Terms of Use

Legal Notice

BY ENTERING AND USING THIS WEB SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND THE PRIVACY POLICY AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY THEM.
GENERALLY

Terms and Modifications

STLshopper.com may change, suspend or discontinue any aspect of this Site at any time. We may modify these Terms of Service at any time, and such modifications shall be effective immediately upon either notifying you or posting the modified Terms of Service. You agree to review the Terms of Service periodically to be aware of such modifications and your continued access or use of this Site shall be deemed your acceptance of the modified Terms of Service. Your use of this Site is conditioned upon the Terms of Service in force at the time of your use.

Cost

At this time, there is no cost for using the basic or premium services of this Site. From time to time there may be premium content available via subscription or surcharge, and those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers who help make this service possible.

Registration

Access to some of the content, services and features on this Site requires users to register using the form provided. Registration may require you to provide certain personally identifiable information, such as your name, e-mail address, street address, gender, and date of birth. If you are under the age of 13, do not register unless your parents have given you permission to do so. Our use of personally identifiable information is governed by the terms of our Privacy Policy. You represent that the information you have provided on the form is true, accurate, current and complete and that you will maintain and promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all or a portion of this site to any person who violates the Terms of Service.

Passwords

You are responsible for maintaining the confidentiality of any usernames or passwords issued to you for your use of or access to this Site and you agree not to allow any other person or entity to use any usernames or passwords that are issued to you. You will be responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username or any other breach of security and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason.

USE OF THIS SITE

Our Intellectual Property

This Site and the material on the Site is owned by us and third party providers and is protected by international copyright, trademark and other intellectual property laws. This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without our written permission, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of the content of the Site or incorporate into another website or other service any of our intellectual property.
Content Submitted by You (“Submissions”)
“Submissions" means all comments, feedback, suggestions, e-mail and similar information or materials you submit to us including posting comments to blogs and products, and submitting manuscripts, articles, photographs, videos, artwork or other material. In sending the material, you are representing and agreeing that:

You are the author of the Submission or that you are making the Submission with the express permission of the author/owner.
The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other property right that exists in favor of any other person or entity.
You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed.
You automatically waive any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way we use such content.
You are responsible for the content of all Submissions and acknowledge that third parties may hold you responsible for content related claims including libel, invasion of privacy, misappropriation of likeness and disclosure of confidential information.
You shall indemnify, defend and hold us, our parent company and our affiliated entities (including our officers, directors, owners, agents and employees) harmless from all liability and costs incurred by those indemnified in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to the content or your Submissions.
We have the right to disclose any information that we believe necessary to comply with any law, regulation or governmental request or that information that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.

Online Commerce

We are not responsible for any interactions between you and third parties or for the timeliness, accuracy or quality of items purchased from them. You should review third party’s practices and policies prior to purchasing items as their practices and policies may differ from ours. When you purchase items or services from our Site, you may be subject to additional terms and conditions that specifically apply to the items you are purchasing. You are financially responsible for all purchases made by you or someone using your account.

Links to Other Sites

Any links from this Site to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site). We do not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly.

Consumer Reviews

The consumer reviews on our site are comments received from actual customers surveyed at the point-of-sale for each online merchant, as well as customers who have elected to post a review on our site. As such, these reviews are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.
Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, and may also purchase research from us, but in no event does any such payment affect the reviews given to any merchant by participating online shoppers.
Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant reviews. Furthermore, users agree not to post any review that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content for a general shopping audience. By posting a review, the poster thereby represents that the review is based upon an actual online shopping experience with the merchant being reviewed and irrevocably assigns all copyright and other intellectual property rights in the review to STLshopper. We may publish the review on its website or elsewhere in its discretion and reserves the right to remove or alter the content of any review deemed offensive or in violation of its policies, and all decisions by STLshopper in this regard are final.

Online Conduct

We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the messages or postings that are sent to the Site but we, or third parties acting on our behalf, may monitor online conduct to enforce these Terms of Service. We reserve the right in our sole discretion, but do not assume any obligation, to refuse to post, remove, or edit any messages or postings sent to the Site. Any action by a user that infringes on another user's right to use and enjoy this Site is prohibited. We reserve the right to suspend or terminate your access to and use of this Site if, in our view, your conduct fails to meet any of our guidelines. We also reserve the right to change these terms at any time. It is a condition of your use that you do not:

Include any information that is false, misleading or inaccurate.
Use the Site for any unlawful purpose or to transmit any material that contains a virus.
Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property.
Use the Site to upload, post, e-mail, transmit or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party.
Use the Site to upload, post, email, transmit or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
Use any portion of the Site for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
Attempt to interfere with any other person's use of the Site.
Misrepresent your identity or impersonate any person.
Hold yourself out as sponsored by, endorsed by, or affiliated with us.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us or in connection with the Site.

To register a complaint about another user's conduct, please use the Contact Us form.

EXCLUSION OF WARRANTY

WE MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Site or any of its components will be uninterrupted or error free, that defects will be corrected or that the Site is free of viruses. There may be delays, omissions, interruptions and inaccuracies in the news, information (including financial information such as stock quotes) or other materials on the Site. None of the information contained in this Site shall be construed as an indication of our views, opinions or recommendation, or endorsement thereof.

LIMITATION OF LIABILITY

WE, OUR PARENT, AND AFFILIATED ENTITIES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (1) ANY USE OF THIS SITE OR ANY DECISION MADE OR ACTION OR NON-ACTIONTAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS SITE OR THE CONTENT FOUND HEREIN OR (2) OUR PERFORMANCE OR NON-PERFORMANCE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU.
In no event shall we be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this website or through our other services, in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more STLshopper Parties is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if the value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate. You and we agree that this is a fair allocation of risk based upon the manner and cost by which STLshopper’s services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online. FURTHERMORE, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy.
The information, services, products, and materials contained in this website or available through our other services, including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis. To the maximum extent permitted by law, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance.
In addition, since we cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, STLshopper does not represent or warrant that the information accessible via our website or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our website or through our other services. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH STLSHOPPER'S SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our website or other services.
Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others and require that people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to STLshopper.com using the Contact Us form:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

MISCELLANEOUS

These Terms of Service and the Privacy Policy constitute the entire agreement between you and us. Additional terms and conditions may apply to the purchase of goods and services of third parties to whom you are provided access through this Site. Your use of this Site is independent and you shall not be construed as an employee, agent or partner of, or joint venturer with, us for any purpose. This agreement and its performance shall be governed by the laws of the State of Iowa, without regard to its conflict of laws provisions. In the event any provision in this agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Last updated: 11/6/09