As a condition precedent to you being able to use any of the tools, functions, and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement.  Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, use or visit any forums that we may provide, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein.  Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership. You may use this site and/or obtain a membership only if you have the legal capacity to enter into a contract.

Passwords/User IDs/Accounts
You are solely responsible for the security of your password and user ID. Please securely guard the same.  We are not responsible for any losses due to your password or user ID being used by any third person due to your negligence to maintain proper security regarding the same.

Your account is not transferable. You may not lend your account to any third party. You are solely responsible for the activity relating to your account.

Non-Transferable
This Agreement, and your membership, is not transferrable by you and may not be assigned in whole or in party by you to any third party. However, the Agreement and your membership and/or subscription is completely transferable by us without any requirement of prior notice to you.

General Disclaimer
The users of this web site are responsible for checking the accuracy, completeness, currency and/or suitability of all information and advertising themselves. We make no representations, or guarantees as to the accuracy, completeness, currency or suitability of the information or advertising provided via this web site. With respect to all information available at this site, our corporation and its officers, employees, agents and assigns make no warranty, express or implied, including the warranties of merchantability or fitness for a particular purpose, nor do we make any representation that the use of said information will not infringe privately owned rights. We are an advertising medium only, similar to the classified advertising that appears in your local newspaper. We do not directly sell any product or service and we are not responsible for the quality, usefulness, or any aspect of any product or service offered by our users. You agree to hold us harmless form any claim of product liability, or any loss or injury of any nature, regarding any product or service that you purchase or use that you purchased from one of our users.

General Rules of Conduct
You may not:

• Violate the law of any jurisdiction while visiting our site, or using any tool or service that we provide.
 
• Harass or Cyberstalk any user
 
• Conduct any activity that is harmful or detrimental to our site, or business, our users, or our advertisers, as solely determined by us
• Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
• Upload any material that is harmful to our user’s computers or objectionable to our community as a whole.
• Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
• Falsely represent your professional or business credentials or professional background.
• Publish content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right tomake available under any law or under contractual or fiduciary relationships.
• Publish content that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisements.
• Distribute any files that are harmful to computers, telecommunications, or individuals or property or offer to sell any item or service that is unlawful to sell or restricted by any law of any jurisdiction.  You may not sell or offer to sell body parts, weapons, contraband, stolen items, contraband, or any item that is dangerous, unsafe or violates our written guidelines or is otherwise, in our sole discretion, objectionable, which include the following: Adult or “X-Rated” items, alcohol, animals (dead or alive), historical artifacts protected by law, catalytic converters (and test pipes), cell phone or wireless service contracts, charity/fund raiser listings, contracts, used cosmetics, counterfeit currency and or stamps, credit cards and drug paraphernalia, substances that are drug like in appearance or relate to or encourage drug usage, banned electronics equipment such as cable TV descramblers, wiretapping devices, telephone bugging devices, goods from countries where the law prohibits commercial interaction (such as Cuba), event tickets, firearms, weapons, knives, gas used as a weapon, food, gift cards, government and transit tickets and uniforms, IDs and licenses, dangerous items, prohibited items, perishable items, items not meant for import or export, lock picking tools, items that encourage illegal activities or otherwise facilitate illegal activities, lottery tickets, Mailing Lists and Personal Information, Manufacture’s coupons, medical devices, multi-level marketing, pyramid marketing, offensive material, pesticides, plants, police related items, political memorabilia, postage meters, prescription drugs, real estate, recalled items, slot machines, stocks and other securities, stolen property, items with serial numbers removed, teacher’s edition textbooks, tobacco, transit and shipping related items such as blueprints of transit facilities, airplane operation manuals, and flight crew uniforms, and travel, the following comprising the “Restricted Item List,” which is not all inclusive. We will remove any advertisement at any time for any reason even if the item advertised is not on the Restricted Item List.”
• Send email or post content/offers that constitutes or contains  "affiliate marketing," "link referral code, "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
• Use any form of automated device or computer program that enables the submission of postings on our site without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit  postings in bulk, or for automatic submission of postings at regular intervals or use a third  party posting agent to post content to our site without our written permission or abuse or manipulate our RSS related systems. You may not use a Posting Agent.

You must be of adult age in your jurisdiction to use this site or to become a member or subscriber to/of this site. In any event, no user, subscriber or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides. You may not post an advertisement or purchase any item or service unless you are at least 18 years of age.

If you have been convicted of a felony or a crime of moral turpitude you may not become a member or advertiser of this site.

We may post rules, guidelines or policies, including rules, guidelines or policies that concern our forums.  Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

We reserve the right to take down any content for any reason including but not limited to the reasons listed herein.  No refunds or credits will be issued related to the removal of such content.

Content Provided by Users and Related Terms
You understand that when using our site, you will be exposed to User Provided Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Provided Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold our Corporation, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

We do not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.

You understand that when using the our Website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Provided Content. You further understand and acknowledge that you may be exposed to User Provided Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold our Corporation, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

We do not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein, and our Corporation expressly disclaims any and all liability in connection with User Provided Content.  We do not permit copyright infringing activities and infringement of intellectual property rights on our Website, and we will remove all Content including User Provided Content if properly notified pursuant to DMCA standards that such Content including User Provided Content potentially infringes on another's intellectual property rights. We reserve the right to remove Content including User Provided Content without prior notice.

You agree not to distribute in any medium any part of the Website, including but not limited to User Provided Content, without our prior written authorization.

Submission of User Provided Content
You, if you select to provide content to us, retain all of your ownership rights in your User Provided Content. However, by submitting User Provided Content to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the our Website and our Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the our Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of our Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

We reserve the right to decide whether Content or User Provided Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  We may remove such User Provided Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Content Posting Fees and Removal
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area.  Each party posting Content to the Service is responsible for said Content and compliance with this Agreement. All fees paid will be non-refundable in the event that Content is removed from the Service for violating this Agreement.

Anti-Spam Policy
Any activity generally described as “spamming” by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership and access to our site being terminated without prior notice to the member.

Communications
You agree not to post or distribute any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, we shall not be held responsible for any hacking attempt that may lead to the data being compromised. All indecent and obscene material shall be removed by us with no prior notice to you. 

Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you "As Is, Where Is", without any warranty of any kind, express or implied.

Our corporation, and its officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure.

The interactions between yourself and any third party that you contact or who contacts you via our site or services is strictly at your own risk. Please use all reasonable due diligence and safety precautions regarding any personal or business dealings with any third party that you meet via our site.  You agree to hold us harmless and to indemnify us regarding any loss, injury or damages that you sustain regarding your meeting with or otherwise interacting with any third party as well as from your interactions as a buyer, seller, or site user, regarding any sales, purchases, dealings, agreements and other involvements of any nature with any user, advertiser, buyer, seller, member or site visitor.  If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 

Computer Fraud and Abuse Act
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code and relevant California statutes and the laws of the other states and territories of the USA.   Such violations may subject the offender and his or her agents to civil and criminal penalties.

DMCA
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

abuse@ ShopNoon
or:
Legal Department: DMCA
ShopNoon
2200 Wendy Way
Suite 115
Leesburg, CA   90176

Please provide our Agent with the following Notice:

• (A) Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;


• (B) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;


• (C) A statement by you declaring under penalty of perjury that
  • (1) the above information in your Notice is accurate, and
  • (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;


• (D) Your address, telephone number, and email address; and


• (e) Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA). Intellectual Property Provisions

All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements.  No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner.  The content of this Site may not be “framed” or “mirrored”.  All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way. We own various trademarks and such may not be used without our express written permission. All content on this site is protected by US and State copyright laws. 

All trademarks, service-marks, and copyrights mentioned in this website belong to their respective owners. Any commercial use of the materials stored on our website is prohibited without the written permission of the intellectual property owner.  Any unauthorized use of any trademark is strictly prohibited by law. Any communications or material you submit by electronic mail, interactive forms, or otherwise, including any data, questions, comments, suggestions, or the like, even if encrypted, will be treated as, non-confidential and non-proprietary. Anything you transmit or submit may be used by us at any time and for any purpose, including without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us or to our members/users for any purpose whatsoever, including, without limitation, disseminating such information.

We do not endorse any of the products, vendors, consultants, or documentation referenced in this web site or advertised on this web site. Any mention of vendors, products, or services is for informational purposes only.

Content displayed on or via our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further

No reproduction or redistribution is prohibited without our express written consent.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code owned or used by us, and without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website, or any tool or service we provide.

The content on our Website, except all User Provided Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS and WHERE IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserves all rights not expressly granted in and to the Website and the Content.

User Comments and Ratings
User Comments and ratings, if made available, are made available to you for your information and personal use solely as intended through the normal functionality of our Service. User Comments are made available "as is" and “Where is” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the our Service or otherwise as prohibited under this Agreement.

Sales
We do not intervene or become involved in any issues that arise between sellers and buyers, or between site users/visitors/members.  Subscription pricing may change at anytime with no prior notice and all pricing changes will take affect at the end of your subscription period if you elect to resubscribe.

Termination of Your Account
We may terminate your account at any time, without prior notice, for any reason we deem in our sole discretion to be valid. There will be no refunds regarding any membership fees paid by you in the event we terminate your account. 

Advertising
We may remove your advertisement at any time for any reason we deem in our sole discretion to be appropriate with no refund being paid to you.  All advertisement sales are final: no refunds will be paid for any reason.

Termination of Service
We reserve the right to terminate or modify any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit.  We also reserve the right to discontinue any service or modify any service with no notice to you.

Equitable Orders
You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site.  You may not engage in denial of service attacks upon the servers that publish this Site.  You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Links to Third Party Sites
We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies.  Please carefully review the terms of service and privacy policies of all such sites prior to usage.  You assume the risk of any usage of such third party sites.

Links from Third Party Sites
We are not responsible for any links TO our site from foreign sites: we do not police such links and we are not responsible for the nature of such links, including the context in which the link is published by a third party. 

No Agency
We are independent contracts as to each other, no agency, joint-venture, partnership, employee-employer, association or any other type of relationship other than one of mutual independent contracting is created by the terms and conditions of this Agreement.

Submissions
All submissions (but not personal information) become the property of this Site.  All submissions are non-confidential in nature.  “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication.  You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations.  You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, or arising from any service or product that you purchase, or from any service or product that you sell, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature.  You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.  

We specifically disclaim any and all liability for any claims or damages that may result from providing the web site or the information it contains, and makes no warranties that the site will be free from computer viruses, including any web sites maintained by third parties and linked to the our Web Site.  We make no effort to independently verify and do not exert editorial control over, information provided by others.

Communications made through this site shall in no way be deemed to constitute legal notice to our corporation or any of its agencies, officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against our Corporation or any of its agencies, officers, employees, agents or representatives.

Content Issues
We are not responsible for any content provided to you by our site members or advertisers or any third parties. We do not screen content, including any products or services, offered or provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published or offered on our site. We are not liable for any content, products or services that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful, unlawful, restricted by law or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity.  We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content, harmful or dangerous products and services, faulty products and services, or fraud or misrepresentation of any nature, and you agree to waive any possible liability that we may have regarding such content as provided to us via members or third parties including content that violates any intellectual property rights or any other civil law.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files.  We do not promise that we will review and or edit all content, including products and or services offered by members, for safety, lawfulness, quality, accuracy, or decency that you encounter via our Site.

Jurisdiction
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws.  Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, CA before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement.  The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules.  The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals.  If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules.  The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law.  Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof.  If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association.  The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees.  All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties.  The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.  Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.  Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

Foreign Usage
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction.  You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). 

Erratum
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

Modifications of this Agreement
We may revise or modify any portion of this Agreement at any time without notice to you.  You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere.  Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

Notice
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances. We do not guarantee that our site will be available 100% of the time. There shall be no refunds if our site is not available for any particular period of time.

Intellectual Property Notices have been Provided to You
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

Contacting Us
Please contact us by email at
support@ShopNoon.com