Terms of Use Agreement

Last Updated: 09/10/2024

1. INTRODUCTION AND AGREEMENT
This Terms of Use Agreement (the “Terms”) applies to the site(s) on which it is posted, including everydayshopperassist.com (the “Site“) provided by everydayshopperassist.com, or its affiliate companies (collectively, “we”, “our”, or “us”).   The Site includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphones and tablets. These Terms of Use (the “Terms “) govern access to and use of the Site and the content and services provided by us on the Site or otherwise (the “Services“).
BY ACCESSING AND USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS, AND EXPRESSLY CONSENT TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITE OR USE ANY SERVICES. 
PLEASE NOTE: SectionS 10 AND 11 contain a class action waiver AND mandatory arbitration provision, which requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.

2. CONTENT DISCLAIMER
THE SITE AND SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SITE OR SERVICES, YOU DO SO AT YOUR OWN RISK.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.  OUR SITE AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT ENGAGED IN RENDERING LEGAL, FINANCIAL, ACCOUNTING, TAX, INVESTMENT, MEDICAL, HEALTH, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE.  OUR SITE AND SERVICES ARE NOT A SUBSTITUTE FOR SUCH PROFESSIONAL SERVICES OR ADVICE.  PLEASE SEEK THE ADVICE OF TRAINED AND LICENSED PROFESSIONALS, AS APPROPRIATE, WITH RESPECT TO LEGAL, FINANCIAL, ACCOUNTING, TAX, INVESTMENT, MEDICAL, HEALTH, COUNSELING, OR OTHER PROFESSIONAL SERVICES MATTERS.  FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. WE ARE NOT AN INVESTMENT ADVISOR, REGISTERED BROKER-DEALER, OR EXCHANGE. NO PART OF THE SITE OR THE SERVICES CONSTITUTES A SOLICITATION, OFFER, OPINION, ENDORSEMENT, OR RECOMMENDATION TO BUY OR SELL ANY SECURITY OR INVESTMENT OR ANY ADVICE REGARDING THE PROFITABILITY OR SUITABILITY OF ANY SECURITY OR INVESTMENT.
 
3. TRADEMARKS AND INTELLECTUAL PROPERTY
Please note that the Site, the Services, and all software programming, including without limitation all HTML and other code contained in the Site or Services (collectively, “Software“), is owned by us and our licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Site, Services or Software or any portion thereof is expressly prohibited by law and may result in civil and/or criminal liability.
You acknowledge that this Site may include certain trademarks and service marks owned by us and our affiliates and subsidiaries. You agree not to use any of our trademarks, service marks, names, logos, or other identifiers without our prior written consent. Other marks appearing on the Site are the property of their respective owners.
 
4. PROHIBITED ACTIVITIES
You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate us or our employees, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which as determined by us, may harm us or other users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site or Services in any manner that could disable, overburden, damage, or impair the Site or Services or interfere with any other party’s use of the Site or Services, including their ability to engage in real-time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including scraping, monitoring or copying any of the content or material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site or Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempting to interfere with the proper working of the Site.

 
5. Intellectual Property Infringement Notification
We are committed to complying with U.S. copyright law and to responding to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions as set forth herein.
Notifications of claimed intellectual property infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent for this Site in the manner described below:
By Email:
You must provide all of the following information when providing notice of the claimed intellectual property infringement:

  1. Your signature. We need your physical or electronic signature or the signature of a person authorized to act on behalf of the intellectual property owner.
  2. A description of your proprietary material. You must identify the intellectual property claimed to have been infringed;
  3. A description of the infringing material. You must identify the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material (e.g., a URL);
  4. Your contact information. We need information that is reasonably sufficient to permit us to contact you or the intellectual property owner, such as an address, telephone number, and, if available, an email address; and
  5. Three affirmations under penalty of perjury. We need:
    1. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or law;
    2. A statement that the information in the notification is true and accurate; and
    3. A statement that you are authorized to act on behalf of the intellectual property owner;

For more details on the information required for valid notification of copyright under the Digital Millennium Copyright Act, see 17 U.S.C. 512(c)(3).
You should be aware that, under the Digital Millennium Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees. And, under 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten (10) business days.
6. LIABILITY AND WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. You assume full responsibility and risk of loss resulting from your use of the Site and Services, and any other information, content, or materials accessed through or obtained by means of the Site OR SERVICES.  It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site and Services. WE AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SERVICES, OR THE SOFTWARE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SERVICES, AND THE SOFTWARE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND WE AND OUR SUBSIDIARIES AND AFFILIATES AND OUR AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

7. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SERVICES, THE SOFTWARE, THESE TERMS, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). FOR PURPOSES OF THESE TERMS, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

8. INDEMNIFICATION
By using the Site, you agree to defend, indemnify, and hold us and our affiliates and our and their respective officers, directors, managers, employees, agents, licensors, service providers, successors, and assigns harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties, judgments, costs and expenses (including reasonable attorneys’ fees), made or initiated by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or your violation of any rights of another party. We reserve, and you grant to us, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you.  All rights and duties of indemnification set forth herein shall survive termination of these Terms.
 
9. TERMINATION OF SERVICE
You understand and agree that in our sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended, and we may exercise any other remedy available if we believe that your use of the Site and/or the Service (a) violate (i) these Terms, (ii) our rights or the rights of any of our affiliates and subsidiaries, or the rights of another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that we post a bond.
 
10. GOVERNING LAW; JURISDICTION
These Terms and any disputes related in any way to your access to and use of this Site and/or Services shall be governed by and construed under the laws of the United States and of the State of Florida, without regard to conflicts of law principles or rules thereof.  Any legal action arising out of or related to these Terms or your access to and use of this Site and/or its Services must be commenced within one year after the cause of action arises. WE AND YOU AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO A TRIAL BY JURY. We and you each agree to use best efforts to settle any dispute or claim arising out of, or relating to, these Terms or your access to and use of this Site and/or its Services. If we and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, we and you shall submit the dispute to binding arbitration to take place in the State of Florida, as set forth below. To the degree the arbitration provision is deemed unenforceable, or if any action is otherwise allowed to be maintained in a court of competent jurisdiction, you agree that such action must be commenced in a State or Federal Court within Miami, Florida.
 
11. CLASS ACTION WAIVER
WE AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO AND USE OF THE SITE AND/OR SERVICES MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. FURTHERMORE, WE AND YOU AGREE THAT NEITHER OF US MAY PURSUE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, AS A PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.
 
12. ARBITRATION
We and you agree that this Section 11 shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq. We and you agree that any and all Claims shall be submitted to final and binding arbitration, to take place within the State of Florida, before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) (“AAA Rules”). Judgment may be entered on the arbitration award by a court of competent jurisdiction within the State of Florida. You agree that Claims submitted to arbitration shall be decided in a single arbitration before a single arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. The arbitrator shall have the authority to award the same damages, including reasonable attorney’s fees, and all other relief that a court can award. You acknowledge and agree that you voluntarily and knowingly entered into these Terms and chose to use the Site and the Services offered by it rather than companies that offer similar services and who may not have an arbitration agreement.

13. CHANGES TO THESE TERMS
We reserve the right to update and periodically amend these Terms at our discretion and at any time. If we make any changes to these Terms, the updated Terms will be posted online and the date of the update will be included. Your continued use of the Site and/or Services after any such update indicates your agreement to the same. If you do not agree to the modified terms for the Site or Services, you must discontinue your use of the Site and Services. We may modify, suspend, discontinue, or restrict the use of any portion of the Site or Services without notice or liability.
 
14. THIRD PARTY LINKS, PRODUCTS AND SERVICES
This Site may promote, contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by us. You agree that we are not responsible or liable for the content, policies or practices of any third-party websites or for any third-party products or services. We do not sponsor or endorse such websites and are not responsible for the accuracy, content or any aspect thereof. We disclaim all liability for such third-party websites, and for any use of the links to such websites or use of such websites themselves. We also disclaim all liability and make no representations or warranties for any products or services promoted, made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against us arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Advertisements and links on this Site do not imply that we are affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ours or any of our affiliates and subsidiaries.
 
Some aspects of this Site or the Services may be dependent upon third-party service providers, such wireless carriers or social media platforms. We do not control such third-party service providers and are not responsible or liable for their acts or omissions. In addition, such third-party service providers may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Site and the Services through such third-party service provider.
 
15. MISCELLANEOUS
These Terms supersede all prior and contemporaneous agreements and understandings between you and us relating to the Site and the Services. You may not transfer your rights or obligations under these Terms without our prior written consent, but we may freely do so, in whole or in part. These Terms will be binding upon our and your respective successors and permitted assigns. These Terms do not create any third-party beneficiary rights. Our failure or delay in exercising any right, power or privilege under these Terms will not waive our rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. We and you are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
 
16. CONTACT INFORMATION
If you have any questions regarding these Terms, please contact  info@everydayshopperassist.com

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