Cartbound Corp.

Terms of Service Agreement

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.

  1. Definitions: The following terminology applies to this Terms of Service Agreement:

    1. "Agreement" – Cartbound's current Terms of Service Agreement posted on the Cartbound Website.

    2. "Cartbound" – Cartbound Corp., a Colorado corporation.

    3. "Cartbound Data Services" – a web database service of product prices hosted on our servers.

    4. "Cartbound Services" – a combination of the Cartbound Data Services and the Cartbound Website.

    5. "Cartbound Website – http://www.cartbound.com, this website.

    6. "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.

    7. "User" – you, the user.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. Authorization To Use Collected Information: If you elect to access and/or use the Cartbound Services, you hereby expressly authorize Cartbound and the Providers to: (i) analyze and store your shopping queries and results in order to perform relevant shopping searches for you and other users; (ii) contact Providers of alternative products and services, options or deals that might be relevant to your shopping query; (iii) serve as your shopping aggregator across numerous shopping related websites in order to compile data relevant to your search queries; (iv) open a new window, frame or other form of display on your computer; (v) display deals, offers and other search results based on your search queries; (vi) collect basic information about transactions performed via or facilitated through the Cartbound Services in order for Cartbound to receive its referral fee from the Providers; and (vii) take additional actions that Cartbound and any of the Providers determine necessary to accomplish the items described above provided these actions are in compliance with the terms of this Agreement and Cartbound's Privacy Policy.

  8. Third Party Advertising: Some of the content appearing in the Cartbound Services may be delivered to users by ad networks like Google DoubleClick, Bing Ads, Ad Choices and other web advertising companies. These third party advertising companies may collect non personal information about users' usage of the Cartbound Services, such as number of times they have viewed an ad and use that information to serve ads to users on the Cartbound Website, other websites, and other forms of media. The collection and use of such information and access of any third party websites are subject to such third party's privacy policy. If you choose to click on one of the offers, you will be redirected to the advertiser's website via cookies.

  9. 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.

    If you choose to purchase products or services, or register for or subscribe to services or promotions from a Provider or other third party, the arrangement shall be solely between you and such Provider or other third party, and is at your own risk. You should carefully review any applicable terms of use, rules, or other privacy policies of such Providers that may apply to the arrangement. Cartbound shall have no liability with respect to the acts or omissions of any such Providers or third parties.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. Privacy Policy: You acknowledge and agree that you have reviewed, understand, and agree to be bound by all of the terms and provisions of the Cartbound Privacy Policy as it appears on the Cartbound Privacy Policy page at http://www.cartbound.com/PrivacyPolicy.

  18. Assignment: You may not assign your rights and obligations under this Agreement or Privacy Policy for any reason. Cartbound may assign its rights and obligations under this Agreement and the Privacy Policy at any time.

  19. Termination: You may terminate your use of the Cartbound Services at any time. Your right to use the Cartbound Services will automatically terminate if you fail to comply with any provisions of this Agreement or the Privacy Policy. Cartbound may terminate your access to the Cartbound Services and terminate this Agreement at any time with or without cause. Section 1, 5, 7-18, 20, and 22 of this Agreement shall survive such termination.

  20. General: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to the principles of conflict of laws. Any action brought by either party arising out of or relating to this Agreement or the Privacy Policy shall be brought exclusively in the appropriate state or federal court in Denver, Colorado, and you irrevocably consent to the jurisdiction of such courts and venue in Denver, Colorado. Any cause of action or claim you may have must be commenced within one year after such cause of action or claim arises.

    If any provision of this Agreement or the Privacy Policy is determined by a court to be invalid or otherwise unenforceable, such determination will not affect the validity or enforceability of any other provision of this Agreement or the Privacy Policy. Any waiver of any breach or failure to enforce any provision of this Agreement or the Privacy Policy will not be deemed a future waiver of such term or waiver of any other provision.

    This Agreement and the Privacy Policy constitutes the entire agreement between the parties hereto with respect to the subject matter hereof.

  21. Support: If you have any questions regarding the use of the Cartbound Services, feel free to contact our support team at info@cartbound.com.

  22. 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.

  23. Contact Us: If you have any questions or concerns about this Agreement, please feel free to contact us by email to legal@cartbound.com or write to us at:

    Cartbound Corp.
    Attn: Legal Department
    PO Box 844
    Broomfield, Colorado 80038

Last updated on: 3/12/14.