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Shopping at Invictus Foundation
 

Terms of Service

Welcome to shop.invictusfoundation.org!  (“Invictus Foundation Shopping” or “we” or “us” or “our”) operates this website, the mobile and touch versions and any other sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the "Microsites") will be collectively referred to as the "Site" in these Terms of Service. By using our Site and our Services through the Site, you ("you" or "Member") agree to these Terms of Service, our Privacy Policy (incorporated here by reference), and any additional terms applicable to certain services in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Service" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH THE SITE. The term "you" refers to the person accessing or using the Site, or the company or organization on whose behalf that person accesses the Site.


Our Services

We make it easy to shop with all your favorite online stores, lets you share great deals and shopping insights with your friends and family without ever needing to leave the Site.

The Site is an online social shopping destination that allows you to shop and share with your friends. Our Site enables Members to organize their shopping interests, browse the shopping interests of their friends, and get recommendations around their shopping interests through our website located at http://shop.invictusfoundation.org and other online areas owned or operated by us, such as our Facebook® and mobile phone applications. Our services also include the opportunity for you to purchase products and services from third party merchants (collectively, the "Services").


Permitted Uses

The Site provides an interactive online service consisting primarily of promotion and marketing services on behalf of certain merchants ("Merchants") that make products and/or services available for purchase by Members. As a condition of your use of this Site, you agree that:

  • You are an individual at least 18 years of age.
  • You possess the authority to create a binding legal obligation.
  • You reside in the United States.
  • Your use of this Site will at all times comply with the terms of this Agreement.
  • If you elect to create an account:
    1. You may create only one account for your personal use.
    2. You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers.
    3. You may only make purchases on the Site for your own use and enjoyment, or, as a gift for another.
    4. You must safeguard your log-in credentials and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
  • You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.
  • You will not copy or distribute any part of the Site in any medium without our prior written authorization.
  • You will not use the Site to collect any Personal Information (as defined in our Privacy Policy), including account names, email addresses, or other such information for commercial purposes.
  • You will not use the communication systems provided by or contacts made on the Site for any commercial solicitation purposes.
  • You are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such Content.
  • You represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize us to use any and all Content submitted by you to the Site in accordance with the licenses granted in this Agreement;
  • You hereby grant each Member, whether using the Site or an application authorized application but developed via a third-party developer, a non-exclusive license to access the Content you submit through the Site and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the Sites's functionality and under these Terms of Service;
  • You will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to the Site; and
  • You hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Creating an Account on our Site

You will need to register by creating an account with the Site (either by registering directly with us or by allowing a Site application to connect through your Facebook® profile) in order to publish Content on the Site or obtain access to the Services.  If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. If you choose to create an account or profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will create log-in credentials to access your account.  Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. Access to the Site and Services is not authorized by any other person or entity using your log-in credentials and you are responsible for preventing such unauthorized use. Individuals whose privilege to access the Site or use the Services has previously been terminated may not register for an account, nor may you designate any of those individuals to use your account on your behalf. 

The Site relies on your log-in credentials to know whether Members accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using your log-in credentials, we will rely on those log-in credentials and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your log-in credentials. Please notify us immediately if you become aware that your log-in credentials are being used without authorization.

If you violate any of these Terms of Service we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any accumulated and unpaid cash in your account, whether attributed to your own purchases or purchases made by your friends. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.


Your Conduct on our Site

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Service. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other Member from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT DO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Conduct or promote any illegal activities while using the Site or Services;
  • Post Content to the Site if you are under the age of 18;
  • Disrespect the privacy and views of others, or use the Site to stalk or harass another;
  • Upload, distribute or print anything that may be harmful to minors;
  • Post Content that is obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false or which contain expressions of bigotry, racism or hate;
  • Post Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
  • Use the Site or Services to generate unsolicited email advertisements or spam;
  • Use scripts or disguised redirects to derive financial benefit from the Site;
  • Impersonate another Member or permit any other person or entity to use your log-in credentials to post or view Content;
  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and Services provided by us;
  • Post Content that infringes on the copyright, trademark, patent, trade secret (including unauthorized disclosure of any nonpublic information concerning a third party’s anticipated product sales, discounts, rebates, new product launches, or other proprietary information), or other intellectual property rights of others;
  • Submit Content that supports or provides resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • Attempting to interfere with service to any Member in any manner, including, without limitation, by means of submitting a virus, worm, Trojan horse, or other malicious code to our Site, designed to disrupt, damage, restrict, or provide unauthorized access to any computer software or hardware or telecommunications equipment or in an attempt to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with the Site;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit Members, Merchants or other business partners of the Site to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with the Site;
  • Using any Member or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Accessing, monitoring or copying any Content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our Services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Aggregating any live or post-feature Content or other information from the Site(whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
  • Deep-linking to any portion of this Site without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of the Site, our Merchants or our Services; or
  • Hyperlinking to the Site from any other website without our initial and ongoing consent.

Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. We retains the right at our sole discretion to deny service, or access to anyone to the Site or to an account, at any time and for any reason.


Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with us and the Site while it is being transmitted.  In addition, we are not responsible for any data lost during transmission.


Rules Regarding Information and other Content

When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by us), and you agree not to post or use any Content in any manner that:

  • infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others
  • violates the privacy, publicity, or other rights of third parties
  • is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion
  • is false or inaccurate
  • could damage our company, parent company, sister companies, affiliates, advertisers, or other parties

Though we strive to enforce these rules with all of our Members, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate Member accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending Member(s). We take no responsibility for your exposure to Content on the Site whether it violates our Content policies or not.


Member Communications

We may in some instances allow you and other Members to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). We shall have the right, but not the obligation, to monitor the Content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by us, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material from the Communities that we, in our sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other Member to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of ours.

The communications between you and us use electronic means, whether you visit the Site or send us emails, or whether we posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Any communications between you and us, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever and without paying any royalties or other compensation to you.


Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by us, and therefore such information is not subject to any confidentiality obligation. You agree that information provided to us in connection with the purchase of products and services, other than your credit card information, may be disclosed to us by Merchants for our commercial purposes.

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of the Services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Policy ) in your Statements. We do not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable Content. Any and all Statements you post to our Site are not confidential.

Furthermore, our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at Privacy Policy .


Websites of Others

The Site contains links to websites maintained by other parties, such as Merchant sites. We don’t have control over websites that we may link to.  Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them.  These links are provided solely as a convenience to you and not because we endorse or have an opinion about the content on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. You are encouraged to familiarize yourself with all policies of third party websites before using such websites. By using the Site you expressly relieve us from any and all liability arising from your use of any third party website.

The Site may contain coupons, promotions, or other offers relating to goods or services offered by Merchants. We do not control and cannot guarantee the accuracy, validity, or legality of any coupon, promotion, or other offer made available on the Site, regardless of whether such coupon, promotion, or other offer is provided by us.


License Grant

By posting Statements, Content or other information on the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements, Content or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements, Content or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose.


Terms of Sale

The Site contains links that allow Members to access third-party web sites on which Members may purchase goods or services from Merchants. We are not a seller, broker, or lender of any products or services advertised, featured, or otherwise mentioned on the Site. Products and services purchased on the Site by you as a Member are purchased directly from participating Merchants through our Service. We shall have no responsibility whatsoever in the event that a dispute arises between you and a Merchant.  We do not endorse any product or service or make any representation regarding the reliability, quality, safety, availability or accuracy of any information, products, or services provided to you by Merchants.

By placing an order for products and services, you have agreed to the terms of this Agreement, the terms of the Merchant’s offer itself and any additional, deal specific terms advertised or published by the Merchant at the time of purchase (the “Merchant Terms”). If, in this context, there is a conflict between the terms of this Agreement and the Merchant Terms, the Merchant Terms will govern.

Use of the Site constitutes acceptance of these Terms of Service and of any Merchant Terms. Because the Merchant is the provider of the products and/or services purchased via the Site, Merchant is fully responsible for all products and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or purchase of such products and services. You waive and release us and its parents, subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your purchase of the services/products it provides to you.


Other Limitations, Qualifications & Disclaimers

If we have any reason to suspect fraudulent activity is associated with your account, we reserve the right to suspend or terminate your account. You give us permission to review your account with Merchants in cases where we suspect fraudulent activity.


We are not responsible for changes to, or discontinuance of, any Merchant, or for any Merchant's withdrawal from the Services, or for any effect on discounts caused by such changes, discontinuance, or withdrawal. We are not responsible for changes to, or discontinuance of, any special offer or coupon code at a Merchant website.


Ownership of the Site/Intellectual Property
Except for material in the public domain under United States copyright law, all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code), the Content and information on this Site as well as the infrastructure used to provide both, is proprietary to us, other Members, our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. Everything located on or in this Site is our exclusive property or is being used with permission. We reserve all rights that are not expressly granted to you in this Agreement.

ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. The Content on the Site, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our Members, is owned by or has been licensed to us. We own a copyright or license in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without our express permission or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Our trademarks that are located within or on the Site otherwise owned or operated in conjunction with the Site shall not be deemed to be in the public domain but rather our exclusive property, unless such mark or site is under license from the trademark owner thereof, in which case such license is for our exclusive benefit and use unless otherwise stated. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting Content to this Site, you warrant that the owner of such material has expressly granted us the royalty-free, fully paid, perpetual, irrevocable, non-exclusive right and worldwide license to use, sublicense through multiple levels of sublicensees, reproduce, make derivative works of, modify, adapt, publish, translate and distribute such material (in whole or in part), publicly perform and/or to incorporate it in other works in any form, medium, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material and make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose.

You also permit any other Member to access, view, store or reproduce the material for that Member’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on this Site. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our Members, Merchants, and partners anywhere in the world, with respect to such rights.


Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

We respect the intellectual property of others, and we ask you to do the same. We reserve the right to terminate its agreement with you or any other Member who infringes third-party copyrights.

If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated DMCA Agent for notice of claims of copyright infringement is:

Invictus Foundation Attn: DMCA Agent, 5412 NE 6th CT, Ste. 200, Renton, WA 98059-4982, info@invictusfoundation.org

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.


Disclaimer of Warranty

We provide the Site and Services “as is,” “with all faults” and “as available.” We make no express warranties or guarantees about the Site, Services or products and/or services you purchase.  YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER WE, OUR PARENT, SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AND AGENTS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SERVICES OR PRODUCTS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.


Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE.  IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE, DELAY OR INABILITY TO USE THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR A THIRD-PARTY SITE ACCESSIBLE THROUGH THE SITE, OR THESE TERMS OF SERVICE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY, OR THE TOTAL AGGREGATE LIABILITY OF OUR PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAYABLE TO YOU AS DETERMINED AT THE TIME AND BY REFERENCE TO THE UNDERLYING TRANSACTION IN WHICH A CLAIM IS BEING ASSERTED, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you. In such states, our liability with respect to the Site and any third-party website accessible through the Site is limited to the greatest extent permitted under applicable law.


Indemnification/Release

You agree to defend, indemnify and hold harmless us, our parent company, subsidiaries, affiliates and their respective directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and debt, and expenses, including attorneys’ fees, arising out of or related to: (i) your use of and access to the Site; (ii)  any products or services purchased by you in connection with the Site; (iii) your or another Member’s violation of any term of these Terms of Service; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.


Arbitration

We will make every reasonable effort to resolve any disagreements that you have with us. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against us arising out of, relating to, or connected in any way with this Agreement this Site, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and us; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or our individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute.


Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our Services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Service will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that, these changes will not apply to purchases made prior to the effective date of such changes. These changes will be effective immediately for new Members of our Site and for all purchases made after the effective date of the change. We suggest that you revisit our Terms of Service from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Service will constitute acceptance of the modified Terms of Service.

We also reserve the right to change or discontinue any aspect or feature of our Services or the Site including, but not limited to requirements for access or use.


Termination

You may choose to cancel your membership at any time.  Upon cancellation, you lose all rights as a Member, including the right to purchase products or services through the Site. We may terminate your membership at any time. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Any failure to comply with these Terms of Service, any fraud or abuse, or any misrepresentation of any information furnished to us or our affiliates by you or anyone acting on your behalf may result in the termination of your account.

Notwithstanding the above, these Terms of Service will survive termination of this Agreement.


Choice of Law

Any disputes arising out of or related to these Terms of Service and/or any Use by you of the Site or Services shall be governed by the internal laws of the State of WA, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration shall be governed by the Federal Arbitration Act.


General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and as stated above, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please cease use of the Site.


You and we agree that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.


Additional Disclosures

Invictus Foundation Shopping is located at P.O. Box 631155, Irving, TX 75063-1155.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The provisions of these Terms of Service apply equally to and are for the benefit of for our benefit, our parent, subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Last Updated on January 26, 2012