Terms & Conditions

ShopPass LLC

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the 'Site'), you ('you' or the 'End User') agree to the terms and conditions that we ('ShopPass ') have provided. If you do not wish to agree to these terms and conditions (the 'Terms of Use' or 'Agreement'), please refrain from using the Site. I.TERMS OF USE 1. General.
The Site provides an interactive online service operated by ShopPass LLC on the World Wide Web of the Internet (the 'Web'), consisting of information services, content and transaction capabilities facilitated through ShopPass , affiliates of ShopPass  or merchants ('Merchants') offering ShopPass Coupons for sale ('ShopPass Coupons') which may be exchanged for goods/services at Merchants and other third parties.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of ShopPass, and ShopPass shall not be responsible for any data lost while transmitting information on the Internet. While it is ShopPass's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ShopPass, access to the Site may be interrupted, suspended or terminated from time to time.

ShopPass shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, ShopPass may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

2. Modified Terms.

ShopPass reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If ShopPass makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to ShopPass coupons purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any ShopPass coupons purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

3. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. ShopPass shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

4. End User Conduct.

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the 'Micro Sites') are private property. All interactions on this Site and/or the Micro Sites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Micro Sites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ShopPass's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in ShopPass's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Micro Sites is strictly prohibited. End User shall not use this Site or any of the Micro Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Micro Sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with ShopPass.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of ShopPass , its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Disclaimer of Warranty.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICRO SITES IS AT END USER'S SOLE RISK. NEITHER SHOPPASS , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICRO SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICRO SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR SHOPPASS COUPONS PROVIDED THROUGH THIS SITE OR THE MICRO SITES.

THIS SITE AND THE MICRO SITES ARE MADE ACCESSIBLE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. SHOPPASS  HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability.

IN NO EVENT SHALL SHOPPASS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL SHOPPASS 'S LIABILITY IN CONNECTION WITH A SHOPPASS COUPON     EXCEED THE AMOUNTS PAID FOR SUCH SHOPPASS COUPONS, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

7. Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively 'Communities') are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. ShopPass does not control or endorse the content, messages or information found in any Community, and, therefore, ShopPass specifically disclaims any liability concerning the Communities and any actions resulting from End Users' participation in any Community, including any objectionable content. Generally, any communication which End User posts to ShopPass (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by ShopPass as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Micro Site, End User grants ShopPass the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see ShopPass's Privacy Policy.

8. License Grant.

By posting communications on or through this Site or any Micro Site, End User shall be deemed to have granted to ShopPass  a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.

9. Indemnification/Release.

End User agrees to defend, indemnify and hold harmless ShopPass, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Micro Sites.

End User is solely responsible for interactions with Merchants and other users of the Site or Micro Sites. To the extent permitted under applicable laws, End User hereby releases ShopPass from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a ShopPass Voucher, and any conduct or speech, whether online or offline, of any other user.

In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: '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.'

10. Termination.

ShopPass may terminate this Agreement at any time. Without limiting the foregoing, ShopPass shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which ShopPass, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.'

11. Trademarks.

ShopPass is a trademark of ShopPass LLC All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ShopPass are the property of their respective owners.

12. Third-Party Content.

ShopPass , similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, ShopPass has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of ShopPass .

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with ShopPass. ShopPass neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ShopPass by anyone other than authorized ShopPass employee spokespersons while acting in official capacities. Under no circumstances will ShopPass be liable for any loss or damage caused by an end user's reliance on information obtained through ShopPass. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through ShopPass.

ShopPass contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by ShopPass of the contents on such third-party sites, and ShopPass hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with ShopPass expressly permitting you to do so, you may not provide a hyperlink to the Site or any Micro Site from any other website. ShopPass reserves the right to revoke its consent to any link at any time in its sole discretion.

13. Miscellaneous.

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for ShopPass established by ShopPass, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

II.TERMS OF SALE

All ShopPass Coupons printed from the Site or any Micro Site, or any other website associated with ShopPass  are promotional ShopPass Coupons that may be purchased from participating merchants ('Merchants') through ShopPass  to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a ShopPass Coupons from a Merchant through ShopPass, you make an offer to purchase the ShopPass Coupons you have selected on the terms and conditions stated below. The participating merchant agrees to deduct the down payment you paid to reserve the merchants coupon only when you redeem the coupon according to the coupons terms, conditions and fine print. There is no refund for coupons not redeemed. If any refunds are granted, the refund will be in the form of credits on the account of the coupon purchaser. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any ShopPass Coupons. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the ShopPass Coupons.

The ShopPass Coupons you purchase through ShopPass is redeemable for discounts on goods or services by the Merchant. The Merchant, not ShopPass, is the seller of the ShopPass Coupon and the goods and services and the merchant is solely responsible for redeeming any ShopPass Coupon you purchase. ShopPass distributes a ShopPass Coupon that can be redeemed in connection with your purchase of the goods or services from Merchant.  ShopPass credits used to reserve or obtain a  "ShopPass Coupon"  is non-refundable by ShopPass.  Where ShopPass "credits" are a discounted fee for you the consumer to reserve or obtain a particular deal by a merchants products or services -

ShopPass Credits are non-transferable and non-refundable nor ShopPas credits convertible into cash and do not expire. For states that require ShopPass to refund your purchase of credits- you will need proof of your paypal transaction number and we will refund only complete packages at the discounted price you paid. If you have purchased 100 credits for $10.00 we will only refund the $10.00 if your credit balance has 100 credits excluding promotional credits that we will deduct before we issue a refund.