1. Accepting the Terms
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A RELEASE OF ALL DAMAGES AGAINST US ARISING FROM YOUR USE OF THE SERVICES. IF YOU WOULD LIKE TO OPT OUT OF THE ARBITRATION PROVISION OR CLASS ACTION WAIVER, PLEASE FOLLOW THE INSTRUCTIONS IN SECTION 13.
2. Privacy and your Personal Information
3. Our Services
The Eureka shopping assistant provides you access to relevant coupon codes, the latest deals, price comparisons, and more to improve your shopping experience and help you save. You can install our browser and/or mobile App, which allows you to access these features anytime as you browse the web or use your mobile device.
Changes to our Services. To make sure Eureka can keep evolving its Services and improving your online experience, we reserve the right to make changes we need to the Services at any time, including by adding or modifying features or functions to the Services, releasing new Services, or removing certain existing Services. In addition, Eureka reserves the right to suspend or discontinue, temporarily or permanently, any or all Services, including the availability of any feature, function, or content. Although Eureka will use commercially reasonable efforts to notify you of any changes to our Services, you understand that Eureka may make changes without notice or liability to you or any third party.
Availability of our Services. Your access to and use of the Services may be interrupted from time to time due to periodic updating, maintenance, or repair by Eureka or third-party failures outside of Eureka’s control. While we will use reasonable efforts to make our Services available to you, we do not promise that it will be available at all times.
Your Communications with Eureka. You agree that Eureka may use any communication or material you transmit to the Services via the Contact Us page or otherwise, such as any feedback, questions, comments, and suggestions, in any way, including in future modifications of the Services, other products or services, without any compensation to you.
Restrictions on Your Use of our Services. You agree to use our Services in a lawful and compliant manner. You represent, warrant, and agree that you will not use the Services, including uploading or sharing any User Content (as defined below), in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else, including any privacy rights;
- violates any law, regulation, or this Agreement;
- is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- violates the security of any computer network;
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services through use of manual or automated means; or
- damages or undermines our Services.
If you violate any of the rules above, we may immediately suspend or terminate your right to use or access the Services and such violation may result in your civil and/or criminal prosecution.
Beta Features. Eureka may offer beta features or functions to the Services from time to time. These features and functions are offered solely for purposes of evaluation and feedback without any compensation or reimbursement from Eureka, and Eureka may modify or discontinue these features and functions at its sole discretion. Your access and/or use of any beta features or functions is at your sole risk and Eureka does not provide any warranty of any kind.
4. User Accounts
Free Accounts. You may choose to create an account with Eureka to access certain features, such as favoriting stores, accessing your shopping history, or adding items to your wishlist. You may create an account by providing personal details about yourself (such as email address, password, and/or name), or in some cases, by using your existing social media accounts (Google, Facebook, etc.) (“Account”). You are responsible for keeping your information up-to-date and accurate. For any Accounts you create through our Services, you are responsible for maintaining the confidentiality of your Account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account. This means, you should not reuse your password across Services or on third-party services. If you learn of any unauthorized use of your Account, you agree to notify us immediately and make changes to your Account preferences as soon as possible.
Your Account is for your personal, non-commercial use only. You may not impersonate someone else, create or use an Account for anyone other than yourself, or provide an email address or sign-in information other than your own. We reserve the right to disable or suspend your Account at any time for any reason.
Premium Services. Some of our Services may offer upgraded versions of the Service for a fee (“Premium Accounts”). If you sign up for a Premium Account, you agree to pay us the applicable fees and taxes and to additional terms specific to the Premium Account. Premium Accounts will typically be paid for based on a subscription model, and your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. Failure to pay these fees will result in the termination of your Premium Account.
5. Third Party Materials
Our Services may include content that links to or is displayed by third-party services and websites, including social media links or icons (“Third-Party Materials”). If you access other websites or services via Third-Party Materials, you may be taken to a website that we do not control. You should read the terms and conditions and privacy policies that apply to such third-party websites or services. We are not responsible or liable for, nor do we endorse, the products or materials of the Third-Party Materials. To permanently stop viewing Third Party Materials, please uninstall the Apps, unsubscribe from our Emails, and do not access or use our Services.
6. Electronic Communications
When you use our Services, you may be prompted to provide your email address. By using our Services and providing your email address, you consent to receive email communications from Eureka regarding our Services, customer service issues, account-related notifications, and promotional communications (collectively, “Emails”). You may opt out of promotional communications by clicking on the “Unsubscribe” button on the bottom of any Emails. Please know that even if you unsubscribe from receiving promotional Emails from a Service, you may continue to receive administrative Emails or Emails from any other Services for which you signed up to receive Emails.
7. Social Media Sites
8. Intellectual Property Rights
The contents of our Services, including any related trademarks, logos, and service marks, whether or not registered, are protected under copyright, trademark, and other laws. Such content belongs to Eureka, our licensors, or other third parties. Eureka grants you the right to use our Services subject to this Agreement. Except with our prior written consent, you may not copy, modify, publish, create derivative works of, or in any way exploit our Services and their content. To request permission, please contact us through our Contact Us page.
Claims of Copyright Infringement. Eureka responds to claims of copyright infringement within our Services in accordance with the Digital Millennium Copyright Act (“DMCA”) and any other applicable laws. We reserve the right to delete or disable any content in the Services alleged to be infringing. To review our complete Copyright Policy and learn how to report potentially infringing content, please click here.
User Content. Eureka may allow you to upload, submit, store, share, receive, collect, capture and/or visualize your ideas, texts, graphics, videos, data, information, files, presentation decks and/or other content, including third-party content (collectively, “User Content”). You are responsible and liable for all User Content you post or transmit through the Services. Eureka does not claim ownership of your User Content, nor are we responsible or liable for any User Content. Although we may not always be able to review all User Content, we reserve the right to edit or remove any User Content that violates this Agreement or for any other reason. You represent and warrant that you possess all necessary rights to use or upload User Content in connection with the Services and you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your User Content in connection with the Services and as otherwise provided herein.
9. Warranty Disclaimers
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Eureka AND its employees, principals, officers, directors, members, consultants, agents, affiliates, parent companies and subsidiaries (collectively, “related parties”) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGADING SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE. IN ADDITION, EUREKA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation on Our Liability
EUREKA AND ITS RELATED PARTIES SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THRUGH THE SERVICES, EVEN IF EUREKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EUREKA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You shall indemnify, defend and hold harmless Eureka and its Related Parties from and against any and all claims and expenses, including but not limited to attorney fees and other legal expenses, in whole or in part, arising out of or attributable to your use of the Services or any breach by you of this Agreement.
This Agreement will continue to apply until you stop using our Services. You may remove our Apps by going to the Uninstall page and following the directions to remove the Apps from your browser or mobile device. You must separately opt out of receiving our Emails by clicking the “Unsubscribe” button at the bottom of any Emails. Also, you may deactivate your Account by contacting us through our Contact Us page. Eureka may terminate this Agreement (and therefore your right to access and use the Services) at any time.
13. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Eureka is always interested in resolving disputes amicably, and most concerns can be resolved quickly to your satisfaction by contacting us at the email address below or through the Contact Us page.
If you and Eureka are unable to resolve a dispute by informal negotiation, the dispute shall be resolved by binding arbitration before a neutral arbitrator. The party seeking arbitration must first send to the other a Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the specific relief sought. The Notice to Eureka should be sent via our Contact Us page. If you and Eureka do not resolve the claim within thirty (30) days after Notice is received, the parties may commence an arbitration proceeding.
YOU AGREE THAT ANY AND ALL DISPUTES OR CLAIMS BETWEEN YOU AND THE EUREKA FAMILY ARISING OUT OF OR RELATING TO THE SERVICES, THIRD PARTY MATERIALS, AND/OR THIS AGREEMENT WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION AND YOU HEREBY EXPRESSLY WAIVE TRIAL BY JURY. This provision applies regardless of whether the dispute, action, or other controversy is based on past, present, or future events, and whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.
Arbitration will be administered by one arbitrator in Travis County, Texas. You and Eureka agree to submit to the exclusive jurisdiction of the federal or state courts located in Travis County, Texas in order to compel arbitration, stay proceedings, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Each party will pay its own fees, including filing fees and costs of counsel, experts, witnesses, and the parties will split the cost of the arbitrator.
IN ADDITION, YOU AND EUREKA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. Unless both you and Eureka agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claim and has no authority to award class-wide relief.
YOU MAY OPT OUT OF THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER via the Contact Us page and detailing your opt-out within thirty (30) days from the date you first used our Services. Untimely opt-outs will not be valid. You agree that any action at law or in equity arising out of or relating to the Services and/or this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, in the federal and state courts of Travis County, Texas, and you consent and submit to the personal jurisdiction of such courts.
15. Contact Us
Eureka welcomes comments, questions, concerns, or suggestions. Please let us know via our Contact Us page.