TERMS & CONDITIONS
You must be 18 years of age or older to use the Site. If you are 13 years of age or older but less than 18 years of age, you may only use the Site if done so in conjunction with a parent or legal guardian who agrees to this Agreement.
In accessing this Site, ShopLately grants you a limited license to access and make personal use of the Site and its services. This license does not, however, authorize you to download, copy, reproduce, cache, distribute, modify, transmit, or otherwise use any information, text, images, videos, or any other materials on or originating from the Site for any other purpose.
2. Modification of Terms
You shall be responsible for obtaining and maintaining all equipment and services necessary to access this site, including but not limited to computer hardware, telephone service, internet service, and any other equipment or service required. ShopLately shall not be liable for any damage to the End User’s equipment that arises from the use of the Site.
4. User Conduct
While ShopLately encourages interaction by its users, you must agree not to do any of the following: conduct or promote any illegal activity while using this Site; upload or distribute materials, or link to any third-party websites, that contain offensive, harmful, threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable content; and engage in any conduct that may give rise to criminal or civil liability. Furthermore, you agree not to attempt to gain unauthorized access to secured portions of the Site; reverse engineer or otherwise attempt to derive the source code of the software that enables or underlies the Site; engage in any act to undermine or jeopardize the normal functioning of the Site; upload or transmit any form of virus, worm, Trojan horse, or other malicious code; exploit the Site to generate unsolicited emails, advertisements, or spam; use any automated method to harvest information from the Site, including but not limited to deal and user information; and impersonate an employee or representative of ShopLately, another user, or any other individual or entity. You also agree not to use the site to advertise or perform any commercial, religious, political or non-commercial solicitation of any kind, including but not limited to soliciting other users to avail themselves of the services that may be directly or indirectly competitive or potentially competitive with ShopLately.
ShopLately may, but is not obligated to, monitor the conduct of the Site’s users or the communications they make via the Site. You agree that you use the Site at your own risk and are aware that ShopLately cannot exert constant control over the Site’s users’ conduct.
5. User Accounts
6. Purchase Terms
Once you’ve purchased a product, your credit card will be charged and a confirmation message will appear. All products are subject to all terms and conditions of both ShopLately and the Merchant. The following terms apply to all purchases:
- Products may be returned in their original, undamaged condition for a full refund within 21 calendar days after the product has been shipped to you. To make a return, log into your ShopLately account and click on “My Account” and then “Purchases;”
- Returns must be shipped directly back to the Merchant, not ShopLately. You must ship the item within 3 business days of first requesting the return. If you fail to do so, you may not be able to return the product or receive a refund for the return;
- Products that are marked “final sale” cannot be returned at any time. No ShopLately credit or other form of credit will be issued for the return of final sale items;
- You are responsible for the entirety of shipping costs to return products to Merchants;
- Shipping costs are nonrefundable;
- Damaged or broken products are subject to the same return policy as undamaged products;
- Because many items sell out quickly, exchanging products (e.g., for another size, different color) is not possible;
- You may cancel an order within 30 minutes of making the order. You will need to visit the “Purchases” tab under “My Account,” and click the “Cancel” button that appears next to your order. After 30 minutes have elapsed, you cannot cancel an order;
- Sales and use tax will be applied to products purchased by California residents who list a California shipping addresses. ShopLately will collect sales and use tax for products purchased by California residents who list California shipping addresses. Merchants are responsible for collecting sales and use taxes in their states;
- ShopLately is not responsible for products lost or damaged in shipment.
- Products are purchased from Merchants, not from ShopLately. ShopLately merely provides a venue where Merchants may sell products. Therefore ShopLately has no control over the quality, safety, morality or legality of any aspect products, including but not limited to the truth or accuracy of the listing. ShopLately does not transfer legal ownership of any product or item to any End User or Merchant. You acknowledge and agree that ShopLately is not responsible or liable, directly or indirectly, for any harm, damages, loss or injuries arising from the purchase or use of any products, goods or services you obtain from Merchants, or from the Merchant’s failure to deliver products, goods or services.
7. Intellectual Property
Everything located on the Site is property of ShopLately or used with the express permission of a third party. You agree not to copy, distribute, transmit, post, link, deep link, or otherwise modify the Site without the express written permission of ShopLately. Any such violation my constitute copyright and/or trademark infringement, is prohibited, and may subject an End User to civil and/or criminal penalties.
The Site contains copyrighted and trademarked materials, including but not limited to text, images, video, software, graphics, music, and sound. The entire contents of the Site are protected by copyright law as a collective work. Furthermore, ShopLately maintains a copyright in the layout, arrangement, coordination and enhancement of that original content. You are prohibited from modifying, editing, publishing, transmitting, selling, transferring, creating derivative works of, or otherwise exploiting the content, in whole or in part, of the Site. You are, however, permitted to download, print, and save the Site and/or its contents for your personal use only; no other use is permitted. Except to the extent permitted by law, you may not copy, transmit, distribute or otherwise exploit the Site’s contents for any commercial purpose. To the extent that the law does permit such exploitation, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge and agree that you acquire no rights in or title to copyrighted materials you download from the Site. ShopLately trademarks shall be deemed not to be in the public domain but rather the exclusive property of ShopLately. Trademarks of the third-parties appearing on the Site are subject to a license giving ShopLately the right to use and display them.
You agree not to upload to the Site any materials protected by copyright, trademark, or other proprietary right unless you have the express permission of the rights holder to do so. ShopLately is not obligated to assist you in identifying whether materials are copyrighted, trademarked, or otherwise protected. You are solely liable for any damage resulting from uploading materials that infringe upon copyrights, trademarks, and/or other proprietary rights. By submitting material to any public area of the Site, you represent, warrant and guarantee that you have the right to do so. Furthermore, by submitting material to any public area of the Site you expressly grant ShopLately the royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, copy, reproduce, adapt, modify, transmit, publish, translate, and distribute such material, in whole or part, worldwide, and/or incorporate it in other works in any form, media, or technology, whether known now or hereafter developed, for the full term of the copyright that may exist in such material. You also permit other End Users to access, view, store or reproduce the material for that End User’s personal use. You grant ShopLately the right to edit, copy, publish and distribute any material made available on this Site by you.
8. DMCA Policy
If you believe that a copyrighted work has been inappropriately copied to or posted on the Site, you may provide ShopLately with the following information: (a) a signature of the person authorized to act on behalf of the copyright holder; (b) information identifying the allegedly infringing work and its location on the Site; (c) a statement by you explaining why you believe the work is infringing and not duly authorized by the copyright holder, its agent or the law; (d) your name, address, email address and telephone number; and (e) a statement by you under made penalty of perjury that you are the copyright holder or otherwise authorized to act on the copyright holder’s behalf. Please direct the above information to:
Attn: DMCA Compliance
P.O. Box 2375
Santa Clara, CA 95055
ShopLately reserves the right to terminate this agreement with any End User who infringes upon third-party copyrights.
End Users are prohibited from using any of ShopLately’s trademarks or any other trademarks appearing on the Site for any purpose, including but not limited to their use in metatags on other websites, without the express written permission of ShopLately or third-party trademark owner.
You acknowledge that all comments, feedback, postings, and other communications you submit to the Site are not private, but are public and non-confidential. You are aware that other End Users will have access to those communications. You grant ShopLately the right to use any such communication for promotions, advertising, market research, or any other lawful purpose, without territorial limitations, time limitations, or any other limitation. ShopLately does not control the content of those communications and does not endorse the content, messages or information they convey. ShopLately disclaims any liability arising from your participation in making or consuming such communications, including but not limited to the presence of objectionable material. ShopLately may, but is not obligated to, monitor communications made via the Site and may remove, censor, edit, or otherwise alter communications as ShopLately deems appropriate at its own discretion. ShopLately may, but is not obligated to, terminate the account and User ID of any individual as a result of communications made via the Site.
Any communication made to ShopLately, whether via the Site, through email, or in any other medium, in which you offer suggestions or comments for improving or modifying the Site, our services, or our business, will be deemed non-confidential and non-proprietary. ShopLately is entitled to use such information in any lawful way without any limitation whatsoever.
Personal information (e.g., physical address, email address, credit card information) you submit to ShopLately, via the Site or otherwise, may be shared with Merchants for the purpose facilitating the purchase products and/or services. Credit card information is maintained with appropriate privacy and security protections. You also agree to receive email communications from ShopLately periodically.
The Site is accessible from around the world. However, you understand and acknowledge that not all Merchants are able to sell or ship products and/or services to all countries, jurisdictions and localities. It is your responsibility to determine whether a Merchant can, in fact, sell and ship products and/or services to your desired locality.
A credit card issued by a United States bank is required to make purchases on the Site. ShopLately is working to include banks in other countries; this Agreement will be updated to reflect this expansion as it occurs. Please note not all Merchants featured on ShopLately are based in the United States.
11. Third-Party Content
On the Site, you may find links to other websites, resources, and content on the internet. Some of those links may be posted by ShopLately, others by the Site’s users. ShopLately has no control over the content of such websites or resources. You acknowledge that ShopLately is not responsible for the availability of those third-party external websites or resources, does not endorse any content contained therein, and is not responsible or liable for any content, products or services available through those links. You further acknowledge and agree that ShopLately is not responsible or liable, directly or indirectly, for any harm, damages, loss or injuries arising from any content, products or services available through those links, or your interactions with those websites. You agree that you use and access third-party content at your own risk.
Merchants are the sellers of all products. ShopLately is not the seller of products or services. Accordingly, Merchants are solely and fully responsible for any and all injuries, illnesses, damages, losses, claims, liabilities, and costs incurred by the End User that have arisen, in whole or in part, from the purchase of Merchant’s goods or services; ShopLately is not in any way responsible or liable for such harm.
13. ShopLately Credit
From time to time ShopLately may offer promotions, deals or programs that reward you with ShopLately credit. Unless the terms of the particular promotion, contest, deal or program explicitly state otherwise, all ShopLately credit is governed by the following terms:
- Purchase bonus credit may be rewarded when you share a product or sale event using the sharing buttons on Facebook, Twitter, Pinterest, Google+ or via e-mail. In order to receive the purchase bonus credit, a person you referred (a “Referral”) must click on your link and place a single order of fifteen (15) dollars or more from the link location and at the time that they navigate to such link location from your link. You will be rewarded with fifteen (15) dollars in ShopLately credit the first time a Referral makes any purchase of fifteen (15) dollars or more provided such purchase occurs within 60 days of signing up to ShopLately. You may only receive the purchase bonus credit described in this paragraph once for each Referral;
- When you sign up for ShopLately using a valid Facebook account you may be rewarded with five (5) dollars in ShopLately credit. If you do not sign up using Facebook, you will not be eligible to receive the five (5) dollar ShopLately credit. Additionally, you will not be eligible to receive the five (5) dollar ShopLately credit if you do not have 5 or more friends on Facebook;
- When you invite your Facebook friends ("Friends") to ShopLately using your valid Facebook account you may be rewarded with five (5) dollars in ShopLately credit for each Friend who signs up to ShopLately using their valid Facebook account as a result of such invitation. This promotion is limited to the first ten Friends that sign up to ShopLately as a result of your invitation. To qualify for the five (5) dollar ShopLately credit, you must have at least five (5) Facebook friends of your own at the time that you invite Friends to ShopLately through Facebook. Addditionally, you will only be rewarded with credit for Friends whom you invite to ShopLately who each have at least 5 Friends of their own at the time of the invitation. Each Friend who signs up for ShopLately using their valid Facebook account will also receive a five (5) dollar ShopLately credit;
- No ShopLately credit will be rewarded if ShopLately knows, has reason to believe or suspects that you have not abided by the terms of any promotion, deal or program in good faith;
- You will not receive credit for the portion of a purchase made with ShopLately credit;
- You can only have ShopLately credit of up to $1,000.00 United States Dollars (USD) at a time, i.e., if your ShopLately credit balance is $1,000.00, you cannot earn additional credit until some if it has been redeemed or expired;
- ShopLately credit is not earned until it is redeemed and, until redeemed, it can be cancelled at any time or for any reason in ShopLately’s sole discretion. In the event that ShopLately cancels your credit, you understand and acknowledge that you will not be entitled to any compensation for such cancellation.
- ShopLately credit will expire six (6) months after it is received, unless it is redeemed prior to the expiration date;
- If your ShopLately account and Login Credentials are terminated for any reason, whether by you or ShopLately, your ShopLately credit will be reduced to zero and you will not be entitled to any compensation, credit, cash back or any other type of remuneration.
ShopLately’s Affiliates Program allows website and blog operators to earn cash for sharing our deals with their users. To become an affiliate, click on the “Become and Affiliate” link at the bottom of the page, choose a username and give us a link to your website. You’ll be assigned a unique URL that you can post on your website or blog. Every time users click on that link and then purchase products from ShopLately.com during the same browsing session (i.e., without leaving ShopLately.com or closing their internet browser), you will earn ten (10) percent of the amount they spend, excluding taxes, shipping and handling charges. The affiliate program is subject to these Terms and Conditions, including the following terms:
- At the end of each calendar month (“Payment Period”), your affiliate earnings will be calculated. If you have made more than $50.00 USD since your last affiliate earnings payment, you will be mailed a check for the full amount of your earnings. Checks will be mailed within 30 days of the end of the Payment Period;
- You must provide us with your true name and mailing address to receive checks. To do this, click on “edit” next to your unique URL in the Affiliate Dashboard. If you fail to provide ShopLately with your true name and mailing address, you will not receive payments and your affiliate earnings will be forfeited;
- If your ShopLately account is terminated for any reason, by you or ShopLately, your final earnings will be calculated at the end of the Payment Period during which the termination occurred. A check for your final earnings will be mailed to you within 30 days of the end of that Payment Period;
- You are solely and fully responsible for any and all tax liability arising from your Affiliate Earnings. ShopLately will not and cannot give you tax advice;
- Use of the affiliates program requires that you create a ShopLately account as prescribed in Section 5 of this Agreement;
- Affiliate earnings are not considered earned until a check is issued for them. Therefore, you agree that ShopLately does not hold any funds for your benefit or on your behalf in trust or in any other form;
- ShopLately may terminate an affiliate relationship and/or account at any time with or without notice and/or cause.
15. Fashion Blogger Program
You may apply to join ShopLately’s Fashion Blogger Program by emailing email@example.com. ShopLately, at its sole discretion, may accept or reject your application to join the Fashion Blogger Program for any or no reason. Approved Fashion Blogger’s may periodically receive promotional items or credit from ShopLately. Furthermore, ShopLatley may disqualify you from the Fashion Blogger Program at any time for any or no reason. Joining ShopLately’s Fashion Blogger Program does not make you an independent contractor, employee, or agent of ShopLately, nor does it constitute a joint venture between you and ShopLately. The amount of promotional items and credit sent to you by ShopLately is in no way based upon the amount of traffic or sales you drive to ShopLately.com or any other site. You may not participate in this program if you reside in Illinois, Connecticut, Rhode Island, North Carolina, or Arkansas, or if you reside outside of the United States. Any credit sent to you from ShopLately is subject to the terms and conditions set forth in section 13 above.
16. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SHOPLATELY SITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPLATELY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SHOPLATELY SITE AND ITS SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPLATELY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SHOPLATELY SITE OR ITS SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SHOPLATELY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPLATELY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SHOPLATELY SITE OR SERVICE. In jurisdictions that do not allow or restrict the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
17. Limitation of Liability
IN NO EVENT SHALL SHOPLATELY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SHOPLATELY SITE OR ITS SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SHOPLATELY SITE OR ITS SERVICES, FROM INABILITY TO USE THE SHOPLATELY SITE OR ITS SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SHOPLATELY SITE OR ITS SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SHOPLATELY SITE OR ITS SERVICES OR ANY LINKS ON THE SHOPLATELY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SHOPLATELY SITE OR THESE SERVICES OR ANY LINKS ON THE SHOPLATELY SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Any claim arising out of or relating to this agreement, the use of the Site and/or its services, must be made within one (1) year of the first instance of the alleged injury, harm, loss or damage. Otherwise, the claim shall be deemed waived by Merchant. In jurisdictions where limitations of liability are not permitted or restricted, some of the foregoing limitations of liability may not apply to you.
You agree to defend, indemnify and hold harmless ShopLately, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to attorneys’ fees, arising out of or related to any products or services purchased via the Site. You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted by law, you release ShopLately from any and all claims or liability related to 1) the conduct and/or speech of any other user and 2) any product or service offered or sold by a Merchant and any act, omission to act, or conduct of a Merchant, including but not limited to Merchant’s failure to comply with the law or failure to duly provide or deliver goods or services.
In relation to the foregoing release, you agree to waive California Civil Code Section 1542 (and any other similar provision or law in any other jurisdiction), which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Notwithstanding any other provisions of this Agreement or any general legal principles to the contrary, any provisions imposing or contemplating continuing obligations survive the termination or expiration of this Agreement.
This Agreement constitutes the entire agreement between you and ShopLately relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. No waiver by either party of a breach or default under this Agreement constitutes a waiver of any previous or future breach or default. The failure by either party to exercise any of its rights under this agreement does not constitute a waiver or forfeiture of its rights or any other rights under this Agreement. The headings of the sections contained in this agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this agreement. In the event that any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. This Agreement shall be governed by the laws of the State of California, without giving effect to any principles that may provide for the application of the laws of another jurisdiction.
By using this site, you agree that any disputes, controversies, or claims in connection with or arising out of this Agreement, use of the Site and its services, or purchase of goods or services via the Site, shall be referred to and finally determined by arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator under the rules and procedures of the AAA, from which arbitration there shall be no appeal. (1) Any award rendered by the arbitrator shall be final and binding on all parties, and judgment upon the award rendered by the arbitrator, if any, may be entered in any court of competent jurisdiction. (2) Such arbitration shall be held in a location as determined by the AAA pursuant to their rules and procedures, so long as it is reasonably convenient to the End User, or at a place mutually agreed upon by the parties. (3) The arbitrator shall apply California law consistent with the Federal Arbitration Act, including applicable statues of limitations, and shall honor privileges recognized at law. (4) There shall be no authority or basis to arbitrate any claims on a class or representative basis; the arbitrator may not consolidate or join any parties or claims of other parties that may be similarly situated. (5) In the event that the End User demonstrates the costs of litigation would be less than the costs of arbitration, ShopLately may pay the difference on behalf of the End User such that arbitration is not cost-prohibitive. In the event that any part of this Arbitration clause is found to be invalid, unenforceable, illegal, or otherwise conflicts with AAA’s rules and procedures, the balance of the provisions will remain in effect and the clause construed as if the offending part was never contained herein. However, if section (4) is found to be invalid, unenforceable, illegal, or otherwise in conflict with AAA’s rules and procedures, then the entirety of this Arbitration clause is null and void and neither party shall have the right or ability to arbitrate their claims.
Last modified December 11, 2012.