Terms of Use

Terms of Use

Website and Mobile Applications Terms and Conditions of Use

Effective Date: May 23, 2018

Purchased.com, Shopalongapp.com, and their affiliated sub-domains (collectively, the “Site”), together with any mobile applications, including the Shopalong mobile application (the “Mobile Apps”), are governed by these terms and conditions of use (“Terms of Use”) and form a binding agreement between users (“user,” “you,” or “your”) and Purchased Corporation (“Purchased,” “us,” “we,” or “our”). Purchased may change or modify these Terms of Use at any time, in whole or in part, without prior notice to users. By accessing, browsing, or using the Site or the Mobile Apps, including all content, software, functions, services, materials and information made available on or accessed through the Site or the Mobile Apps, whether you are a “visitor” (which means that you simply browse the Site or the Mobile Apps) or a “registered user” (which means that you have registered with Purchased), 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 materials provided on the Site or the Mobile Apps are protected by law, including but not limited to United States copyright laws and international treaties. This Site is operated by Purchased from its offices within the United States. Purchased makes no representation that materials in the Site or the Mobile Apps are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Please note that our collection, storage, and use of your information, including your Personal Information, is also governed by Purchased’s Privacy Policy, which is incorporated herein by this reference. If you do not accept these Terms of Use, including the Privacy Policy, please do not use the Site or the Mobile Apps.

REGISTERED USERS

When registering with Purchased 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 Purchased 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
privacy@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/or receive rewards (collectively, “Incentives”) available on the Site or the Mobile Apps. You must follow the rules of participation to be eligible for Incentives. Purchased reserves its right to disqualify you from eligibility if you are suspected of fraudulent activity or if you do not participate as required. Purchased may freeze or eliminate your account if fraudulent activity is suspected, or if you do not participate as required.

PROPRIETARY RIGHTS

The contents on the Site or the Mobile Apps, 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 Purchased or its licensors. Subject to your full compliance with these Terms of Use, Purchased authorizes you to view the Materials on the Site or the Mobile Apps 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 website or in a networked computer environment for any purpose is prohibited. Any rights not expressly granted herein are reserved. You may not, without Purchased’s permission, “mirror” any Materials contained on the Site or the Mobile Apps or any other server. In addition, certain content, functions, services, materials and information made available on or accessed through the Site or the Mobile Apps 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 or the Mobile Apps (“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 or the Mobile Apps for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to engage in unacceptable use of the Site or the Mobile Apps, which includes, without limitation, use of the Site or the Mobile Apps 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 the Mobile Apps 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 Purchased to be in conflict with the spirit or intent of these Terms of Use. You may not use the Site or the Mobile Apps in any manner that could damage, disable, overburden or impair the Site or the Mobile Apps, or interfere with any other party’s use and enjoyment of the Site or the Mobile Apps. You may not use an automated software program, spider, web-crawler, computer “robot” or other program to access the Site or the Mobile Apps. You may not attempt to gain unauthorized access to the Site or the Mobile Apps through hacking, password mining, or any other means.

USER REPRESENTATIONS

You represent and warrant to Purchased 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 Purchased is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Use; and (d) to the extent applicable, you 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 or the Mobile Apps by any means (each, a “Submission”), are the property of Purchased. Without limitations, Purchased will have exclusive ownership of all rights to all Submissions. Any Submission will be treated as non-confidential and non-proprietary, and may be disseminated or used by Purchased for any purpose whatsoever and without restrictions, except where prohibited by law. You hereby waive all rights to any claim against Purchased 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, Purchased 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 the Site or the Mobile Apps 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. Purchased does not represent or guarantee the truthfulness, accuracy, or reliability of any information or material posted, uploaded, input or submitted to the Site or the Mobile Apps 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 the Site or the Mobile Apps by other users shall be at user’s own risk. Purchased is not responsible for screening or monitoring information or material posted, uploaded, input or submitted to the Site or the Mobile Apps by users. If notified by a user of information or material posted, uploaded, input or submitted to the Site or the Mobile Apps allegedly in violation of these Terms of Use, Purchased may investigate the allegation and determine in good faith and its sole discretion whether to remove such information or material. Purchased shall have no liability or responsibility to users for performance or nonperformance of such activities. Purchased reserves the right to expel users and prevent their further access to the Site or the Mobile Apps for violating these Terms of Use or the law and the right to remove Submissions that are abusive, illegal, or disruptive.

INDEMNITY

You agree to defend, indemnify, and hold harmless Purchased, its affiliates, licensors and their respective 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 (a) Submissions; (b) use of the Site or the Mobile Apps, including any content, software, functions, services, materials and information made available on or accessed through the Site or the Mobile Apps; or (c) breach of these Terms of Use. You shall cooperate as fully as reasonably required in the defense of any claim. Purchased 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 Purchased.

CHANGES

Purchased may change, suspend or discontinue any aspect of the Site or the Mobile Apps at any time, including the availability of any content, software, functions, services, materials and information made available on or accessed through the Site or the Mobile Apps. Purchased may also impose limits on certain features and services or restrict your access to parts or all of the Site or the Mobile Apps without prior notice or liability. Purchased 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 the Site or the Mobile Apps following the posting of any change shall constitute your acceptance thereof.

DISCLAIMER OF WARRANTIES

PURCHASED DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR MOBILE APPS, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR MOBILE APPS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SITE OR MOBILE APPS, OR ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR MOBILE APPS SHALL BE AT YOUR SOLE RISK. PURCHASED 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 OR MOBILE APPS. PURCHASED RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE OR MOBILE APPS. PURCHASED MAY MAKE ANY CHANGES TO THE SITE OR MOBILE APPSAT ANY TIME WITHOUT NOTICE. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO THE SITE OR MOBILE APPS, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR MOBILE APPS. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND PURCHASED, 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. PURCHASED MAKES NO WARRANTIES THAT THE SITE OR MOBILE APPS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, OR SECURE, OR WILL OPERATE WITHOUT ERROR, OR THAT ERRORS WILL BE CORRECTED. NOR DOES PURCHASED MAKE ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED FROM THE SITE OR MOBILE APPS, OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE OR MOBILE APPS, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR MOBILE APPS. 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 PURCHASED 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, OR THE MOBILE APPS, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR MOBILE APPS, OR RESULTING FROM OR RELATING TO THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE OR MOBILE APPS, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR MOBILE APPS, 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 OR MOBILE APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PURCHASED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE AND MOBILE APPS, INCLUDING ANY MATERIALS, CONTENT, SOFTWARE, FUNCTIONS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR MOBILE APPS, 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.

DISPUTE RESOLUTION

All disputes arising under these Terms of Use shall be governed by and interpreted in accordance with the laws of Massachusetts, without regard to principles of conflict of laws. The parties to these Terms of Use will submit all disputes arising under this agreement to arbitration in Boston, Massachusetts, before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law Massachusetts. No party to these Terms of Use will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

CLASS ACTION WAIVER

Any arbitration or court trial, whether before a judge or jury or pursuant to judicial reference, related to any claim under these Terms of Use will take place on an individual basis, without resort to any form of class or representative action (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THESE TERMS OF USE. Regardless of anything else herein, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator.

RIGHT TO TERMINATE

Purchased reserves the right, in its sole discretion, to terminate your access to the Site or the Mobile Apps, 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. Purchased makes no claims that the Site or the Mobile Apps or any of the content, software, functions, services, materials and information made available on or accessed through the Site or the Mobile Apps, are appropriate or may be downloaded outside of the United States. Access to the Site or Mobile Apps may not be legal by certain persons or in certain countries. Users that access the Site or the Mobile Apps 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 Purchased with respect to the use of the Site or the Mobile Apps 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. Purchased may provide any notices hereunder via e-mail to all users. No delay or omission by Purchased in exercising any right under these Terms of Use will operate as a waiver of that or any other right.