Terms of Use
Effective Date: July 24, 2024
AddShoppers, Inc. is excited to make available www.addshoppers.com and get you started using our products and tools, but our lawyers (!) required us to add the following website terms and conditions of use. Please read over them carefully. By accessing our website, or creating an account, you agree to these terms and conditions just as if you signed a contract in person. If you have any questions, please let us know.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION IN SECTION 17, BELOW, WHICH MAY IMPACT YOUR RIGHTS TO GO TO COURT OR TO BRING OR PARTICIPATE IN A CLASS ACTION.
1. The Basics, and some definitions
These Terms of Use (“Terms of Use”) govern your use of our https://www.addshoppers.com/ website (the “Site”) and related products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively with the Site, the “Services”), which are owned or operated by AddShoppers, Inc., a Delaware corporation (“AddShoppers”, “we”, “our” or “us”).
These Terms of Use, and our Privacy Policy, available at https://www.addshoppers.com/privacy, together with any executed agreement between you and us granting you access to our services and technologies (each, a “Services Agreement”), are incorporated by reference in these Terms of Use. Please read these Terms of Use and our Privacy Policy carefully before you access the Services, as these Terms of Use form a binding legal agreement between you and AddShoppers. Other than any Services Agreement, these Terms of Use supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the contents and materials provided by or through the Services. In the event of a conflict between these Terms of Use and a Services Agreement, the Services Agreement shall prevail.
These Terms of Use may apply to you individually, the business or other legal entity user you represent, or both. If you are using the Site or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms of Use on behalf of such entity. By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms of Use; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms of Use and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms of Use.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE ADDSHOPPERS PRIVACY POLICY.
2. Overview of Services; Disclaimer
Here at AddShoppers it is our vision to be a trusted digital commerce platform for brands and shoppers; known for creating delightful experiences that save people time and money. The specific features and functionality of our Services are dynamic and may change from time to time.
We reserve complete and sole discretion with respect to the operation of our Services. We reserve the right to change terms and warranties without notice. We also reserve the right to modify, suspend, or discontinue the Services at any time.
3. Acceptance of Terms
By accessing the Services or using any part of the Site or Services, you agree to become bound by these Terms of Use. If you do not agree to all of these Terms of Use, then you may not access the Services or use the content or any services in the Site.
4. Your Eligibility; Your Responsibility
To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to AddShoppers; (v) have full power and authority to enter into these Terms of Use and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of AddShoppers or a third party.
You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Multiple-party use is prohibited.
5. Intellectual Property and Data Rights
a. License Grant
Subject to these Terms, AddShoppers hereby grants to you a nonexclusive, revocable, limited, non-transferable, non-sublicensable license to allow you and your authorized users (the “Authorized Users”) to use the Services. Your rights in the Services will be limited to the limited license expressly granted in this Section. AddShoppers reserves all rights and licenses in and to the Services not expressly granted to you under these Terms.
You do not acquire any ownership interest in the Services under these Terms of Use, or any other rights thereto other than a limited right to use the Services for your individual or business non-commercial purposes subject to these Terms of Use. AddShoppers and its licensors and service providers reserve and retain all rights, titles, and interests in and to the Services, its underlying technologies, and all related intellectual property rights, including without limitation any modifications, updates, customizations, cards, apps, or other add-ons. Your rights to use the Services on are limited to those expressly set forth in these Terms of Use. We reserve all other rights in and to the Services and its underlying technologies.
b. Feedback
The Services may permit you to or you may otherwise submit feedback, user community contributions and comments, technical support information, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the Services. You grant to us a royalty-free, fully-paid, non-exclusive, perpetual, irrevocable, worldwide, transferable license to display, use, copy, modify, publish, perform, translate, create derivative works from, sublicense, distribute, and otherwise exploit such content without restriction.
c. Data Rights and Privacy
By submitting information to us, you consent to its use in accordance with our Privacy Policy, which is incorporated into these Terms of Use by this reference. Use of AddShoppers’s enterprise services is subject to the applicable Services Agreement between us and may contain additional terms regarding data rights and privacy.
6. Use of the Services
We may change, suspend, discontinue, or restrict your access to the Services or any part of it at any time. You are prohibited from: (a) using our Services, including its services and/or tools, if you are temporarily or indefinitely suspended from using our Services; (b) seeking to collect information about users through the Services in an unauthorized manner or seek to circumvent security controls on the Services; (c) posting or sharing false, inaccurate, misleading, defamatory, or libelous content; (d) taking any action that may damage the Services or our systems; (e) taking any action that may violate any federal, state, or local laws or statutes of the United States of America and its territories; (f) interfering with or disrupt the integrity or performance of any Services; (g) permitting direct or indirect access to or use of any Service in a way that circumvents a usage limit; (h) defaming, abusing, harassing, stalking, threatening any individual or infringe or otherwise violate the legal rights (such as rights of privacy, publicity and intellectual property) of others or AddShoppers; (i) distributing any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortuous, indecent, unlawful, or otherwise objectionable material or information (including any unsolicited commercial communications); (j) engaging in or encourage any conduct that could constitute a criminal offense or give rise to civil liability for AddShoppers; (k) misrepresenting or in any other way falsely identifying your identity or affiliation, including through impersonation or altering any technical information in communications using the Services; (l) transmiting or uploading any material through the Services that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing AddShoppers’s, or any other person’s or entity’s, network, computer system, or other equipment; (n) attempting to gain unauthorized access to the Services, other AddShoppers customers’ computer systems or networks using the Services through any means; (o) interfering with another person’s use of the Services (p) taking any action that may violate any international laws or treaties; (q) removing, deleting, altering, or obscuring any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; or (r) removing, disabling, circumventing, or otherwise creating or implementing any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Services.
7. Your Content
As between you and AddShoppers, you own the information, materials, photos, or any other content (the “Content”) that is provided by you to us. Personal information, including as part of suppression lists and data management requests you upload to the Site shall be “Content.” Any Content that you upload or otherwise provide to AddShoppers in connection with the Services may be used by AddShoppers in order to provide the Services. Accordingly, by uploading or providing Content, you grant to AddShoppers, and all of its subsidiaries, affiliates, successors, and assigns, a worldwide, perpetual, royalty-free, fully paid, sublicensable, non-exclusive, and transferable right to use, publish, reproduce, distribute, modify, prepare derivative works of, adapt, publicly display and otherwise use the Content as necessary to provide the Services. Notwithstanding the foregoing, you retain all rights to the Content, except as otherwise provided herein or as otherwise provided in any other agreement between you and AddShoppers. Any Content you submit to us or provide us access to is provided at your own risk of loss. You are solely responsible for all Content you share, provide, display, publish, or disseminate to others, whether such action was taken by us or you. By providing Content to us, you represent and warrant that you are entitled to submit it and grant the above licenses to it, and that it is not confidential and not in violation of any law, contractual restrictions, or other third-party rights (including any intellectual property rights). AddShoppers may remove or delete your Content from the Services at any time at its sole discretion.
You represent and warrant that no Content includes any patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”) or any similar federal or state laws, rules or regulations (“Health Information”) or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted regarding data protection or privacy, including, but not limited to the Health Information Technology for Economic and Clinical Health Act, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act and the Gramm-Leach-Bliley Act. You acknowledge that AddShoppers is not a Business Associate or subcontractor (as those terms are defined in HIPAA). You further represent and warrant that your upload or delivery of Content: (i) is not in violation or breach of, and will not conflict with or constitute a default under, any material contract, agreement, or commitment binding upon you; (ii) will not conflict with or violate in any material manner, any applicable law, rule, regulation, judgment, order or decree of any government, governmental instrumentality or court having jurisdiction over you; and (iii) is in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, and all binding orders of any court, agency or other governmental body with appropriate authority and have obtained all applicable permits and licenses required of you in connection with to your obligations under these Terms.
8. Modifications of Terms of Use
Amendments to these Terms of Use can be made and effected by us from time to time without specific notice. Posting an updated version on the Site shall be deemed to be notified of these Terms of Use, and you should carefully review them from time to time for updates before you use our Services. We may assign our rights under these Terms of Use or the Services to anyone at any time.
9. Registration Information
By registering for our Services or setting up an user account to access our Services, you represent and warrant that all information you submit to us is true, accurate, current, and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. Creating a user account may be required to receive certain of our Services. You are required to maintain your login credentials in confidence and are responsible for all use or misuse of your account. Please notify us right away of any unauthorized activity. You are responsible for all activities and content that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the Site, our Services, or third parties during any visit to the Site shall be subject to the terms of our Privacy Policy.
10. Effective Term
These Terms of Use will remain in full force and effect while you use the Services, and afterward with respect to any surviving rights or obligations or yours or ours. You are free to discontinue using the Services, and any content available through or downloaded from the Services, at any time at your discretion.
11. Right to Restrict or Terminate Access
AddShoppers may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it determines that you have engaged in any conduct or activities that AddShoppers in its reasonable discretion believes violates the letter or spirit of any of these Terms of Use. If AddShoppers denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscription fees you have paid.
In the event that these Terms of Use or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms of Use. Following termination, you shall immediately cease use of the Services and any license or rights granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, AddShoppers reserves the right to delete all of your Content, data, and other information stored on AddShoppers’s servers. AddShoppers will not be liable to you or any third party as a result of the termination of these Terms of Use or the Services or for any actions taken by AddShoppers pursuant to these Terms of Use as a result of such termination. Without limiting the generality of the foregoing, AddShoppers will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.
You may terminate these Terms of Use by terminating your use of the Services and any related account. Any sections or Terms of Use which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms of Use will survive the termination of these Terms of Use and termination of the Services. Termination of these Terms of Use or the Services does not relieve you from your obligation to pay AddShoppers any amounts owed to AddShoppers.
12. SMS and Texting Disclosures
These SMS Services disclosures and terms, which includes messaging through third-party messaging applications that operate over the internet were last revised and have an effective date of: July 24, 2024.
If you provide your phone number for the purposes of receiving texts, either as part of signing up for one of our services or as part of applying for a position at AddShoppers, you agree to receive multiple text messages from AddShoppers (or its applicable division) over time. All messages will be from AddShoppers only; we will not allow third parties to send you messages through this number and will not sell or share you number with third parties for their own use. You will receive a confirmation text message to confirm your sign-up. If you do not receive a message, please check your phone settings to ensure you can send and receive from short code numbers. Message frequency varies. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system and may be sent using SMS, MMS or other technology. Consent to receive such messages is not required as a condition of purchasing any goods or services. If you change your mobile phone number, you agree to promptly update your information with AddShoppers so that we do not continue to send messages to a number not in your control. To stop receiving text messages, text the word STOP in response to any message. You may receive a final text confirming your opt-out. Text HELP for help.
The following carriers are supported: AT&T, Verizon Wireless, T-Mobile, U.S. Cellular, C-Spire Wireless, Google Voice, Google Fi, Clearsky, Interop. Mobile carriers are not liable for delayed or undelivered messages.
We may change this messaging policy from time to time, at our discretion. We will advise you of material changes to this messaging policy through our website or other means, and all amended terms shall automatically be effective as of the date of the amended policy (unless otherwise specified). Your continued participation with a text message program will be deemed to be acceptance of the policy, as revised.
13. Warranty Disclaimer and Exclusions / Limitations of Liability
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES OR CONTENT AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SERVICES OPERATES UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND, OR DISCONTINUE THE SERVICES OR ANY PART OF IT AT ANY TIME. THE INFORMATION, CONTENT, AND SERVICES ON THE SERVICES, INCLUDING ANY APPLICATIONS AND WIDGETS, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DO NOT MAKE ANY GUARANTEES THAT YOUR USE OF ANY CONTENT AVAILABLE THROUGH THE SERVICES WILL INCREASE YOUR SALES OR PRODUCTS OR SERVICES. WHEN YOU USE THE SERVICES, YOU UNDERSTAND AND AGREE THAT ALL USE OF THE SERVICES AND SITE CONTENT IS AT YOUR OWN RISK.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY SITE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM PERSONAL INJURY, DEATH, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES; OR (II) ANY AMOUNTS IN EXCESS OF THE GREATER OF: (A) $100 OR (B) THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Indemnification
You hereby agree to indemnify and hold AddShoppers and its directors, officers, members, employees, and agents harmless from all claims, damages, liabilities, actions, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (i) your use or misuse of the Services or any application or widget; (ii) Content, or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any applicable laws or rights of another; (iv) your negligent or more culpable conduct; or (v) any violation of these Terms of Use. We may, at our own expense, elect to assume the exclusive defense and control of any third party claim otherwise subject to defense by you. You may not settle or compromise any claim subject to this section without our prior written consent in our sole discretion.
15. Waiver
Our failure to insist upon strict performance of any of the terms, conditions and covenants of these Terms of Use shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of such terms, conditions or covenants, which terms, conditions, and covenants shall continue to be in full force and effect.
16. Severability of Terms
In the event that any provision of these Terms of Use is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms of Use shall remain valid and enforceable according to its terms.
17. Choice of Law; Disputes; Arbitration
These Terms of use are governed by North Carolina law, without reference to its conflicts of laws principles. Any dispute, claim or controversy arising under these Terms of Use or in connection with or in relation to the Services, or your use of the Services (collectively, “Disputes”), shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by a single arbitrator appointed in accordance with such Rules. The arbitration shall take place in Charlotte, North Carolina, in the English language and the arbitral decision may be enforced in any court. You hereby waive: (i) the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general; (ii) any claim of an inconvenient forum in Charlotte, North Carolina; and (iii) the right to recover indirect, consequential, special or punitive damages in connection with the use of the Services. All damages shall be limited to actual, out of pocket damages. Notwithstanding this arbitration provision, each party retains the right: (i) to bring an individual action in small claims court; (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, including without limitation a violation or threatened violation of the USE OF SERVICES section of these Terms of Use (the action described in the foregoing clause (ii), an “IP Protection Action”). AddShoppers reserves the right to seek injunctive or other relief in any court of competent jurisdiction as necessary to protect our rights. You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at help@AddShoppers.com or by regular mail to 15806 Brookway St. Suite 200, Huntersville, NC 28078 within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the County of Mecklenburg, State of North Carolina and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
18. Electronic Notices and Disclosures
You acknowledge and agree that AddShoppers may provide notices and other disclosures to you electronically by posting such notices or other disclosures on AddShoppers’s website or by emailing it to you at any email address provided to AddShoppers by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
19. Choice of Law; Disputes; Arbitration
No amendment to these Terms of Use by you shall be effective unless acknowledged in writing by AddShoppers. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms of Use is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms of Use will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms of Use without the prior written consent of AddShoppers. Any sections which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms of Use, will survive the termination of these Terms of Use and termination of the Services. All headings included in these Terms of Use are included for convenience only, and shall not be considered in interpreting these Terms of Use. These Terms of Use do not limit any rights that AddShoppers may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to AddShoppers, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to AddShoppers. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and AddShoppers, to claim a beneficial interest in these Terms of Use or any rights occurring by virtue of these Terms of Use. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms of Use.
If you have questions about these Terms of Use, please contact us by email at help@AddShoppers.com or our contact form.
Toll-free:
(877) 266-3548