ShopRVA ® ShopRVA.com and User and Affiliate Program Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. 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 ®, SHOPRVA ®”, “ShopRVA.com”, https://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 SHOPRVA ®, SHOPRVA ®, 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 ®, ShopRVA.com is owned and operated by SHOPRVA ®, LLC (“SHOPRVA ®”, “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 SHOPRVA ®, SHOPRVA ®, 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 SHOPRVA ®, SHOPRVA ® for violations of these Terms.
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 SHOPRVA ®, SHOPRVA ® profile page and the appearance of their coupons in SHOPRVA ®, SHOPRVA ® 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 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.
In order to open an account with SHOPRVA ®, 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 ®, 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 information you 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
SHOPRVA ®, SHOPRVA ® 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 SHOPRVA ®. 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, SHOPRVA ®, LLC owns all rights, title, and interest in and to SHOPRVA ®, SHOPRVA ® and ShopRVA.com, the Site and the Services, including all intellectual property rights therein.
Fees & Paid Services
SHOPRVA ®, ShopRVA.com offers various paid listing plans, each of which include different levels of access to the coupon/voucher creation tool and special offer distribution platform. 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. Merchant processing fees may be incurred and are the responsibility of the Participating Merchant / business.
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 SHOPRVA ®, SHOPRVA ®.
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 SHOPRVA ®, SHOPRVA ® is non-exclusive (meaning you are free to license your Content to anyone else in addition to SHOPRVA ®, SHOPRVA ®), irrevocable, fully-paid and royalty-free (meaning that SHOPRVA ®, SHOPRVA ® is not required to pay you for the use of the Services or the Content that you post), transferable and sublicensable (so that SHOPRVA ®, SHOPRVA ® 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 SHOPRVA ®, SHOPRVA ® 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, SHOPRVA ®, SHOPRVA ® may review all Content and may block, modify, terminate access to, or remove any such Content that SHOPRVA ®, SHOPRVA ® considers, in its sole discretion, does not comply with any of the requirements of this Agreement but SHOPRVA ®, SHOPRVA ® is not obligated to do so.
SHOPRVA ®, SHOPRVA ® 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. SHOPRVA ®, SHOPRVA ® shall not be liable for any purging, deletion or failure to retain any such Content.
User Data Rights
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 SHOPRVA ®, SHOPRVA ® 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. SHOPRVA ®, SHOPRVA ® is not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. SHOPRVA ®, SHOPRVA ® 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 SHOPRVA ®, SHOPRVA ® may terminate the account of any User in accordance with this Agreement.
You acknowledge that SHOPRVA ®, SHOPRVA ® may terminate the account of any User for engaging in prohibited activities including but not limited to the following:
- 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.
- 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.
- You agree to comply with: (i) this Agreement, including SHOPRVA ®, SHOPRVA ®’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 CAN-SPAM 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.
- 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.
- You agree not to engage in excessive usage of the Site or the Services, as determined by SHOPRVA ®, SHOPRVA ® 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.
- You agree not to take any action that imposes an unreasonable or disproportionately large load on the Site or its network infrastructure.
- 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.
- 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.
- 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.
- 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 SHOPRVA ®, SHOPRVA ®’s prior written consent.
- 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).
- 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.
- 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.
- 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.
- You agree not to reformat or frame any portion of the Site.
You further acknowledge and agree that SHOPRVA ®, SHOPRVA ® 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 aShopRVA ®ciated 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 aShopRVA ®ciated with such User account 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.
By providing SHOPRVA ® 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 ShopRVA.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. SHOPRVA ® 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.
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.html .
Third Party Links and Interactions
You release SHOPRVA ®, its officers, employees, agents and succeShopRVA ®rs 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, SHOPRVA ®, 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. SHOPRVA ® 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.
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 SHOPRVA ® will have the right to block access to or remove such Content made available by you, if SHOPRVA ® 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 SHOPRVA ® 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:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- 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;
- your address, telephone number, and email address;
- 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;
- 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 SHOPRVA ®:
Copyright Agent – SHOPRVA ®, ShopRVA.com
c/o AFFORDABLE ADVERTISING SOLUTIONS, LLC
PO BOX 1155
GLEN ALLEN, VA 23060
Attn: SHOPRVA ® 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 SHOPRVA ® 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 SHOPRVA ®.
Disclaimer of Warranties
SHOPRVA ®, SHOPRVA ® cannot guarantee continuous service, service at any particular time, or integrity of data, information or content stored or transmitted via the Internet. SHOPRVA ®, SHOPRVA ® 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 SHOPRVA ®, SHOPRVA ® 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, SHOPRVA ®, SHOPRVA ® 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. SHOPRVA ®, SHOPRVA ® 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
SHOPRVA ® 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; SHOPRVA ® 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 SHOPRVA.COM ACCOUNT; OR ANY CONDUCT BY USERS OF THE SITE OR SERVICES, EITHER ONLINE OR OFFLINE. SHOPRVA ® 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.
SHOPRVA ® 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 SHOPRVA.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 SHOPRVA.COM.
SHOPRVA ® 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 SHOPRVA ®, 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 SHOPRVA ® 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.
You agree to indemnify, defend, and hold harmless SHOPRVA ®, SHOPRVA ®, ShopRVA.com, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, succeShopRVA ®rs 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:
- any Content you submit, post, transmit, or make available through the Site or Services;
- any alleged or actual failure by you to honor or comply with the terms of any coupon or offer submitted by you:
- your use or misuse of the Services;
- your connection to the Services;
- your breach or alleged breach of this Agreement; or
- your violation of any rights (including intellectual property rights) of a third party.
Changes to Services
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
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. ShopRVA, SHOPRVA ® 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. SHOPRVA ®, 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 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 SHOPRVA ®, SHOPRVA ® or you want to arbitrate a dispute, SHOPRVA ®, SHOPRVA ® 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. SHOPRVA ®, SHOPRVA ® 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 SHOPRVA ®, SHOPRVA ® or you may submit the dispute to formal arbitration.
Both you and SHOPRVA ®, SHOPRVA ® each agree not to pursue arbitration on a consolidated or classwide basis. Both you and SHOPRVA ®, SHOPRVA ® each agree that any arbitration will be solely between you and SHOPRVA ®, SHOPRVA ® (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.
The failure of SHOPRVA ®, SHOPRVA ® or ShopRVA.com 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. SHOPRVA ®, SHOPRVA ® 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 SHOPRVA ®, SHOPRVA ® and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and SHOPRVA ®, SHOPRVA ® regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
Our Terms Of Service Are Subject To Change Without Notice. Please Check Back Periodically For New Updates.
By signing up to be an Affiliate in the ShopRVA ® Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
ShopRVA ® reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. ShopRVA ® cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own ShopRVA ® product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to ShopRVA ®. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the ShopRVA ®. You must ensure that each of the links between your site and the ShopRVA ® properly utilizes such special link formats. Links to the ShopRVA ® placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a ShopRVA ® product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://shoprva.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Identifying yourself as a ShopRVA ® Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of ShopRVA ® or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://shoprva.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. ShopRVA ® reserves the right to end the Program at any time. Upon program termination, ShopRVA ® will pay any outstanding earnings accrued above $20.
ShopRVA ®, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other ShopRVA ® service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. ShopRVA ® reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the ShopRVA ® will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of ShopRVA ® to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ShopRVA ® and govern your use of the Service, superceding any prior agreements between you and ShopRVA ® (including, but not limited to, any prior versions of the Terms of Service).
Last Updated: November 19, 2021