EUREKA TERMS OF USE

Thanks for visiting Eureka! These Terms of Use (the “Agreement”) apply to your access to and use of the websites (“Sites”), browser extensions or software applications, mobile application(s) (“Apps”), related services, and any other linked blogs, features, and content, including but not limited to any text, photos, graphics, lists of items compiled by you, as well as any comments, reviews, or other materials uploaded to or appearing on the Services (collectively, the “Services”) provided by Eureka (“Eureka” or “we” or “us”).

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.

1. Accepting the Terms

This Agreement is a contract between you and Eureka. By accessing and/or using our Services, which include any Emails (as defined below) you sign up for, you confirm that you are legally able to enter into this Agreement, as a person who is at least 18 years old, and agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, (1) do not access or use our Services; (2) unsubscribe from our Emails; and (3) if you have installed our App(s), uninstall them by following the instructions below.

Eureka may occasionally update this Agreement to comply with new laws or to reflect changes in our Services or practices. We will let you know of any changes by posting those changes here. If we do, you will see an updated date at the bottom of this Agreement or the Privacy Policy. You are responsible for reviewing this Agreement for any updates. By continuing to access and/or use our Services after we post an update, you are agreeing to be bound by the updated Agreement and Privacy Policy.

2. Privacy and your Personal Information

You can learn about our privacy and data collection practices by reviewing Eureka’s Privacy Policy. Our Privacy Policy is designed to help you understand how Eureka collects and processes data from users of our Services. By using our Services, you consent to Eureka’s collection, use, and sharing of your data as set forth in our Privacy Policy.

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 extension 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.

Beta Features. Eureka may offer beta features or functions to the Services from time to time. If we do, these features and functions will be 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.) (collectively, an “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 in 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.

Emails will only be sent to the email address you have provided and will identify Eureka as the sender. If your email address changes, you are responsible for informing us of that change. These Emails are subject to our Privacy Policy (link in Section 2).

7. Social Media Sites

Eureka and its Services may maintain a presence on social media websites, such as Facebook, YouTube, Instagram, and Twitter (collectively, "Social Media Sites"), to provide a place for the public to learn more about our Services and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Sites do not necessarily reflect Eureka’s opinions or ideas. All visitors to our Social Media Sites must comply with the respective social media website's terms of use. We review some but not all content posted on our Social Media Sites but have the right to remove any content we believe may be inappropriate or offensive.

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, however, you may not copy, modify, publish, create derivative works of, or in any way exploit our Services and their content.

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 (collectively, “Share”) your ideas, texts, graphics, videos, data, information, files, presentation decks and/or other content, including third-party content and any feedback, questions, comments, and suggestions (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 further represent and warrant that you possess all necessary rights to use or upload User Content in connection with the Services.

In no event are you authorized to, and it will be deemed a material breach of this Agreement to directly or indirectly use our Services, or to Share User Content that:

infringes on any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or any third-party right of publicity or privacy, including by using any third-party content without having secured any and all rights, consents, licenses, waivers, and clearances required from and the express prior documented authorization of such third party;
generates or facilitates visits to websites that appear to be based on fraudulent or deceptive practices, including the use of robots or other automated tools to generate unintended user requests, to open windows without a direct user click or authorization, and/or to redirect a user to a website such user did not intend to visit;
involves the transmission of “spam,” or unsolicited mass emails or text messages;
involves any substances, services, products, or materials that are illegal or prohibited in any state or country or other jurisdiction;
violates any applicable law, statute, ordinance, rule, or regulation, including but not limited to, the laws and regulations governing: (i) misleading, false, or deceptive advertising; (ii) online advertising or marketing; (iii) anti-discrimination; (iv) unfair competition; or (v) export control;
violates any applicable internet browser policies, procedures, or rules;
(i) is defamatory, libelous, or constitutes trade disparagement or libel; (ii) is profane, lewd, or obscene to a reasonable person; (iii) consists of an adult nature or products of an adult nature, including images, videos or text portraying nudity, sexual acts, drugs, adult toys, or contraceptives; or (iv) promotes violence or hate speech;
involves gambling, sweepstakes, Ponzi schemes, pyramid schemes, multi-level marketing campaigns, digital currencies, cryptocurrencies, or similar activities;
discloses any person’s personal identifiable information, including without limitation, name, address, social security number, telephone number, email address, content information, password, credit card, bank account, or other personal information;
provides material support or resources to any organization designated by the United States as a foreign or domestic terrorist organization;
disseminates viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines that if downloaded could cause harm (intentionally or unintentionally) to the Website, Services, or a consumer user’s computer;
uses any program, spider, “bot,” or other automatic device to gather information from the Website or Services, or engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity that is intended to obtain user information, portions of a database, or content or information from the Website or Services.
takes any action that imposes an unreasonable or disproportionately large load on our infrastructure;
reverse engineers, disassembles or decompiles any prototypes, software, any other systems, information, materials or objects that are provided to you or to which you are granted access to;
is misleading, deceptive, fraudulent, unfair, damaging to our consumer users, damaging to our business, or otherwise inappropriate or unacceptable in any way.

License to User Content. When you Share User Content with us, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a non-exclusive, royalty-free, perpetual, irrevocable right and license (“License”) to (1) use, modify, reproduce, distribute, display, and to create derivative works from your User Content in any manner we wish, including to make future modifications of the Services, other products or services; and (2) to use your name, image, voice, photograph, likeness and any other personal attributes in the User Content in connection with the Services, and in our marketing in all media (such as our social channels and any other advertising). The License will include all moral rights related to User Content, as well as any rights to musical compositions and/or recordings incorporated into the User Content. Non-exclusive means that you will still be free to use the User Content in any way you wish.

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 REGARDING 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 THROUGH 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.

11. Indemnity

You agree to defend, indemnify, and hold us harmless from and against any losses, claims, damages, costs, fines, penalties, settlements, or other liabilities, including reasonable attorneys’ fees and legal expenses, resulting from (i) your use of the Services and/or access to the Services; (ii) any violation of this Agreement; and (iii) your violation of any law, rule, or regulation related to the Services, as well as your violation of any third-party right, including but not limited to any copyright, trademark, trade secret or privacy right.

12. Removal

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 and selecting “Support.” 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.

Any legal concerns must be submitted to us via 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 by selecting “Legal.” If you and Eureka do not resolve the claim within 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 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 Orange or Los Angeles County, California. You and Eureka agree to submit to the exclusive jurisdiction of the federal or state courts located in Orange or Los Angeles County, California 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, by selecting “Legal” and detailing your opt-out within 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 Los Angeles or Orange County, California, and you consent and submit to the personal jurisdiction of such courts.

14. Miscellaneous

This is the entire and exclusive understanding and Agreement between us and you regarding the Services. This Agreement supersedes and replaces any and all prior oral or written understandings or agreements between us and you regarding any issue covered in this Agreement. Certain sections of this Agreement will continue in force even if we cease offering Services. Our decision not to enforce any part of this Agreement will not be considered a waiver. You may not amend this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by any adjudicator having competent jurisdiction, then that part will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions. Instead, any invalid or unenforceable part or provision will be replaced by a valid and/or enforceable part that meets the intention of the parties as much as possible. All of our rights and obligations under this Agreement, including any license rights, are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement will prevent us from complying with the law.

15. Contact Us

Eureka welcomes comments, questions, concerns, or suggestions. Please let us know via our Contact Us page.