Shoopit - Shoopit terms of service

TERMS OF SERVICE

Last updated: July 7, 2022

INTRODUCTION

Welcome to Shoopit.com. These Terms of Service (the “Terms”) set forth the terms and conditions that govern your use of our website(s), products, services and applications (collectively, the “Services”) provided by Hola VPN Ltd. (“Shoopit,” “we,” “us” and “our”).

Accepting the Terms

To use the Services you must agree to and accept all of the Terms. Your use of the Services in any way means that you agree to be bound by these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use this site.

Any new features or tools which are added to the Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Description of Services

Shoopit brings you savings with our comparison tools and other services.

1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Information regarding the products displayed on Shoopit (including price, descriptions, photos, coupons and other information) is provided by third parties. We are not responsible if information made available on this site is accurate, complete or current. Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material provided by Shoopit site is at your own risk.

We reserve the right to modify the contents of our Services at any time, but we have no obligation to update any information.

2. MODIFICATIONS TO THE SERVICES

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

3. PRODUCTS OR SERVICES (as applicable)

General

Shoopit does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

If there is a dispute between participants of the Service, or between you and any third party, you agree that Shoopit is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Shoopit, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

4. THIRD-PARTY LINKS AND ACCOUNTS

The Services may provide links to other web sites. Additionally, certain content, products and services available via our Services may include materials from third-parties. Shoopit does not endorse, warrant or guarantee the products or services available through the Services (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Shoopit is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Shoopit does not guarantee that the product details, prices, coupons, or other service terms, rates or rewards offered by any particular advertiser or other third party in our Services are actually the terms that may be offered to you if you pursue the offer or that they are the best prices, terms or lowest rates available in the market. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Shoopit is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Shoopit has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Shoopit will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Shoopit cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Shoopit cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

5. PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy. If you register to our services, you agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Services. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate.If you become aware of any unauthorized use of your Registration Information, you agree to notify Shoopit immediately.

You understand that your content may be transferred unencrypted (except credit card information) and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

6. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

7. PROHIBITED USES

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without express written permission by us. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS (INCLUDING PAYMENT SERVICES) ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON- INFRINGEMENT.

IN NO CASE WILL SHOOPIT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO PAYMENT CARD NETWORK PARTNERS SUCH AS VISA) OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Shoopit and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

10. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.

11. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Shoopit may at any time, terminate its legal agreement and cease providing services to you:

if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if Shoopit in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
immediately upon notice, to the email address or phone number provided by you as part of your Registration Information.

12. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

13. ARBITRATION CLAUSE & CLASS ACTION WAIVER

ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

14. GOVERNING LAW AND FORUM FOR DISPUTES

These Terms, and your relationship with Shoopit under these Terms, will be governed by the laws of the State of New York in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Shoopit, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement will be resolved exclusively as specified in Section 13, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Shoopit may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Shoopit is able to offer the Services, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Shoopit, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE

15. CONTACT US

If you have any questions about these Terms of Service contact us at legal-shoopit@shoopit.com.