COMMUNITY SHOPPER USER AGREEMENT
The following is the Community Shopper User Agreement Policy (“User Agreement”) and is intended to be incorporated with the Website Terms of Use that governs the relationship between You (“You” and “Your”) and Community Shopper, Inc. (“We” or “Community Shopper”) in relation to Your use of a Community Shopper website and/or services.
1. Scope of User Agreement and Acceptance
1.1 The Community Shopper websites and/or services may be used to facilitate transactions for the sale of goods or services between and amongst registered users (“Users”). Users are those who register or establish an online account with Community Shopper. A User ID auto-generated Community Shopper URL automatically gets created upon a User registering or establishing an online account with Community Shopper. Users may take the form of buyers and potential buyers (“Buyers”) and vendors (“Vendors”). Vendors are those that offer for sale goods or services to Buyers via a Community Shopper website or service.
1.2 It is understood that You are subject to the Website Terms of Use associated with the Community Shopper websites and/or services in which You have accessed. This User Agreement is incorporated with and forms a part of the Website Terms of Use (that also includes the Community Shopper’s Privacy Policy).
1.3 Before You may become a Buyer or a Vendor You must read and accept all of the terms in, and linked to, this User Agreement. This User Agreement defines the relationship between and amongst Community Shopper, Buyers and Vendors.
2. Most Current Terms
2.1 Community Shopper may make changes to this User Agreement from time to time at its sole discretion. When these changes are made, Community Shopper will make a new copy of the most current User Agreement available to You from within, or through, the affected Community Shopper website or services.
2.2 You understand and agree that if You use the affect Community Shopper website or services after the date on which the User Agreement, Community Shopper will treat Your use as acceptance of the updated User Agreement.
3. Using Community Shopper
While using Community Shopper websites, services and tools, You will not:
● post content or items in an inappropriate category or areas on our websites and services;
● violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items Policy;
● use our websites services or tools if You are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our websites, services or tools;
● fail to deliver payment for items purchased by You, unless the Vendor has materially changed the item's description after You commit to the offer, a clear typographical error is made, or You cannot authenticate the Vendor's identity;
● fail to deliver items purchased from You, unless the Buyer fails to meet the posted terms, or You cannot authenticate the Buyer’s identity;
● manipulate the price of any item or interfere with other users' listings;
● circumvent or manipulate our fee structure, the billing process, or fees owed to Community Shopper;
● post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
● take any action that may undermine the feedback or interest level systems (such as displaying, importing or exporting feedback information off of the websites or using it for purposes unrelated to Community Shopper);
● transfer Your Community Shopper account (including feedback) and User ID to another party without our consent;
● distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
● distribute viruses or any other technologies that may harm Community Shopper, or the interests or property of Community Shopper users;
● export or re-export any Community Shopper tools except in compliance with the export control laws of any relevant jurisdictions;
● copy, modify or distribute rights or content from the Community Shopper websites, service or tools or Community Shopper’s copyrights and trademarks; or
● harvest or otherwise collect information about users, including email addresses, without their consent.
4. Abusing Community Shopper
4.1 Community Shopper and Users work together to keep our websites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us by writing to policy@communityshopper.com.
4.2 Community Shopper’s Intellectual Rights Protection program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If You believe that Your rights have been violated, please notify our team at policy@communityshopper.com and We will investigate.
4.3 Without limiting other remedies, We may limit, suspend or terminate our service and user accounts, prohibit access to our websites and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the websites if We think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Community Shopper websites, services or tools.
5. Community Shopper Purchase Protection
Buyers and Vendors share the responsibility of making sure purchases facilitated by Community Shopper are exciting, rewarding and hassle-free. We strongly encourage Buyers to work with Vendors before opening a claim relating to a purchase. When a Buyer doesn't receive an item or the item doesn't match what was described, and the Vendor doesn't provide adequate resolution to the Buyer, Community Shopper will reimburse the Buyer subject to the conditions, exclusions and coverage limitations of the Community Shopper Purchase Protection Policy. Community Shopper will reimburse the Buyer up to the full purchase price plus shipping and other specific transaction costs paid by the Buyer to the Vendor, as described in the Community Shopper Purchase Protection Policy. The Community Shopper Purchase Protection Policy is part of this Agreement and incorporated by reference.
6. Buyer Obligations
6.1 Buyers agree to file claims in accordance with the conditions, exclusions and coverage limitations as further explained in the Community Shopper Purchase Protection Policy.
6.2 Buyers who Community Shopper believes are abusing the program or a Vendor, attempting to commit or committing fraud, or attempting to unjustly benefit from the program Community Shopper reserves the right to temporarily, indefinitely or permanently suspend the Community Shopper Purchase Protection Policy immediately if We suspect abuse, excessive claims, tampering, or interference with the proper working of the policy.
6.3 Community Shopper Purchase Protection does not cover certain types and categories of goods or services, false, abusive or illegitimate claims, or transactions where You have been or may be compensated from another third party. Please read the Community Shopper Purchase Protection Policy for more details.
7. Vendor Obligations
7.1. Vendors agree to follow the program requirements as explained in the Community Shopper Purchase Protection Policy.
7.2 All Vendors with an open claim must work in good faith to resolve the claim, refund money and/or provide a replacement item, and accept a return of the item as explained by the Community Shopper Purchase Protection Policy.
7.3 If a Vendor does not resolve a claim, the Vendor agrees to pay Community Shopper the amount paid by Community Shopper to the Buyer in accordance with the Community Shopper Purchase Protection Policy. Community Shopper will invoice the Vendor for these amounts and Vendor agrees to pay Community Shopper in accordance with the invoice terms.
8. Obligations with respect to Allegedly Non-Authentic Items
8.1 For covered claims that meet the conditions and are not excluded, Buyers are required to destroy an item if they claim it is not authentic. Once a Buyer confirms destruction of the item, Community Shopper will reimburse the Buyer as explained by the Community Shopper Purchase Protection Policy.
8.2 For covered claims that meet the conditions and are not excluded, Vendors agree to not hold Buyers or Community Shopper responsible for the destruction of an item if it is not believed to be authentic.
9. Fees and Services
9.1 Joining Community Shopper and submitting interest levels for listed offers is free. We do charge fees for using other services, such as listing offers. When You list an offer or use a service that has a fee, You have an opportunity to review and accept the fees that You will be charged based on our Fees schedule which is available to you upon request through an email to info@communityshopper,com, which We may change from time to time. Changes to that schedule are effective after We provide You with at least fourteen days’ notice by posting the changes on the Community Shopper website. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when We post the temporary promotional event or new service on the websites.
9.2 Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our websites and services in a timely manner with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from Your account balance.)
10. Content
When You give us content, You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) You have in the content, in any media known now or in the future.
11. Limitation of Liability
11.1 You will not hold Community Shopper responsible for other Users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that We are not a traditional advertising organization. Instead, the Community Shopper websites and services are a venue to allow anyone registered Vendor to submit offers, and to buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between Buyers and Vendors. While We may help facilitate the resolution of disputes through various programs, We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Users’ content or listings, the ability of Vendors to sell items, the ability of Buyers to pay for items, or that a Buyer or Vendor will actually complete a transaction or return an item. For certain categories, particularly motors and real estate, acceptance of an offer initiates a non-binding transaction representing a Buyer’s serious expression of interest in buying the Vendor’s item.
11.2 We do not transfer legal ownership of items from the Vendor to the Buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the Buyer by the Vendor. Unless the Buyer and the Vendor agree otherwise, the Buyer will become the item’s lawful owner upon physical receipt of the item from the Vendor, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2).
11.3 We cannot guarantee continuous or secure access to our websites, services or tools, and operation of our websites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, We exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of Your use of or Your inability to use our websites, services and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. Regardless of the previous paragraphs, if We are found to be liable, our liability to You or to any third party is limited to the greater of (a) the total fees You paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
12. Release
If You have a dispute with one or more Users, You release Community Shopper (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 You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
13. Indemnity
You will indemnify, defend and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of this Agreement, or Your violation of any law or the rights of a third party.
14. Notices
Except as explicitly stated otherwise, legal notices shall be served on Community Shopper’s national registered agent (in the case of Community Shopper) or to the email address You provide to Community Shopper during the registration process (in Your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
15. Complaints
In accordance with Cal. Civ. Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Additional Terms
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites:
Each of these policies may be changed from time to time. Changes take effect when We post them on the Community Shopper website. When using particular services on our websites, You are subject to any posted policies or rules applicable to services You use through the websites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Copyright © 2009 Community Shopper, Inc. All Rights Reserved. Designated trademarks and brands are the property of their respective owners.
Use of this Web site constitutes acceptance of the Community Shopper Terms of Use, User Agreement, and Privacy Policy