TERMS AND CONDITIONS

Thank you for using SCANBUY Shopper! By using this software, including any third party software made available in conjunction with this software, ("Scanbuy Shopper") you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Non-Commercial Use Only

When you download and use Scanbuy Shopper, depending on your plan and your carrier or provider, you may be charged for use of your mobile phone when you access Scanbuy Shopper information or other services through Scanbuy Shopper.

Scanbuy Shopper is made available to you for your non-commercial use only. This means that you may use it to search for anything you want. But you first need to obtain Scanbuy's permission if you want to sell Scanbuy Shopper or any information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from Scanbuy Shopper.

Furthermore, you may not use Scanbuy Shopper in any manner that could damage, disable, overburden, or impair Scanbuy's services, nor may you use Scanbuy Shopper in any manner that could interfere with any other party's use and enjoyment of Scanbuy Shopper's services.

If you have comments on Scanbuy Shopper or ideas on how to improve it, please email support@scanbuy.com. Please note that by doing so, you also grant Scanbuy and third parties permission to use and incorporate your ideas or comments into Scanbuy Shopper (or third party software) without further compensation.

Intellectual Property

You acknowledge that Scanbuy or third parties own all rights, title and interest in and to the Scanbuy Shopper service and software and portions thereof, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Scanbuy Shopper. You also agree to not remove, obscure, or alter Scanbuy's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Scanbuy Shopper.

Content

Scanbuy provides a number of different services to assist you in comparison shopping for products. Scanbuy provides information regarding products and third party merchants, and email you links to third party merchants that are selling listed products. The products listed on the Scanbuy Shopper are sold by third party merchants, and are not sold by Scanbuy.

Scanbuy does not sell, resell or license any products listed on the Scanbuy Shopper, nor is Scanbuy acting as an agent of sale. Scanbuy disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate merchant or seller.

Scanbuy does not warrant that product descriptions, pricing, editorial commentary or any other content of the Scanbuy Shopper, regardless of its source, is accurate, complete, reliable, current or error-free. Scanbuy Shopper content is provided for informational purposes only and does not constitute an endorsement by Scanbuy of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). Scanbuy Shopper assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on the Scanbuy Shopper.

In general, sales taxes and shipping costs are estimates based on the geographical location. You should provide your actual zip code if you would like to improve the accuracy of the sales tax and shipping cost estimates. Please check with merchants for exact shipping costs.

All right, title, and interest in and to Scanbuy Shopper, and any other content appearing on Scanbuy Shopper, will remain the exclusive property of Scanbuy and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Scanbuy Shopper, or any other content appearing on the Scanbuy Shopper.

Disclaimer of Warranties

Scanbuy and any third party who makes its software available in conjunction with or through Scanbuy Shopper disclaim any responsibility for any harm resulting from your use of Scanbuy Shopper and/or any third party software accessed in conjunction with or through Scanbuy Shopper.

SCANBUY SHOPPER AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SCANBUY SHOPPER ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SCANBUY AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SCANBUY AND ANY THIRD PARTIES WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH SCANBUY SHOPPER DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SCANBUY SHOPPER AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE SCANBUY SHOPPER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SCANBUY SHOPPER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SCANBUY SHOPPER AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

We do not promise or warrant that any aspect of the service or system will work properly or will be continuously available. You acknowledge and agree that we are not responsible or liable for the accuracy of the content, products description, prices, or any other related information . Your subsequent dealing with the vendors do not imply any endorsement of such vendors or the content, products, or services available from such vendors or resources. You acknowledge sole responsibility for and assume all risk arising from interaction with any such vendors. You agree not to hold Scanbuy liable for any loss or damage of any sort incurred as the result of any such dealings. In addition, Scanbuy does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SCANBUY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF SCANBUY SHOPPER OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SCANBUY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SCANBUY SHOPPER FROM INABILITY TO USE SCANBUY SHOPPER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SCANBUY SHOPPER, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SCANBUY SHOPPER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SCANBUY SHOPPER (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Jurisdiction

This Agreement is governed by New York law and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the Scanbuy Shopper shall be settled by binding arbitration in New York County, New York in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by New York law. However, (a) each of us may seek interim relief from a New York County, New York court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Miscellaneous Provisions

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Scanbuy and/or a third party who make its software available in conjunction with or through the Scanbuy Shopper.