Shoutback utilizes commission-based affiliate marketing for our merchant partners ("Affiliate Merchants"). To ensure that you, as a Shoutback registered user ("User"), fully understand your rights as a User, and our responsibilities to you, we have created this User Agreement ("Agreement"). By accessing our site(s) or as a User of the Shoutback website ("Shoutbackâ or the "Site"), you agree that you have read, understood, and agreed to the following Terms and Conditions, and consent to be bound by all of the Terms and Conditions, including any future amendments or updates thereto.
In order to use the Site and participate in the Shoutback program described below, you must:
By registering for a Shoutback account, you will be allowed to save and personalize Site content, view offers from businesses listed on the Site, and post ratings and reviews about businesses listed on the Site. By registering with the Site, you agree that it is your responsibility for maintaining the confidentiality of your account username, password and all related activities that occur under your account username.
Shoutback permits online coupons, deals, and special offers to be provided as a free service to its Users. Coupons, deals, and special offers come from Affiliate Merchants and other online sources, as well as Shoutback users who opt to post them. Shoutback is not responsible for the redemption, errors/omissions or expiration of coupons, deals, or special offers, and it is the User's responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on Shoutback are subject to change without notice. Shoutback has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. Shoutback has no control over whether Affiliate Merchants will honor the offers shown on the Shoutback website, and does not guarantee the accuracy or completeness of the information contained on the website. In the event that you have a dispute with an Affiliate Merchant in any way relating to the Shoutback website or the use of information from the website, you agree to waive and release Shoutback from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
Shoutback.com IS BEING PROVIDED BY Shoutback "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW, Shoutback DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU AGREE THAT SHOUTBACK WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST SHOUTBACK AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES.
YOU AGREE THAT SHOUTBACK WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST SHOUTBACK AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS, AND REPRESENTATIVES. SHOUTBACK DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. SHOUTBACK DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND SHOUTBACK ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE. IN NO EVENT SHALL SHOUTBACK BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF SHOUTBACK; ANY ACT OR OMISSION BY SHOUTBACK IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF SHOUTBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SHOUTBACK WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHOUTBACK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SHOUTBACK WEBSITE AT ANY TIME. SHOUTBACK DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. ADVICE RECEIVED VIA THE SHOUTBACK WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THIS LIMITATION ON LIABLITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELPEHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCED MAJEURE.
IF YOU ARE DISATISFIED WITH ANY PORTION OF THE SHOUTBACK WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHOUTBACK WEB SITE.
Access to any other Internet sites linked to the Site is at the User's own risk. The User should be aware that linked sites might contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Shoutback is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of this Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Site. You are only authorized to visit, view and retain copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Site for any commercial use, or for any purpose other than described in these Terms and Conditions of Use, or unless specifically authorized by Shoutback.
Shoutback permits Users to post ratings and reviews about local and online stores, as well as to leave comments about deals posted by Shoutback or Users of the Site. Any rating, review, or comment posted on Shoutback expresses only the views of the author of the message and does not necessarily reflect the views of Shoutback or any person or entity associated with it. While Shoutback may monitor the content and appearance of reviews and comments posted to the Site, you acknowledge that Shoutback is under no obligation to do so. Considering the real-time nature of this Site, it is impossible for us to monitor or review every message. You agree that neither Shoutback, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness, nor validity of any information posted on our Site. You agree that you will not use our Site to post any material, or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, racist, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violating of any law. You agree that you will not post promotional information for a website or entity with which you are an affiliate, employee, owner, or otherwise receive any benefit from. You agree you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you.
You hereby grant Shoutback a perpetual, worldwide, royalty-free license to distribute, copy, adapt, reproduce, transmit, and otherwise use content and information you post on our Site for any purpose and in any media now known or hereinafter developed. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us, without compensation, for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services and using such information.
Advertisements, referral programs, chain letters, pyramid schemes, and solicitations are not permitted on Shoutback. Any User who believes that a posted review or comment is objectionable is encouraged to contact us immediately by using the "Contact Us" link at the bottom of every page. Upon receipt of such notification, we will make reasonable efforts to take action as we deem necessary within a reasonable period of time. Shoutback reserves the right to delete any review or comment for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your reviews or comments, and that you will indemnify and hold harmless Shoutback and their agents and employees with respect to any claim based upon the appearance and/or transmission of your review(s) and/or comment(s).
The Site may automatically produce search results that reference or may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Shoutback and Shoutback is not responsible for the contents of any Linked Site, including without limitation a link contained in a Linked Site, or any changes or updates to a Linked Site. Shoutback cannot guarantee, represent or warrant that the content contained in these Linked Sites is accurate, legal and/or inoffensive. Shoutback does not endorse the content of these Linked Sites, nor can we guarantee that it will not contain viruses or otherwise impact your computer. By using the Site to search for or visit a Linked Site, you agree and understand that you may not make any claims against Shoutback for any damages or losses, resulting from your use of Linked Sites. If you have a problem with a Linked Site, please notify Shoutback at support@shoutback.com and Shoutback will investigate your claim and take any actions it decides is necessary and appropriate. Shoutback is not responsible for web casting or any other form of transmission received from any Linked Site. Shoutback is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shoutback of the site or any association with its operators.
If you violate these Terms and Conditions of Use, whether you are a registered Shoutback user or not, the Site reserves the right to terminate your access to any or all services at any time without notice or take any other action that Shoutback deems necessary and appropriate. You agree that monetary damages may not provide sufficient remedy to Shoutback for violations of these Terms and Conditions of Use and you consent to injunctive or other equitable relief for such violations.
Shoutback reserves the right, at its sole discretion, to terminate your access to the Shoutback Web Site and the related services or any portion thereof at any time, without notice. The Site also reserves the right, at any time and for any reason, to delete any and all communications, postings or other content placed on the Site by you, without notice, for conduct violating these Terms and Conditions of Use. To the maximum extent permitted by law, this agreement is governed by and constructed in accordance with the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of state courts in Portage County, Ohio, or the United States Federal District Court, Northern District, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Site as a result of this agreement or the use of the Site. The Site's performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement shall be construed to be in derogation of the Site's right to comply with governmental, court and law enforcement requests or requirements related to your use of the Site or information provided to or gathered by the Site with respect to such use. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provisions and the remainder of the Agreement shall continue in effect.
Unless otherwise specific herein, the Agreement constitutes the entire Agreement between the User and the Site with respect to the Site and it supersedes all prior contemporaneous communication and proposals, whether electronic, oral, or written, between the User and the Site with respect to the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that the Agreement and all related documents are drawn up in English.
Shoutback may monitor your use of the Site, and may disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose. However, it will do so only in accordance with the Privacy Policy of Shoutback.
You agree and shall indemnify, defend and hold Shoutback and all of its agents, directors, employees, information, providers, licensors and licensees, officers and parent companies (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation to attorney fees), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully and reasonably required in the defense of Shoutback should any claims be made. Shoutback reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent from Shoutback.
The trademarks, logos and service marks ("Marks") displayed on the Site of the property of Shoutback and other parties. Users are prohibited from using any Marks for any purpose whatsoever, including, but not limited to, used as meta tags on other pages or sites without the written permission of Shoutback, or such third party which may own the applicable Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available through the Site for commercial or public purposes. Shoutback avails itself of the protections under the Digital Millennium Copyright Act. Shoutback reserves the right to remove any content on the Site which allegedly infringes another person's copyright. Notices to Shoutback regarding any alleged copyright infringement on the Site should be directed to support@shoutback.com.