BY USING THE CARTBOUND WEBSITE, YOU, UNDERSTAND AND UNCONDITIONALLY AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS OF SERVICE YOU ARE ADVISED TO NOT ENTER OR USE THE CARTBOUND WEBSITE.
Definitions: The following terminology applies to this Terms of Service Agreement:
"Agreement" – Cartbound's current Terms of Service Agreement posted on the Cartbound Website.
"Cartbound" – Cartbound Corp., a Colorado corporation.
"Cartbound Data Services" – a web database service of product prices hosted on our servers.
"Cartbound Services" – a combination of the Cartbound Data Services and the Cartbound Website.
"Cartbound Website – http://www.cartbound.com, this website.
"Providers" – third party companies that offer the products or similar products that you are shopping for, network affiliate firms like Commission Junction, LinkShare, and Google Affiliate Network that determine the source of referring websites, and research firms that create analytics to improve a retailer's website performance and a consumer's experience.
"User" – you, the user.
Our Offering: Cartbound Services are designed to help you compare products and prices while you shop online. When you visit the Cartbound Website, Cartbound provides the ability to search for additional deals and better prices on thousands of products. Cartbound Services only supports certain retailers and their websites. The "Who We Track" website list is updated from time to time and is available at http://www.cartbound.com/SupportedRetailers. When searching for a product, the Cartbound Website sends the product information you are looking for to our Cartbound Data Services in order to search for price information and alternative deals available.
Updates and Modifications: Cartbound reserves the right, at its discretion, to modify, discontinue or terminate the Cartbound Services or to modify the terms of this Agreement, at any time and without prior notice. If Cartbound modifies the terms of this Agreement it will post the modification on the Cartbound Website. Cartbound will also update the "Last updated on" date at the bottom of this page. By continuing to use the Cartbound Services after Cartbound has posted a modification on the Cartbound Website, you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the Cartbound Services. You can review the most current version of this Agreement at any time at http://www.cartbound.com/TermsOfService.
Without limiting any other terms of this Agreement, Cartbound reserves the right in its discretion to correct possible errors or bugs in the Cartbound Services and, more generally, to add new elements, modify, discontinue or change the Cartbound Services or any part thereof at any time and without notice to you.
Grant of Rights and Restrictions: Cartbound hereby grants you a limited, non-exclusive, non-transferable license to access and use the Cartbound Services within the United States in accordance with these Terms of Services. Cartbound grants you this limited license for your personal use only. This license does not include any rights to (a) sell, resell, license or otherwise commercially use the Cartbound Services, (b) modify, adapt, or create derivative works from the Cartbound Services, or (c) reverse engineer, decompile or disassemble any of the Cartbound Services.
You agree not to use the Cartbound Services in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Cartbound Services to invade the privacy of third parties, transmitting or uploading abusive, profane, libelous, slanderous, threatening or otherwise harassing material via the Cartbound Services, transmitting or uploading any viruses, worms, "Trojan Horses" or other similar materials onto the Cartbound Data Services or the Cartbound Website, or reproducing, sending or distributing to or through the Cartbound Services any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. You expressly agree not to damage, alter or modify the Cartbound Services or any content thereof.
Intellectual Property: The Cartbound Services are the intellectual property of Cartbound. You acknowledge that you do not create any ownership rights through use of the Cartbound Services. Any shopping list, search result, compilation, or other information created from your use of the Cartbound Services is the intellectual property of Cartbound.
Removal of Cartbound Services: If you desire to close your account with Cartbound or remove the Cartbound Shopping List from your browser software, you may select "Close this Account" from the profile menu and click the "I'm Sure" button. You can uninstall the Cartbound Shopping List application by using the "Uninstall Program" feature from the Microsoft Windows Control Panel.
Third Party Content: Cartbound may provide a hyperlink, open another browser window or other form of display for you while you browse the Internet for various products or services. Cartbound may then provide you with alternative options for such products or services from various Providers, and with hyperlinks to such Providers' websites. You understand and agree that by opening the hyperlink or browser window with alternative options, Cartbound does not in any way imply, suggest, or constitute any sponsorship or recommendation of any such website. Nor does this indicate any affiliation between such other website and Cartbound. In addition, you understand that by opening the hyperlink or browser window with alternative Providers' products or services offerings, Cartbound does not in any way imply, suggest, or constitute any sponsorship of, approval of, recommendation, or affiliation among such alternative Providers and the website you are currently browsing. You agree that Cartbound shall not be liable or responsible in any way for any of the content displayed on the Providers' websites, including without limitation the completeness, accuracy and timeliness of information that Cartbound may aggregate for you from such Providers or their websites.
Availability: Cartbound does not warrant that the Cartbound Services will be available 24-hours per day, 7-days per week. If your access to the Cartbound Services is suspended or interrupted or a fault or defect occurs which prevents your access to the Cartbound Services, Cartbound will attempt to restore access to the Cartbound Services.
DISCLAIMER OF WARRANTIES: THE CARTBOUND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT USE OF THE CARTBOUND WEBSITE AND CARTBOUND DATA SERVICES IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY CARTBOUND. CARTBOUND MAKES NO WARRANTY THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE CARTBOUND SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
LIMITATION OF LIABILITY: IN NO EVENT WILL CARTBOUND BE LIABLE TO ANY USER OF THE CARTBOUND SERVICES OR OTHER PARTY AFFECTED BY THE CARTBOUND SERVICES FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE, OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE CARTBOUND SERVICES, EVEN IF CARTBOUND WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE ABOVE LIMITATIONS OF LIABILITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Acknowledgments Regarding Information and Content: User acknowledges and agrees that the information you will be exposed to, or receive, or use with the Cartbound Services, and/or the content including, but not limited to text, graphics, pictures, links, bookmarks, websites, advertisements, products, goods, or services, is not reviewed, controlled, examined, verified or endorsed by Cartbound in any way (even if Cartbound receives remuneration for such information) and are the sole responsibility of the person or organization from whom such information originated. You will be solely responsible for all information that you download, upload, send or otherwise access via Cartbound Services. You will be responsible for securing adequate legal rights to store, link to, browse in, or otherwise make use of such information and for ensuring that such information complies with all applicable laws, including but not limited to, any and all proprietary rights of third parties, rules of copyright, secrecy, defamation, decency, privacy, security and export laws.
Appropriateness of Information: The information or data provided by and through the Cartbound Services may include objectionable or inappropriate material. By entering the Cartbound Website or using the Cartbound Data Services you undertake full responsibility for determining whether the information complies with your needs or sensitivities.
Indemnity: At Cartbound's request, the User agrees to defend, indemnify and to hold harmless Cartbound, its licensors, officers, directors and employees from any losses, claims and liabilities (including attorney's fees) which may arise from your use of any of the Cartbound Services or from your breach of this Agreement.
Export Law Assurances: You agree that you will comply with all applicable export laws, restrictions and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury and any other U.S. or foreign agency or authority. You agree not to export or re-export, or allow the export or re-export of the Cartbound Services in violation of any such law, restriction or regulation.
Support: If you have any questions regarding the use of the Cartbound Services, feel free to contact our support team at email@example.com.
Representations and Warranties: By using any Cartbound Services, you represent and warrant that: (a) you are at least 18 (eighteen) years of age and have the ability to read and understand the terms of this Terms of Services, and (b) you have read and agree to be bound by the Terms of Service.
Contact Us: If you have any questions or concerns about this Agreement, please feel free to contact us by email to firstname.lastname@example.org or write to us at:
Attn: Legal Department
PO Box 844
Broomfield, Colorado 80038
Last updated on: 3/12/14.