site
solely for internal, personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter whatsoever under any circumstances.
Copyright notice or other proprietary notice or terms of use contained in the Site;
(d) make any portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed in the future;
(e) remove, decompile, disassemble or reverse engineer any Site software or use
any network monitoring or discovery software to determine the Site architecture;
(f) use any automatic or manual process to harvest Restrictions and Prohibitions
on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and Materials”) therein
are subject to the following restrictions and prohibitions on use: You may not (a)
copy, print (except for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion of the Site or any Content
and Materials retrieved therefrom; (b) use the Site or any materials obtained from
the Site to develop, of as a component of, any information, storage and retrieval
system, database, information base, or similar resource (in any media now existing
or hereafter developed), that is offered for commercial distribution of any kind,
including through sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works of any Content
and Materials from the Site; (d) use any Content and Materials from the Site in
any manner that may infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove, change or obscure
any information from the Site; (i) use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email; (2) email that makes use of
headers, invalid or nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site
in a manner that violates any state or federal law regulating email, facsimile transmissions
or telephone solicitations; and (k) export or re-export the Site or any portion
thereof, or any software available on or through the Site, in violation of the export
control laws or regulations of the United States.
- Forms, Agreements & Documents
For potential affiliates we may make available through the Site or through other
Web sites sample and actual forms, checklists, business documents and legal documents
(collectively, “Documents”). All Documents are provided on a non-exclusive license
basis only for your personal one-time use for non-commercial purposes, without any
right to re-license, sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness, currentness, accuracy,
and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND
WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional provisions to ensure
the desired result. You should consult with legal counsel to determine the appropriate
legal or business documents necessary for your particular transactions, as the Documents
are only samples and may not be applicable to a particular situation. Some Documents
are public domain forms or available from public records.
- No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to and
does not constitute legal advice, recommendations, and mediation or counseling under
any circumstance and no attorney-client relationship is formed. We do not warrant
or guarantee the accurateness, completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law firm and the Site
is not a lawyer referral service.
- Linking to the Site.
You may provide links to the Site, provided (a)
that you do not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does not engage in
illegal or pornographic activities, and (c) you discontinue providing links to the
Site immediately upon request by us.
- Advertisers.
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in the advertiser or sponsor’s
materials.
- Registration.
Certain sections of, or offerings from, the Site may require
you to register. If registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done using your real
name and accurate information. Each registration is for your personal use only and
not on behalf of any other person or entity. We do not permit (a) any other person
using the registered sections under your name; or (b) access through a single name
being made available to multiple users on a network. You are responsible for preventing
such unauthorized use.
- Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the Site.
- Third Party Content.
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume no liability for
any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations or any other
form of content on the Site. You understand that the information and opinions in
the third party content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
- Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
- Indemnification.
You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, attorneys, advertisers, product and
service providers, and affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
- Nontransferable.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or documents is not transferable
or assignable.
- Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS
AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED.
- Limitation of Liability
- We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way from (a) any
errors in or omissions from the Site or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Site or any features thereof, (c)
your use of the Site, (d) the content contained on the Site, or (e) any delay or
failure in performance beyond the control of a Covered Party.
- THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100
AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
- Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas (including without
limitation, product, service or advertising ideas) and will not incur any liability
as a result of any similarities that may appear in our future products, services
or operations. Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature everywhere.
We will be entitled to use the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and you, not us, have
full responsibility for the message, including its legality, reliability, appropriateness,
originality, and copyright.
- Third-Party Services.
We may allow access to or advertise certain third-party product
or service providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and subscriber service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of or purchase from such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any representations
or commitments on behalf of the other.
- Privacy Policy.
Our Privacy Policy, as it may change from time to time, is
a part of this Agreement. You must review this Privacy Policy by clicking on
this link.
- Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including
any applicable taxes.
- Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are forward-looking statements.
These statements are based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends," "will" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any securities. None
of the information contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or documents.
- Disclosures.
We may disclose your personal information if required to do so by law or subpoena
or if we believe that such action is necessary to (a) conform to the law or comply
with legal process served on us or Affiliated Parties; (b) protect and defend our
rights and property, the Site, the users of the Site, and/or our Affiliated Parties;
(c) act under circumstances to protect the safety of users of the Site, us, or third
parties.
- Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web site
by us. If you decide to leave our Site and access these third-party sites, you do
so at your own risk.
- Copyrights and Copyright Agents.
We respect the intellectual property of others,
and we ask you to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, please provide our Copyright Agent
the following information:
1: An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; 2: A description of the copyrighted work that you claim has been
infringed; 3: A description of where the material that you claim is infringing
is located on the Site; 4: Your address, telephone number, and email address; 5: A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; and 6: A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached by directing an e-mail to the Copyright Agent at
support@frugalshoppe.com
- Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by us.
- Legal Compliance.
You agree to comply with all applicable domestic
and international laws, statutes, ordinances and regulations regarding your use
of the Site and the Content and Materials provided therein.
- Refund and Return Policy.
To the extent that you purchase any goods or services
directly from us, we will refund you your purchase price within 30 days of you notifying
us in writing of your desire for the refund, together with the reason for the request,
with the product or service returned to us in substantially the same condition as
when purchased. Please note, however, that certain products and services mentioned
on our site are sold by third parties or are linked to third party Web sites, and
we have no responsibility or liability for those products or services. You may request
a refund by contacting us by email at support@frugalshoppe.com. You may obtain any additional information concerning our
refund and return policy, including our mailing address, by contacting us at
support@frugalshoppe.com.
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