PLEASE READ THIS VISITOR AGREEMENT CAREFULLY. BY USING Shop Smart Up North, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT. IF YOU DO NOT AGREE TO BECOME A PARTY TO AND BE BOUND BY THIS AGREEMENT, YOU WILL NOT HAVE THE RIGHT TO USE Shop Smart Up North. BY USING Shop Smart Up North, YOU (ALSO REFERRED TO AS "VISITOR") AGREE TO THE FOLLOWING TERMS OF THIS VISITOR AGREEMENT:
About Shop Smart Up North
Shop Smart Up North, the website owned and operated by Advanced Media International, LLC ("Shop Smart Up North"), is an online site that connects customers and advertisers. Shop Smart Up North provides users with advertisers' information of goods and services and promotional offers and may act as a reseller of certain advertiser trade items such as gift certificates ("trade items") . The information about and promotions relating to particular goods or services are provided and offered by the advertiser, and not by Shop Smart Up North. Shop Smart Up North acts only as a venue. The material that appears on Shop Smart Up North is for informational and advertising purposes only. Shop Smart Up North is not responsible for and does not guarantee the quality, suitability or performance of any such goods or services. Shop Smart Up North is not involved in the transaction between you and advertisers and does not control whether advertisers honor the promotional offers, trade items, or other information listed on Shop Smart Up North.
Visitor
If you are 18 years of age or older, you can become a member of Shop Smart Up North by filling out the necessary information. You agree that the information you supply during that registration process will be accurate and complete and that you will not (i) register under the name of, or attempt to enter the service under the name of, another person; or (ii) adopt a user name that Shop Smart Up North, in its sole discretion, deems offensive. Shop Smart Up North respects the privacy of its users. See our Privacy Policy.
Visitor Responsibilities
It is your responsibility to evaluate the accuracy, completeness or usefulness of any promotional offer, trade item, or other information available through Shop Smart Up North. You are responsible for confirming with the merchant any information you received through Shop Smart Up North before you purchase any goods or services. If you use or purchase the services, trade items, or information made available through Shop Smart Up North, you must use your own judgment in completing the sale or other transactions with advertisers. You are also responsible for complying with all applicable laws. You release Shop Smart Up North from all claims, losses or liabilities related to your use or purchase of the services, offers, trade items, or information on Shop Smart Up North, any related transactions or any alleged misrepresentation or breach of an advertiser and agree to indemnify and defend Shop Smart Up North against all claims, losses or liabilities related to your use or purchase of the services, offers, trade items, and information on Shop Smart Up North, and any related transactions. You represent and warrant that all information supplied to Shop Smart Up North, including name, age, and e-mail address, is accurate and personal to you. You agree that you shall not use Shop Smart Up North on behalf of yourself or any other person or entity nor allow any other person or entity to use or gain access to Shop Smart Up North's services through you for any purpose other than your personal use. You further agree not to use Shop Smart Up North's services to conduct any non-personal or commercial competitive analysis of services or products offered by advertisers.
Linked Websites
Shop Smart Up North contains links to other websites that are not operated by Shop Smart Up North. Shop Smart Up North does not control these websites and is not responsible for the content or services available on the linked websites. The existence of such links shall not be construed as an endorsement of the material appearing on such sites.
Ownership
Shop Smart Up North and/or its agents, licensers, site sponsors, participating advertisers, media affiliates, and other content providers retain all rights to the applicable services, promotional offers, advertisements and the related text and graphics displayed on or accessed via Shop Smart Up North. All trademarks, logos, service marks and corporate identifiers ("Marks") displayed on Shop Smart Up North are the property of Shop Smart Up North and/or its agents, licensers, site sponsors, participating advertisers, media affiliates and other content providers. Visitors are prohibited from using any Marks without the written permission of Shop Smart Up North as well as such third party which may own the Marks. All content on Shop Smart Up North is protected by copyright and, other than for personal and non-commercial purposes, Visitors are prohibited from modifying, using, publishing, distributing, transmitting, displaying, reproducing, selling, licensing, creating derivative works from, or otherwise exploiting any of the content of Shop Smart Up North.
SUBMISSIONS
All non-personally identifiable information submitted to
Shop Smart Up North via this Web site's collection forms shall be deemed and
remain the property of Shop Smart Up North. By submitting any ideas, comments,
suggestions, or questions to Shop Smart Up North, you automatically grant
Shop Smart Up North license to use, reproduce, adapt, modify, translate,
distribute, display, or incorporate such submissions in any form, medium or
technology now known or later developed. Shop Smart Up North shall not be subject
to any obligations of confidentiality regarding submitted non-personally
identifiable information except as specifically agreed by Shop Smart Up North or
required by law. If you have questions or concerns regarding this statement, you should first contact Shop Smart Up North via mail at 319 State Street
Petoskey, MI
49770.
Disclaimer of Warranties and Limitation of Liability
THE SERVICES, PROMOTIONAL OFFERS, TRADE ITEMS, INFORMATION ON Shop Smart Up North (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, PROVIDED BY OR ADVERTISED ON Shop Smart Up North) ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Shop Smart Up North DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF Shop Smart Up North's CONTROL. Shop Smart Up North DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, FREE FROM ERROR, DEFECTS OR VIRUSES, AVAILABILITY AND NON-INFRINGEMENT. Shop Smart Up North SHALL NOT BE LIABLE HEREUNDER (I) IN EXCESS OF THE FEES PAID BY YOU IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO SERVICES, OFFERS, TRADE ITEMS, INFORMATION ON Shop Smart Up North, ANY TRANSACTIONS MADE AFTER USE OF Shop Smart Up North, ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH Shop Smart Up North, OR ANY OFFER MISREPRESENTED OR NOT FULFILLED BY AN ADVERTISER.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE, AVAILABLE TO YOU.
Changes
Shop Smart Up North may modify its site, services or this agreement at any time by changing this Agreement or other information on Shop Smart Up North. Such modification includes, without limitation, restricting access, suspending, or discontinuing service, changing the rules of use, and terminating your use. By using Shop Smart Up North after such changes, you agree to be bound by this Agreement, as modified.
Miscellaneous
This agreement shall be construed in accordance with the laws of the State of Maine, excluding conflict of laws provisions. The parties shall bring any cause of action arising under this Agreement in a court in the State of Maine. Access to and use of Shop Smart Up North are subject to all applicable United States and foreign laws and regulations, including export laws. If any provision herein is held to be illegal or unenforceable, that provision shall be limited the minimum extent necessary so that it is enforceable. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior agreements. A waiver of a provision of this Agreement shall not constitute a waiver of any other provisions. The headings are for convenience only and do not modify any provisions.
BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THIS VISITOR AGREEMENT.
Last Updated: May 16, 2008