Your permission to use this Website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
• use the Website for any unlawful purpose or for the promotion of illegal activities;
• provide false or inaccurate information when signing up;
• interfere or attempt to interfere with the proper functioning of the Website;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
ONLINE CONTENT DISCLAIMER
Her Shopping Lists and any other third parties do not guarantee the accuracy, completeness, or usefulness of any information or materials on this Website. You acknowledge that such information and materials may contain inaccuracies or errors. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on this information or materials to the fullest extent permitted by law. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
LINKS TO OTHER SITES AND/OR MATERIALS
Her Shopping Lists may provide you with convenient links to third party web site(s) as well as content or items belonging to or originating from third parties. These links are provided for your convenience to provide further information. We have no control over Third Party Sites content, materials, information, goods or services available on these Third-Party Sites. Such Third-Party Sites content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party Sites accessed through this website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites. Inclusion of, linking to any Third Party Site does not imply approval or endorsement thereof by Her Shopping Lists.
If you decide to leave this Website and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringe Accounts. Her Shopping Lists respects the intellectual property rights of others and requests that the users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to Her Shopping Lists:
• The date of your notification;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to this Website, including applicable copyrights, trademarks, and other proprietary rights. Other product and business names that are mentioned on Her Shopping Lists may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement. This Website and its contents are intended solely for your personal, non-commercial use.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Website’s e-mail and messaging system, will not constitute legal notice to Her Shopping Lists or any of its officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about Her Shopping Lists and special promotions. You may opt-out of such an email by changing your account settings or sending an email to Her Shopping Lists.
Opting out may prevent you from receiving messages regarding Her Shopping Lists or Special promotions.
THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING THIS WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HER SHOPPING LISTS MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, OR OTHER INFORMATION CREATED BY HER SHOPPING LISTS OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HER SHOPPING LISTS, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THIS WEBSITE OR ANY OTHER USER OF THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you have a dispute with one or more users or a merchant of a product or service that you review using this Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Her Shopping Lists to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Her Shopping Lists must commence within ONE year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.