PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ALL INFORMATION IS DEEMED RELIABLE BUT NOT GUARANTEED! BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
Welcome to “ShopRVA®", "SHOP RVA”, “SHOPRVA.com” and DailyDeals.SHOPRVA.com. The following terms and conditions (the "Terms of Service" or “Agreement”) form a binding agreement between you and us and apply to your access to, and use of, the website of SHOP RVA, located at www.SHOPRVA.com and www.DailyDeals.SHOPRVA.com (the "Site") and the local offer information and related services provided in connection therewith. SHOPRVA.com is owned and operated by SHOP RVA, LLC ("ShopRVA®", "SHOP RVA", "we" or "us"), which is offering the Services (as defined below). The terms "you" or "your" refer to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.
These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with SHOP RVA, or its subsidiaries or affiliates, for advertising, products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and SHOP RVA for violations of these Terms. Furthermore, YOU agree to HOLD HARMLESS, SHOP RVA LLC in all capacity that you are engaged in this website. This includes your role as a consumer, business owner, affiliate, marketing partner and any other type of user not disclosed herein. If YOU do not agree with ANY of these terms and conditions, YOU must leave our website immediately and not utilize it. By continuing, you expressly represent that you agree to all terms and conditions contained herein. You also agree, that ShopRVA reserves the right to change, modify, update, add, delete or incorporate content, terms and conditions as may be necessary from time to time, with or without your knowledge or consent. DO NOT CONTINUE, IF YOU DO NOT AGREE!
Our Services
We provide a set of local offer-based coupon-related tools you can use to create, distribute and track the performance of coupons, as well as providing businesses verified by us at our discretion with a SHOP RVA profile page and the appearance of their coupons in SHOP RVA search results, through our Site at http://www.SHOPRVA.com and any other related websites, toolbars, buttons, widgets, applications or other affiliate networks or distribution channels we may, from time to time, operate (collectively, the "Services"). You may use the Services for your personal and business use or for internal business purposes within the organization that you represent.
Acceptance of the Terms of Service
By accessing or using the Services, you agree to be bound by these Terms of Service, whether you are a “Member” (which means that you have registered for an account),“Customer” (which means that you have paid for our premium Services, where applicable), or a “Visitor” (which means that you are visiting the Site or any of our related websites, toolbars, widgets, applications or the like). The term “User” refers to a Visitor, Customer or a Member. These Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy (collectively, the “Guidelines”) will govern your use of the Services. If you do not agree to these Terms of Service, any of our Guidelines or any part thereof, your sole and exclusive remedy is to discontinue your use of the Site or the Services. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SHOPRVA.COM SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE SHOP RVA.COM AT YOUR OWN RISK
Eligibility
By using the Services, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age and older; and (e) your use of the Services does not violate any applicable law or regulation. Use of the Services is void where prohibited. Each User hereby warrants that if it is or represents a corporation or other legal entity, such entity is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement.
Your Account
In order to open an account with SHOPRVA.com, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by SHOPRVA.com during the registration process. You can create an account with us by registering on the Site or by adding our widget or application through other websites. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration informationyou have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
License Grants & Restrictions
SHOP RVA hereby grants you a non-exclusive, non-transferable, worldwide right to access and use SHOPRVA.com, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit SHOPRVA.com to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use SHOPRVA.com. All rights not expressly granted to you are reserved by SHOP RVA. You shall not (i) modify or make derivative works based upon SHOPRVA.com; (ii) reverse engineer or access SHOPRVA.com in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of SHOPRVA.com, or (c) copy any features, functions or graphics of SHOPRVA.com. You further acknowledge and agree that, as between the parties, SHOP RVA owns all right, title, and interest in and to SHOPRVA.com, the Site and the Services, including all intellectual property rights therein.
Free Services; Paid Services
Our basic coupon creation and local offer distribution platform is offered to Users free of charge. Additional Services are available to Customers under various pricing plans (“Paid Services”) and are subject to a separate set of terms – the Advertiser Terms and Conditions. You will not be charged for using any Service unless you have opted for a Paid Service.
Your Coupons
You expressly agree that any coupon or offer submitted by you will be honored by you and that you will use your best efforts to effectively administer and resolve any customer issues or problems arising from the coupon or offer and reported to SHOP RVA.
Your Content
You own all your content, including text, files, images, photos, videos and the like, which you store on our Services or which you or your visitors provide by using our Services (collectively, “Content”). You grant us a license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, republish, edit, translate, make derivative works of, publicly display and publicly perform such Content to the extent needed to provide our Services to you and in any other lawful manner. The license you grant to SHOP RVA is non-exclusive (meaning you are free to license your Content to anyone else in addition to SHOP RVA), irrevocable, fully-paid and royalty-free (meaning that SHOP RVA is not required to pay you for the use of the Services or the Content that you post), transferable and sublicensable (so that SHOP RVA is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach)
You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Services from your visitors or otherwise is provided to you AS IS for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through our Services.
You further acknowledge and agree that SHOP RVA does not control the Content originating from your account or other users of the Site or the Services, and does not guarantee the accuracy, integrity or quality of such Content. Notwithstanding the foregoing, SHOP RVA may review all Content and may block, modify, terminate access to, or remove any such Content that SHOP RVA considers, in its sole discretion, does not comply with any of the requirements of this Agreement but SHOP RVA is not obligated to do so.
SHOP RVA reserves the right to purge Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Content uploaded to the Site by you or received by you through the use of the Services. SHOP RVA shall not be liable for any purging, deletion or failure to retain any such Content.
User Data Rights
As a User, you may have access to certain information explicitly submitted by Users, such as contact information submitted while redeeming a coupon (“User Submissions”). In order to provide our Services, you also allow us to collect, store and use additional data about the usage of our tools that was not explicitly submitted by any User, such as IP address of a User or statistics about the usage of SHOP RVA coupons (collectively with User Submissions, “User Data”). You hereby grant SHOP RVA a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, modify, create derivative works of, distribute, translate, publicly perform and display the User Data on or through the Site and in all current and future media in which the Services may be distributed; (ii) use and disclose the User Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Site); and (iii) use User Data for other purposes permitted by our Privacy Policy, including the transmission by SHOP RVA or other Members of messages to you.
You hereby agree not to use, display or share User Data in a manner inconsistent with our Terms of Service and Guidelines. You own the Content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant SHOP RVA a license to use the Content created or stored by you for our commercial, marketing or any similar purpose. You agree not to use, display or share your Content or any data we provide to you in a manner inconsistent with our Terms of Service, Guidelines and all applicable laws and regulations. SHOP RVA is not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. SHOP RVA makes no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that SHOP RVA may terminate the account of any User in accordance with this Agreement.
Prohibited Activity
You acknowledge that SHOP RVA may terminate the account of any User for engaging in prohibited activities including but not limited to the following:
1. You agree not to use the Services for illegal, unauthorized, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property, privacy or other rights of another.
2. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. Despite these prohibitions, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material
3. You agree to comply with: (i) this Agreement, including SHOP RVA’s anti-spam policy and all other policies as published on the Site from time to time, (ii) all applicable U.S. federal, state, local and international laws, including the CANSPAM Act of 2003, and all other laws related to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property or child protective email address registries, (iii) all other rules or regulations applicable to User, and (iv) all privacy policies or similar policies or procedures to which User may be bound that are related to User’s use of the Services.
4. You agree not to attempt to use another user's account, impersonate any other person, website or entity, misrepresent your affiliation with a person or entity, use a false identity, or otherwise mislead visitors to and respondents of your coupon or offer.
5. You agree not to engage in excessive usage of the Site or the Services, as determined by SHOP RVA in its sole discretion, including usage that adversely affects the speed, responsiveness or functionality of the Site, or disrupts the availability of the Site and the Services for other users.
6. You agree not to take any action that imposes an unreasonable or
disproportionately large load on the Site or its network infrastructure.
7. You agree not to attempt to damage, deny service to, hack, crack, reverse
engineer or otherwise interfere with the Site or the Services in any manner.
8. You agree not to interfere with or disrupt the Site or the Services or servers or
networks connected to the Site or the Service, or disobey any requirements,
procedures, policies, or regulations of networks connected to the Site or the
Services.
9. You agree not to disrupt or interfere with the security or use of the Services, the
Site or any web sites linked to the Site.
10. You agree not to use the Site or the Services to collect, process, or otherwise
handle, “Protected Health Information” (as defined in 45 C.F.R. § 160.103) without
SHOP RVA’s prior written consent.
11. You agree not to upload, post, email, or otherwise transmit any Content that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary, and confidential information
learned or disclosed as part of employment relationships or under non-disclosure
agreements).
12. You agree not to attempt to obtain unauthorized access to the Site, user accounts,
computer systems or networks connected to the Site, or portions of the Site that
are restricted from general access.
13. You agree not to collect, record, process or mine -- manually or through an
automatic process -- information about other users without their express consent
or other information relating to the Site or the Services.
14. You agree not to use any robot, spider, site search/retrieval application, or other
automated device, process or means to access, retrieve, scrape, or index any
portion of the Site or any Content.
15. You agree not to reformat or frame any portion of the Site
You further acknowledge and agree that SHOP RVA may cooperate with any
governmental authority in connection with any investigation into User’s use of the Site or
the Services, including use in contravention of applicable laws, and may disclose any
Content, and any other information pertaining to the User or to User’s use of the Site or
the Services, to such governmental authority in connection with any such investigation.
Without assuming any obligation to do so, we may delete any Content or suspend any
account associated with it, that we have reasonable grounds to believe violates this
Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the
safety of any person.
Inactive User Accounts Policy
We reserve the right to disable or deactivate unpaid User accounts that are inactive for more than 90 days. In the event of such termination, all data associated with such Useraccount may be deleted. We will provide you prior notice of such termination by email. In the future, we may limit the number of, or eliminate, free Services and may impose different usage restrictions than currently offered.
Service Communications
By providing SHOP RVA your email address and phone number as a Member, you consent to our using the email address or phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or phone number to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or SHOP RVA.com offers. If you do not want to receive certain email messages and communications, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. SHOP RVA reserves the right to send you notices
about your account even if you opt out of all voluntary email and phone notifications
Availability and Internet Delays
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, which may be provided by third parties. These factors are not fault-free. We do not warrant or guarantee that the Services will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or
error-free.
Maps
Google Maps provides the map features on SHOPRVA.com. The data is being made available under the Google Maps/Earth Additional Terms of Service located
at https://www.google.com/intl/en_us/help/terms_maps/
Privacy Protection
We care about your privacy. Click here to view our Privacy Policy.
Third Party Links and Interactions
You release SHOP RVA, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. Additionally, SHOP RVA, Users or third parties may provide hyperlinks on the Site or Services, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. SHOP RVA expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or
reliability of Third Party Sites linked to by or through the Site or Services.
Copyright Protection
In the course of using any of the Services, if you come across any Content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable Content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. Further, by making any Content available in the manner aforementioned, you expressly agree that SHOP RVA will have the right to block access to or remove such Content made available by you, if SHOP RVA receives complaints concerning any illegality or infringement of third party rights in such Content. By using any of the Services and transmitting or publishing any Content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such Content by the agent designated by SHOP RVA for this purpose.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
1) An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on our
Services, such as by providing us the URLs to the content;
4) Your address, telephone number, and email address;
5) A written 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;
6) A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf.
The fastest way to reach our Copyright Agent for notices of claims of copyright
infringement is by email to SHOP RVA:
Email: Support@ShopRVA.com
Mailing address:
Copyright Agent – SHOP RVA.com
c/o SHOP RVA, LLC
11357 Nuckols Rd #1035
Glen Allen, VA 23059
USA
Attn: SHOP RVA, LLC Legal Department.
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 these Terms of Service. You further acknowledge and agree that SHOP RVA retains ownership and control over the “look and feel” and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in this Agreement.
SHOPRVA.com trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Services are the trademarks, service marks or trade dress of SHOPRVA.com and may not be copied, imitated, or used, in whole or in part, without the prior written
permission of SHOP RVA.
Disclaimer of Warranties:
SHOP RVA cannot guarantee continuous service, service at any particular time, or integrity of data, information or content stored or transmitted via the Internet. SHOP RVA does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
THE MATERIALS, SERVICES, AND PRODUCTS CONTAINED AND OFFERED ON THE SITE OR OTHERWISE BY SHOP RVA ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHOP RVA DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE SITE, THE SERVICES, THE USE OF THE SITE, OR ANY INFORMATION ON THE SITE: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE, SOFTWARE OR WEBSITE(S) YOU USE. ANY WARRANTIES AND REPRESENTATIONS SPECIFICALLY SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, THE SITE, PRODUCTS AND SERVICES, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES HERETO OR BY OPERATION OF LAW, NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON. SHOP RVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL SHOP RVA OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WITHOUT LIMITATION DAMAGES RELATING TO LOST REVENUES, LOST PROFITS, LOSS OF USE, LOST DATA OR LOSS OF GOODWILL, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS OR SERVICES, OR YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE.
SHOP RVA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR SERVICES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; SHOP RVA FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANYTHING CONTAINED ON THE SITE OR SERVICES; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SITE OR SERVICES; ANY LOSSES OR DAMAGES ARISING FROM RELIANCE ON DATA IN A SHOP RVA.COM ACCOUNT; OR ANY CONDUCT BY USERS OF THE SITE OR SERVICES, EITHER ONLINE OR OFFLINE. SHOP RVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ALL SERVICES AND PRODUCTS AND ANY THIRD PARTY WEB SITES AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SHOP RVA DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED BY THIRD PARTIES. NEITHER THE ACCURACY OR THE COMPLETENESS OF ANY INFORMATION PROVIDED WILL BE VERIFIED BY SHOP RVA.COM AND THE USER ASSUMES THE RISK OF SAME. USER IS SOLELY RESPONSIBLE FOR IDENTIFYING AND CORRECTING ANY AND ALL ERRORS IN INFORMATION STORED ON USER’S BEHALF BY SHOP RVA.COM.
SHOP RVA ASSUMES NO LIABILITY FOR THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED INTO THE SITE, THE RISK OF WHICH IS ASSUMED BY YOU.
YOU AGREE THAT SHOP RVA, LLC’S ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS SHALL BE LIMITED, IN THE AGGREGATE, TO THE GREATER OF
(I) USD $150.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU PAID TO SHOP RVA IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED.
YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THE SITE OR SERVICES, MUST BE FILED WITHIN ONE (1) CALENDAR YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.
Indemnification
You agree to indemnify, defend, and hold harmless SHOP RVA, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the
“Company Indemnitees”) from and against any claim, demand, loss, damage, cost, or liability (including amounts paid in settlement and reasonable attorneys’ fees) arising out of or relating to:
1) any Content you submit, post, transmit, or make available through the Site or Services;
2) any alleged or actual failure by you to honor or comply with the terms of any coupon or offer submitted by you:
3) your use or misuse of the Services;
4) your connection to the Services;
5) your breach or alleged breach of this Agreement; or
6) your violation of any rights (including intellectual property rights) of a third party.
Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on the Site and/or by emailing you. The revised version will be effective at the time we post it to the Site or otherwise notify you. Your continued use of the Services after such posting or notification of the changes constitutes your binding acceptance of such changes.
Term and Termination
You may terminate your account and end your use of the Services at any time and for any or no reason. SHOP RVA has the right (at its sole discretion) for any reason to (i)delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services, (ii) remove and discard any Content within any account or anywhere on the Site or (iii) shut down an account, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and your access rights to the Site and any Services immediately cease to exist. SHOP RVA, LLC’s rights survive the termination of this Agreement.
Governing Law and Arbitration
This Agreement shall be governed by the laws of the State of Virginia and Delaware without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Richmond, Virginia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
If either SHOP RVA or you want to arbitrate a dispute, SHOP RVA and you each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your billing address that you provided us and notice to us will be sent to: 1904 Byrd Avenue, Suite 326, Richmond, Virginia 23220. SHOP RVA and you each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate.
Thereafter, either SHOP RVA or you may submit the dispute to formal arbitration.
Both you and SHOP RVA each agree not to pursue arbitration on a consolidated or classwide basis. Both you and SHOP RVA each agree that any arbitration will be solely between you and SHOP RVA (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the
dispute must be brought in court.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY
LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial by Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
General
The failure of SHOP RVA to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. SHOP RVA may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement constitutes the entire agreement between you and SHOP RVA and governs your use of the Services, superseding any prior agreements
(whether written or oral) between you and SHOP RVA regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
The following guidelines apply to all ads appearing within the “SHOP RVA” website located at https://www.SHOPRVA.com/ (including the “SHOP RVA” mobile app, the Site”) operated by SHOP RVA, LLC. (“SHOP RVA”, “we” or “us”) or within the “SHOP RVA” network of third-party partner websites (the ““SHOP RVA” Network”).” We reserve the right to make exclusions to these guidelines on a case-by-case basis for ads sold directly by SHOP RVA and integrated into the Site. In addition, all advertising on the Site or the “SHOP RVA” Network must comply with the “SHOP RVA” Privacy Policy and Terms of Service. We reserve the right to reject, remove, or ban advertising that we determine violates our advertising guidelines or deem contrary to our advertising philosophy. No rights are guaranteed to advertisers under these guidelines and, by submitting an ad, advertiser and its third party networks represent that its ad complies with these guidelines. These guidelines are subject to change at any time and we may waive any of these guidelines at our sole discretion.
1. Advertising Compliance
a. Third-Party Website Ad Guidelines
i. “SHOP RVA” does not currently use third parties to host the Site but reserves the right to do so in the future. Advertisers must comply with all ad guidelines specified by any third-party website hosting the “SHOP RVA” application. Compliance is the responsibility of all companies involved in placing an ad on a “SHOP RVA” application, be it advertiser, advertising network, agency, broker, or offerwall provider. All parties involved must know the “SHOP RVA” advertising guidelines as well as the guidelines and terms of service specific to the third-party website, if any, hosting the “SHOP RVA” application that the ads are being shown on.
ii. All companies involved in advertising on the Site or the “SHOP RVA” Network must ensure that ads are in compliance when advertising guidelines are updated by us
or any third-party website hosting the “SHOP RVA” application.
2. SHOP RVA Trademarks and Intellectual Property
a. All ads, ad copy, and landing pages must adhere to the following restrictions:
i. Ads cannot mention or refer to “SHOP RVA”, SHOP RVA or the “SHOP RVA”
brand in any manner, including in the title, body, image, destination URL, or landing page.
3. Advertisers’ Websites
(where linked from ads on the Site or the “SHOP RVA” Network)/ Destination URLs
a. Advertisers’ websites cannot generate a pop-up (including “pop-overs” and
“pop-unders”) when a user enters or leaves the page.
b. Advertisers’ websites cannot use “fake” close behavior (i.e., When a user clicks the ‘close’ icon on the page, the page should close down and no other behavior should result).
c. Advertisers’ websites cannot utilize “mouse trapping” whereby the advertiser does not allow users to use their browser “back button” and traps them on their site and/or present any other unexpected behavior (for example: navigation to another ad or page).
d. Upon any click of a link, advertisers’ websites cannot auto-adjust the dimensions of a user’s browser (screen takeover).
e. Upon any click of a link, advertisers’ websites cannot pop or auto-launch a
download to a user’s computer.
4. Prohibited Advertisers, Ad Categories and Content
a. Businesses Located Outside the United States
b. Online-Only (E-Commerce) Businesses (including online games)
c. Multi-Level Marketing Businesses (e.g., Avon or Herbalife)
d. Real Estate Listings
e. Personal Ads (e.g., “1998 Honda Civic for $500”; “Hugs for Sale”)
f. Business Opportunity Offers
i. “Get rich quick” and other money-making opportunities that offer compensation for little or no investment, including money-making schemes positioned as alternatives to
part-time or full-time employment.
ii. For example, “Learn how to make $1,000/day on eBay”
g. Quizzes, Surveys (and any variation thereof)
i. Questions presented to users that have no actual bearing on the ad or offer
displayed are not permitted.
h. Gambling Advertisements
i. Gambling, including without limitation, any online casino, sports books, bingo,
poker, or keno.
i. Prohibited Content/Prohibited Goods and Services
i. Illegal activity;
ii. Offensive, profane, vulgar, obscene or inappropriate language;
iii. Obscene, defamatory, libelous, slanderous and/or unlawful content;
iv. Tobacco products; recreational drugs (chemical or herbal); psychoactive substances; equipment to facilitate drug use; prescription drugs; unapproved
pharmaceutical products; and/or dietary or nutritional supplements;
v. Ammunition, firearms, paintball guns, BB guns, explosives or weapons of any
kind;
vi. Scams, pyramid schemes, or chain letters;
vii. Contests and sweepstakes;
viii. Adult content, including nudity, sexual terms, prostitution, escort services and/or images of people in positions or activities that are excessively suggestive or sexual, provocative images in violation of SHOP RVA standards, adult toys, videos, or other adult products;
ix. Adult friend finders or dating sites with a sexual emphasis;
x. Spy cams or illegal surveillance equipment;
xi. Inflammatory religious content;
xii. Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
xiii. Content that exploits political agendas or uses “hot button” issues for commercial use regardless of whether the advertiser has a political agenda;
xiv. Hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
xv. Content that advocates against any organization, person, or group of people, with the exception of candidates running for public office; and
xvi. Content that depicts a health condition in a derogatory or inflammatory way or
misrepresents a health condition in any way.
5. Data and Privacy
a. All ads must comply with the “SHOP RVA” Privacy Policy.
b. User information cannot be used for any other purpose other than for the original product or service being advertised except with the user’s consent, if that consent is obtained through the user’s express consent with a posted privacy policy that is presented to the user before the user submits its information and the use is described in a straightforward, accurate and non-deceptive manner.
i. Exception: If a user explicitly opts-in via a checkbox for allowing their information to be shared with a third party or used for purposes not directly related to the offer being advertised. Advertisers cannot provide incentives for users to opt-in.
c. Advertiser terms that automatically opt-in a user to allow for the user’s information to be shared with third parties is not permitted. This applies to all parties involved in displaying an ad on the Site or the “SHOP RVA” Network, including but not
limited to advertisers, advertising networks, agency, brokers, or offerwall providers.
6. Enforcement
a. Advertisers, ad networks, ad brokers, and offer wall providers must only deliver ads that correspond to Affordable Advertising Solution’s ad philosophy and do not violate the ad guidelines. The parties must police themselves with human and technological means to ensure compliance. Technology failures are not acceptable.
b. We reserve the right to monitor ads and offers to ensure compliance. For ad placements that geo-target based on IP (such as offerwalls), we may monitor ads from IP addresses around the world.
c. We reserve the right to remove ads that violate these guidelines and may take enforcement action against any advertiser, ad network, ad broker, or offerwall provider that violates these guidelines including but not limited to removing all traffic from and ceasing to do business with the offending provider.
The following guidelines apply to all ads appearing within the “SHOP RVA” website located at http://www.SHOPRVA.com/ (including the “SHOP RVA” mobile app, the “Site”) operated by Affordable Advertising Solutions, LLC. (“Affordable Advertising Solutions”, “we” or “us”) or within the “SHOP RVA” network of third-party partner websites (the ““SHOP RVA” Network”).” We reserve the right to make exclusions to these guidelines on a case-by-case basis for ads sold directly by Affordable Advertising Solutions and integrated into the Site. In addition, all advertising on the Site or the “SHOP RVA” Network must comply with the “SHOP RVA” Privacy Policy and Terms of Service. We reserve the right to reject, remove, or ban advertising that we determine violates our advertising guidelines or deem contrary to our advertising philosophy. No rights are guaranteed to advertisers under these guidelines and, by submitting an ad, advertiser and its third party networks represent that its ad complies with these guidelines. These guidelines are subject to change at any time and we may waive any of these guidelines at our sole discretion.
1. Advertising Compliance
a. Third-Party Website Ad Guidelines
i. “SHOP RVA” does not currently use third parties to host the Site but reserves the right to do so in the future. Advertisers must comply with all ad guidelines specified by any third-party website hosting the “SHOP RVA” application. Compliance is the responsibility of all companies involved in placing an ad on a “SHOP RVA” application, be it advertiser, advertising network, agency, broker, or offerwall provider. All parties involved must know the “SHOP RVA” advertising guidelines as well as the guidelines and terms of service specific to the third-party website, if any, hosting the “SHOP RVA” application that the ads are being shown on.
ii. All companies involved in advertising on the Site or the “SHOP RVA” Network must ensure that ads are in compliance when advertising guidelines are updated by us or any third-party website hosting the “SHOP RVA” application.
2. Affordable Advertising Solutions Trademarks and Intellectual Property
a. All ads, ad copy, and landing pages must adhere to the following restrictions:
i. Ads cannot mention or refer to “SHOP RVA”, Affordable Advertising Solutions or the “SHOP RVA” brand in any manner, including in the title, body, image, destination URL, or landing page.
3. Advertisers’ Websites
(where linked from ads on the Site or the “SHOP RVA” Network)/ Destination URLs
a. Advertisers’ websites cannot generate a pop-up (including “pop-overs” and “pop-unders”)when a user enters or leaves the page.
b. Advertisers’ websites cannot use “fake” close behavior (i.e., When a user clicks the ‘close’ icon on the page, the page should close down and no other behavior should result).
c. Advertisers’ websites cannot utilize “mouse trapping” whereby the advertiser does not allow users to use their browser “back button” and traps them on their site and/or present any other
unexpected behavior (for example: navigation to another ad or page).
d. Upon any click of a link, advertisers’ websites cannot auto-adjust the dimensions of a user’s
browser (screen takeover).
e. Upon any click of a link, advertisers’ websites cannot pop or auto-launch a download to a
user’s computer.
4. Prohibited Advertisers, Ad Categories and Content
a. Businesses Located Outside the United States
b. Online-Only (E-Commerce) Businesses (including online games)
c. Multi-Level Marketing Businesses (e.g., Avon or Herbalife)
d. Real Estate Listings
e. Personal Ads (e.g., “1998 Honda Civic for $500”; “Hugs for Sale”)
f. Business Opportunity Offers
i. “Get rich quick” and other money-making opportunities that offer compensation for little or no investment, including money-making schemes positioned as alternatives to part-time or full-time
employment.
ii. For example, “Learn how to make $1,000/day on eBay”
g. Quizzes, Surveys (and any variation thereof)
i. Questions presented to users that have no actual bearing on the ad or offer displayed are
not permitted.
h. Gambling Advertisements
i. Gambling, including without limitation, any online casino, sports books, bingo, poker, or
keno.
i. Prohibited Content/Prohibited Goods and Services
i. Illegal activity;
ii. Offensive, profane, vulgar, obscene or inappropriate language;
iii. Obscene, defamatory, libelous, slanderous and/or unlawful content;
iv. Tobacco products; recreational drugs (chemical or herbal); psychoactive substances;equipment to facilitate drug use; prescription drugs; unapproved pharmaceutical products; and/or
dietary or nutritional supplements;
v. Ammunition, firearms, paintball guns, BB guns, explosives or weapons of any kind;
vi. Scams, pyramid schemes, or chain letters;
vii. Contests and sweepstakes;
viii. Adult content, including nudity, sexual terms, prostitution, escort services and/or images of people in positions or activities that are excessively suggestive or sexual, provocative images in
violation of Affordable Advertising Solutions standards, adult toys, videos, or other adult products;
ix. Adult friend finders or dating sites with a sexual emphasis;
x. Spy cams or illegal surveillance equipment;
xi. Inflammatory religious content;
xii. Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;
xiii. Content that exploits political agendas or uses “hot button” issues for commercial use regardless of whether the advertiser has a political agenda;
xiv. Hate speech, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group;
xv. Content that advocates against any organization, person, or group of people, with the exception of candidates running for public office; and
xvi. Content that depicts a health condition in a derogatory or inflammatory way or misrepresents a health condition in any way.
5. Data and Privacy
a. All ads must comply with the “SHOP RVA” Privacy Policy.
b. User information cannot be used for any other purpose other than for the original product or service being advertised except with the user’s consent, if that consent is obtained through the user’s express consent with a posted privacy policy that is presented to the user before the user submits its information and the use is described in a straightforward, accurate and non-deceptive manner.
i. Exception: If a user explicitly opts-in via a checkbox for allowing their information to be shared with a third party or used for purposes not directly related to the offer being advertised. Advertisers cannot provide incentives for users to opt-in.
c. Advertiser terms that automatically opt-in a user to allow for the user’s information to be shared with third parties is not permitted. This applies to all parties involved in displaying an ad on the Site or the “SHOP RVA” Network, including but not limited to advertisers, advertising networks, agency, brokers, or offerwall providers.
6. Enforcement
a. Advertisers, ad networks, ad brokers, and offer wall providers must only deliver ads that correspond to Affordable Advertising Solution’s ad philosophy and do not violate the ad guidelines. The parties must police themselves with human and technological means to ensure compliance. Technology failures are not acceptable.
b. We reserve the right to monitor ads and offers to ensure compliance. For ad placements that geo-target based on IP (such as offerwalls), we may monitor ads from IP addresses around the world.
c. We reserve the right to remove ads that violate these guidelines and may take enforcement action against any advertiser, ad network, ad broker, or offerwall provider that violates these guidelines including but not limited to removing all traffic from and ceasing to do business with the offending provider.
Last Updated: March 14, 2024