TERMS OF USE

 

1.  YOUR ACCEPTANCE

 

1.1.      Your use, access, or visitation of the eShopperSJACKPOT.com website, or any content or aspect thereof (“Website”), shall constitute your complete agreement to and acceptance of these terms and conditions (“Terms of Use”) as well as the eShopperSJACKPOT.com, LLC (“eShopperSJACKPOT.com”) Privacy Policy, which can be viewed at http://www.breakingx.com/pg/expages/read/Privacy/

            1.2.      eShopperSJACKPOT.com may, from time to time and in its sole discretion, revise, either in whole or in part, these Terms of Use.  You agree to be bound by any and all such revisions and acknowledge that it is your responsibility to read and abide by the most recent version of these Terms of Use.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

2.  ACCOUNTS

 

2.1.      Some aspects or content of the Website are not available unless one registers as a member of eShopperSJACKPOT.com (“Registered Member”).  To become a Registered Member, you need only provide the information requested on the “Sign Up” tab of the home page of the Website and follow any subsequent instructions.  If you have special needs within the meaning of the Americans with Disabilities Act and require assistance in order to register, please visit our contact page.  eShopperSJACKPOT.com is intended to be a safe, secure, and accurate website.  In order to access the Website, you agree to the following:

                        2.1.1.   You will not to access anyone else’s account, nor will you allow others to access your account; 

                        2.1.2.   You will not share your password, nor will you attempt to acquire anyone else’s password;

                        2.1.3.   You will not create an account for another person, real or fictitious;

                        2.1.4.   You will not take any actions that might undermine the security of your account or anyone else’s account;

                        2.1.5.   You understand that any activity that occurs on your account is solely your responsibility;

                        2.1.6.   You will immediately notify eShopperSJACKPOT.com if you believe that the security of your account has been compromised or you suspect any unauthorized use of your account;

                        2.1.7.   You will not provide any information that is inaccurate or misleading.  All information you provide must be accurate and current; 

                        2.1.8.   You will frequently update any information you have provided to ensure that it remains current; and

                        2.1.9.   You will NOT use eShopperSJACKPOT.com if you are under 18 years of age.

2.2       You accept and understand the following provisions regarding registering and using of the Website:

            2.2.1.   If eShopperSJACKPOT.com has reasonable grounds to suspect that any information you have provided is untrue, inaccurate, noncurrent, or incomplete, eShopperSJACKPOT.com may suspend or terminate your account, remove your uploaded content, and refuse any and all current or future use of the Website (or any portion thereof);

2.2.2.   You may be liable for the losses of eShopperSJACKPOT.com or others due to any unauthorized use of your account.

2.2.3.   Even if you are a Registered Member, you are not eligible to win any prizes awarded by any sweepstakes offered on the Website unless you are the age of majority in your home state.

 

 3. THIRD-PARTIES WEBSITES

 

            A “Third-Party Website” means any website that is not owned or operated by eShopperSJACKPOT.com.  Hyperlinks to Third-Party Websites may be found on the Website.  eShopperSJACKPOT.com does not endorse or support any of the content on any Third-Party Websites.  Furthermore, eShopperSJACKPOT.com does not assume any responsibility for any of the content or practices of any Third-Party Website.  When you access a Third Party Website, these Terms of Use and the eShopperSJACKPOT.com Privacy Policy no longer govern.  You should exercise caution when accessing a Third-Party Website and review the terms and conditions and privacy policies for each site you visit.  You understand and acknowledge that eShopppersJACKPOT.com does not have any control over Third-Party Websites.  Some Third-Party Websites may be inaccurate, inappropriate, objectionable, or offensive and  eShopperSJACKPOT.com cannot guarantee that the Website will not contain links to such Third-Party Websites  Your use of the Website constitutes your agreement to hold eShopperSJACKPOT.com harmless for any liability arising from your use or visitation of any Third-Party Websites.

 

4.  RESTRICTIONS

 

4.1.      You agree not to use the Website:

                        4.1.1.   for any purpose that violates any local, national, or international law;

                        4.1.2.   to post anything that is harmful, malicious, threatening, abusive, harassing, defamatory, libelous, or hateful;

                        4.1.3.   to post anything that contains nudity or is pornographic, obscene, vulgar, or otherwise offensive;

                        4.1.4.   to intimidate, harass, or stalk anyone;

                        4.1.5.   to transmit unsolicited email (“Spam”) to users of eShopperSJACKPOT.com;

                        4.1.6.   to transmit viruses, worms, or other malicious code;

                        4.1.7.   to modify the Website or to create or modify another website so as to cause confusion as to whether such website is affiliated with eShopperSJACKPOT.com;

 

4.2    eShopperSJACKPOT.com retains the right, but not the responsibility, to remove any content or material in violation of these Terms of Use.  Your use of the Website constitutes your understanding that eShopperSJACKPOT.com is not responsible for the material posted by its Registered Members, that you understand you may come into contact with material that violates these Terms of Use, that you agree to hold eShopperSJACKPOT.com harmless for any such material that you do come into contact with, and that you choose to use and access the site of your own volition.

 

5.  INTELLECTUAL PROPERTY

 

5.1.      Any content that you post, upload, or transmit using the Website is your property, however, when you do so, you grant eShopperSJACKPOT.com a non-exclusive, transferable, worldwide, sub-licensable, royalty-free license to its use.

 

 

5.2    You are solely responsible for any material that you post, upload, or transmit on the Website, and you hereby represent and warrant that you own or have been granted the right to use and license such materials to eShopperSJACKPOT.com.

5.3    You will not post, upload, or transmit anything that violates the intellectual property, copyright, publicity, or privacy rights of others.

5.4     eShopperSJACKPOT.com reserves the right to remove any content that you post or upload.

5.5       You will not use eShopperSJACKPOT.com’s copyrights, trademarks, or Website, or any parts thereof.

5.6      You will not post sensitive information on the Website that jeopardizes the security on of someone’s identity, including but not limited to identification documents and social security numbers.

5.7    You will not post sensitive financial information that might jeopardize the security or privacy of anyone’s finances.

5.8     If you are the owner or authorized representative of the owner of a copyright that you believe someone has infringed on the Website, please submit a copyright violation notice to eShopperSJACKPOT.com by using the contact form.

5.9      eShopperSJACKPOT.com will disable the account of any user who repeatedly infringes on other’s intellectual property rights.

 

6. WARRANTY DISCLAIMER

 

YOU USE THE ESHOPPERSJACKPOT.COM WEBSITE AT YOUR OWN RISK.  ESHOPPERSJACKPOT.COM PROVIDES THE WEBSITE “AS IS,” “AS AVAILABLE,” AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND CONCERNING YOUR USE OF THE WEBSITE, OR ANY ASPECT THEREOF.  ESHOPPERSJACKPOT.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SAFETY, SECURITY, ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TEMPORARY OR PERMANENT AVAILABILITY OF, OR ABILITY TO TRANSMIT EITHER TO OR FROM THE ESHOPPERSJACKPOT.COM WEBSITE.  ESHOPPERSJACKPOT.COM SPECIFICALLY MAKES NO IMPLIED WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS OF THE WEBSITE.  THE WEBSITE CONTAINS ADVERTISEMENTS OF VARIOUS THIRD PARTIES FOR GOOD AND SERVICES.  ESHOPPERSJACKPOT.COM MAKES NO WARRANTIES OF ANY KIND AS TO THE GOODS OR SERVICES REFERENCED, ADVERTISED, OR MENTIONED ON THE WEBSITE.

 

1.    LIMITATION OF LIABILITY

IN NO EVENT SHALL ESHOPPERSJACKPOT.COM, OR ITS MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, OR AFFILIATES BE LIABLE TO YOU FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INFORMATION LOSS OF PROFITS, OR ATTORNEYS’ FEES) IN ANY WAY RELATED TO OR IN CONNECTION WITH YOUR USE OF, OR ANY TEMPORARY OR PERMANENT CESSATION OF, THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL INFORMATION, PRODUCTS, AND SERVICES OFFERED ON THE WEBSITE, EVEN IF THEY ARE ADVISED ABOUT THE POTENTIAL FOR SUCH DAMAGES, WHETHER THEY ARISE FROM TORT, CONTRACT, WARRANTY, OR OTHER LEGAL BASIS.  YOU AGREE THAT YOU WILL RELEASE ESHOPPERSJACKPOT.COM AND ITS MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AND AFFILIATES FROM ANY RESPONSIBILITY FOR ANY CLAIMS OR DAMAGES YOU HAVE AGAINST ANY THIRD PARTY.  THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE LIMITATION OF LIABILITY AS SET FORTH IN THIS PARAGRAPH.  IF THE LAWS OF SUCH STATES APPLY, SOME OF THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY.  IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

1.    INDEMNITY

You hereby agree to defend, indemnify, and hold harmless eShopperSJACKPOT.com and all of its officers, directors, managers, members, employees, representatives, agents, attorneys, and affiliates from and against any and all liability, claims, damages, losses, obligations, costs, and expenses of any kind (including but not limited to attorneys’ fees and costs) arising from or in connection with your use or access of the Website, your violation of these Terms of Use, violation of third-party rights (including but not limited to rights of publicity, privacy, or copyright).

   

 

 

2.     MISCELLANEOUS

The headings in these Terms of Use are used for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms of Use, or any provision hereof.  If any provision of these Terms of Use shall be invalid, illegal, or unenforceable to any extent, the remainder of these Terms of Use shall not be affected and shall be enforceable to the fullest extent permitted by law.  These Terms of Use constitute the entire agreement between you and eShopperSJACKPOT.com in connection with your use of the Website, and supersede any previous agreements.  You will not transfer or assign any of your obligations and rights set forth herein.  EShopperSJACKPOT.com shall be able to transfer or assign its rights and obligations established in these Terms of Use.