Terms of Use Highlights

 

  • You are agreeing to our Terms and Conditions of Use (“Terms of Use”) when you use our web site and applications, and these Highlights are not a substitute for reading the actual Terms of Use.
  • By using our web site and applications, you acknowledge that you have read, understood and agree to be bound by our Terms of Use and to comply with all applicable laws and regulations.
  • When you use our web site and applications, you remain responsible for your conduct and actions, and for any content you submit to us.
  • It is your responsibility to look after your account security and passwords. Activities that happen on your account are your sole responsibility.
  • You may not use our web site or applications for any purpose that is unlawful or prohibited by our Terms of Use.
  • We reserve the right to expel users and prevent their further access to our web site  or applications for, among other things, violating our Terms of Use or the law. We also reserve the right to remove your submissions if we consider them to be abusive, disruptive, illegal or otherwise in violation of our Terms of Use.
  • If fraudulent activity is suspected we reserve the right to freeze or eliminate your account.
  • We may change, suspend or discontinue any aspect of the web site or applications at any time.
  • We own any content that you submit through the Site.
  • We are not responsible for things that might happen to you as a consequence of your use of our web site or applications. You use our web site and applications at your own risk.

 

Web Site and Applications Terms and Conditions of Use

Effective Date: June, 2013

This web site and its affiliated sub-domains and applications (“Site”) are offered to you/user conditioned upon your acceptance without modification of the terms and conditions contained herein (the “Terms of Use”). Purchased Corporation (“Company”) may change or modify these Terms of Use, in whole or in part, at any time by updating this posting without prior notice to users. By accessing, browsing and/or using this Site, including all content, software, functions, services, materials and information made available on or accessed through the Site, whether you are a “Visitor” (which means that you simply browse the Site) or a “Registered User” (which means that you have registered with the Company), you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. The term “you” or “user” as used in these Terms of Use refers to a Visitor or a Registered User. The materials provided on this Site are protected by law, including, but not limited to United States copyright laws and international treaties. This Site is operated by the Company from its offices within the United States. The Company makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS SITE.

Privacy Policy

The Privacy Policy associated with this Site, located at www.purchased.com/privacy-policy/ and incorporated herein by reference, governs disclosures relating to the collection and use of information, including personally identifiable information collected on the Site by the Company. By using the Site, you signify your assent to our Privacy Policy. If you do not agree with our Privacy Policy, please do not use our Site.

Registered Users

When registering with the Company to create an account, you agree to provide accurate and complete registration information, including, without limitation, your legal name, age, address and telephone number. Your login name cannot be vulgar or otherwise offensive, or be used in any way that violates these Terms of Use. You agree not to provide false information during the registration process. We expect all users to refrain from revealing their password to other users. You agree not to use the account, user name, or password of another Registered User at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your user name and/or password. You are solely responsible for any and all use of your account, any and all activities that occur under your account and for the security of your user name, password and computer system.

If you no longer wish to be a Registered User, you may delete your account by sending us an e-mail at help@purchased.com. We will use reasonable efforts to ensure that your account is deleted from our records.

Sweepstakes and Rewards

Users may be able to participate in Sweepstakes and receive rewards available on the Site. You must follow the rules of participation to be eligible for sweepstakes or rewards. Company reserves its right to disqualify you from eligibility if you are suspected of fraudulent activity or if you do not participate as required. Company may freeze or eliminate your account if fraudulent activity is suspected, or if you do not participate as required.

Proprietary Rights

The contents on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and other material (collectively the “Materials”) are protected under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of the Company or its licensors. Subject to your full compliance with these Terms of Use, the Company authorizes you to view the Materials on the Site and download a single copy of them, but only for your own lawful, personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. Any rights not expressly granted herein are reserved.

You may not, without the Company’s permission, “mirror” any Materials contained in this Site or any other server. In addition, certain content, functions, services, materials and information made available on or accessed through the Site may be subject to additional posted guidelines or terms and conditions, all of which are hereby incorporated herein by reference (“Additional Terms”). The use of such content, functions, services, materials and information is conditioned on your agreement to be bound by the Additional Terms.

Software Licenses

Any software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated terms and conditions of use accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.

Prohibited Uses

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

You agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial e-mail; (b) disseminate, post, upload, input or submit material that is, in whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party; (c) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (d) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (e) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (f) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (g) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of these Terms of Use.

You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not use an automated software program, spider, web-crawler, computer “robot” or other program to access the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.

User Representations

You represent and warrant to the Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations hereunder; (b) all information provided by you to the Company is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Use; and (d) you, to the extent applicable, have provided and will provide accurate and complete registration information, including, without limitation, your legal name, age, address, telephone number and e-mail address.

User Submissions

All communications, including survey responses, remarks, photographs, video and audio, that you post, upload, input or submit to the Site by any means (Submission), are the property of the Company. Without limitations, Company will have exclusive ownership of all rights to the Submission. Any Submission will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Company for any purpose whatsoever and without restrictions, except where prohibited by law. .You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy, rights of publicity, moral rights, and rights of attribution in connection with such Submission. Notwithstanding the foregoing, the Company is not required to use any Submissions or to compensate you for use of any Submission.

You warrant and represent that you shall not transmit, post, upload, input or submit to this Site any Submission that is, or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any information or material posted, uploaded, input or submitted to this Site by users or endorse any statements, representations or opinions expressed by users. Any user’s reliance on information or material posted, uploaded, input or submitted to this Site by other users shall be at user’s own risk.

The Company is not responsible for screening or monitoring information or material posted, uploaded, input or submitted to this Site by users. If notified by a user of information or material posted, uploaded, input or submitted to this Site allegedly in violation of these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove such information or material. The Company shall have no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Site for violating these Terms of Use or the law and the right to remove Submissions that are abusive, illegal, or disruptive.

Updates to Personal Information

If you wish to change or modify information previously provided to us, you may do so by sending us an e-mail at help@purchased.com. We will use reasonable efforts to ensure that your information is corrected or updated in our records.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and their respective its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable costs and attorneys’ fees, arising out of or relating to your Submissions, use of the Site, including any content, software, functions, services, materials and information made available on or accessed through the Site, or breach of these Terms of Use. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

Links to Third-Party Web Sites

This Site may contain links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents or use of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, association, or affiliation with the linked site, or endorsement of the contents on such sites, by us. If you decide to access linked third party web sites, you do so at your own risk.

Changes

The Company may change, suspend or discontinue any aspect of the Site at any time, including the availability of any content, software, functions, services, materials and information made available on or accessed through the Site. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Site without prior notice or liability.

The Company reserves the right, at its sole discretion, to change these Terms of Use, in whole or in part, at any time by updating this posting without prior notice to users. Changes to these Terms of Use will be effective when posted. Your continued use of this Site following the posting of any change shall constitute your acceptance thereof.

DISCLAIMER OF WARRANTIES

THE COMPANY DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE, INCLUDING ANY MATERIALS. CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SITE OR ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE SHALL BE AT YOUR SOLE RISK. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS, HOWEVER ARISING, FROM USE OF, OR RELIANCE ON THE SITE OR ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.

NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO THE SITE, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANY, ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. THE COMPANY MAKES NO WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, OR THAT ERRORS WILL BE CORRECTED. NOR DOES THE COMPANY MAKE ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED FROM THE SITE, OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THIS AGREEMENT, THE SITE, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU USE THE SITE, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Applicable Law

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of laws. Any litigation arising from or relating to these Terms of Use or its subject matter will be filed and prosecuted before a court of competent subject matter jurisdiction in Boston, Massachusetts, the parties consent to the jurisdiction of such courts over them, and stipulate to the convenience, efficiency and fairness of proceeding in such courts.

Right to Terminate

The Company reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.

Export Control

The United States controls the export of products and information. Users agree to comply with such restrictions and not to export or re export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, users are agreeing that they are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. Users are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re export of the Materials.

Miscellaneous

This Site is based in the Commonwealth of Massachusetts, United States of America. The Company makes no claims the Site or any of the content, software, functions, services, materials and information made available on or accessed through the Site, are appropriate or may be downloaded outside of the United States. Access to the may not be legal by certain persons or in certain countries. Users that access the Site from outside of the United States do so at their own risk and are responsible for compliance with the laws of their jurisdiction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and the Company with respect to the use of the Site and the subject matter hereof. Users’ rights and obligations hereunder may not be transferred, assigned or delegated in any way by user. If any provision contained herein is held to be illegal or unenforceable by a court having competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and other provisions shall remain in full force and effect. The Company may provide any notices hereunder via e-mail to all users. No delay or omission by the Company in exercising any right under these Terms of Use will operate as a waiver of that or any other right.