Terms of Use

Effective Date: April 1, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.

This website, https://shopper.fund and https://shopperfund.com, is owned and operated by Shopperfund, LLC ("Shopperfund", "we", or "us") in connection with the Shopperfund® shopping rewards program (the "Program").

Questions concerning the Program, this website or its operation should be directed to the contact points set forth at the end of these terms of use. Use of the website is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Your use of the website and services constitutes your agreement to all Terms of Use. If you do not agree to these terms, do not use the website. You agree to familiarize yourself with the Terms of Use and to abide by them if and when you use the website. Please be aware that participation in the Program and the opportunity to earn shopping rewards are offered at the sole discretion of Shopperfund. Shopperfund is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

THE PROGRAM

The Shopperfund Program allows members to reduce debts and/or pay current bills by shopping online at many popular retailers ("Merchants"). The Program awards shopping rewards ("PayOff Credits") that a member can direct the value of their PayOff Credits to the creditor or biller they designate ("PayOff Account", "Recipient"). Should there be insufficient PayOff Credits for a payment, payment will not be processed. If a PayOff Account is not designated, PayOff Credits will be held in the member's Shopperfund account until a PayOff Account is designated and/or payment occurs. PayOff Credits do not earn interest and expire one-year from the date they are posted to the account.

PROGRAM LIMITATIONS, QUALIFICATIONS & DISCLAIMERS

Participation in the Program is subject to these Terms of Use and is limited to individuals who are 18 years of age or older. Any failure to comply with these Terms of Use, any fraud or abuse relating to the accrual or application of PayOff Credits, or any misrepresentation of information furnished to Shopperfund or its affiliates by you or anyone acting on your behalf may result in the termination of your participation in the Program and forfeiture of your accrued PayOff Credits.

The determination of whether a purchase qualifies to earn PayOff Credits is at the sole discretion of Shopperfund. Shopperfund reserves the right to cancel awarding any PayOff Credits should a Merchant misreport a purchase to Shopperfund. If Shopperfund has reason to suspect fraudulent activity is associated with your account, Shopperfund reserves the right to delay or withhold payment of PayOff Credits. You give Shopperfund permission to review your account with merchants in cases where Shopperfund suspects fraudulent activity. You must provide accurate account and mailing address information for your Recipient. Shopperfund is not responsible for lost or stolen payments. Shopperfund is not responsible for payments delivered to the wrong address through no fault of Shopperfund, for payment errors made by payment partners, or for crediting errors made by Recipients. You acknowledge and agree that, by providing your name and the account and mailing address information for a Recipient, Shopperfund may provide that information to such Recipient to aid the Recipient in applying your PayOff Credits to the appropriate account.

It is your responsibility to check your account regularly to ensure that PayOff Credits have been properly credited and applied and that your account balance is accurate. If you do not believe that a Payoff Credit has been credited correctly to your account, you must contact Shopperfund within thirty (30) days of the transaction. You may be taxed on your receipt of PayOff Credits earned by other individuals on your behalf, depending on the tax laws of federal, state, and local jurisdictions. Shopperfund may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for member referrals. Shopperfund is not responsible for changes to, or discontinuance of, any Merchant, or for any Merchant withdrawal from the Program, or for the effect on accrual of PayOff Credits caused by such changes, discontinuance, or withdrawal. Shopperfund is not responsible for changes to, or discontinuances of, any special offer on a Merchant website.

Shopperfund does not provide credit repair service or advice and is not a credit repair organization as defined under the Credit Repair Organizations Act or any other federal or state law. The Program is being provided to you "as is" without any warranty. Shopperfund reserves the right to terminate the Program at any time with or without notice. To the maximum extent permitted by law, Shopperfund disclaims all representations and warranties, express or implied, with respect to the Program. You have no right to receive cash or other consideration directly for any PayOff Credit.

Shopperfund may withdraw PayOff Credits from your account in order to make adjustments for returns to and cancellations with merchants. In the event that a PayOff Credit(s) has been sent to your Recipient and you subsequently reverse the transaction with the Merchant that generated such PayOff Credit(s), or otherwise are required to return the PayOff Credit(s) to the Merchant pursuant to the terms and conditions of the applicable offer, whether or not you are still a Shopperfund participant, you will remain solely responsible for the return of the PayOff Credits credited from such purchase, and we may apply future PayOff Credits and/or any remaining PayOff Credits against such obligation. In the event you fail to return the PayOff Credits, we reserve the right to take any and all legal action necessary to collect the cash equivalence value of the PayOff Credits from you, including, but not limited to, pursuing such claim in a court of law, employing a collection agency or reporting such claim to a consumer reporting agency. We reserve the right to rescind PayOff Credits and to bar further PayOff Credits to, and/or terminate your membership, if we believe in our discretion that you are abusing or have abused the Program, including, without limitation, by engaging in fraudulent activities, by engaging in a pattern of returning products after the corresponding PayOff Credit has been credited, by creating or attempting to create or participating in any market in PayOff Credits, or by attempting to receive PayOff Credits to which you are not entitled. We will notify you if you have engaged in any such activities, and in such event you agree to forfeit any and all PayOff Credits.

Each state has its own escheatment law which requires companies to turn over to the state property of its residents that the state deems to be unclaimed or abandoned. If your Shopperfund account has not had any activity, as defined by your state of residence according to our records, for a certain period of time (generally three to five years), Shopperfund may be required by law to remitted the unclaimed PayOff Credits to the state of your last known address. Similarly, if a check issued to a Recipient has not been cashed after a certain period of time (also generally three to five years), Shopperfund may be required by law to remit the amount of the uncashed check to the state of your last known address. If we remit funds to your state of residence as required by law, you will need to contact the state directly to obtain the funds.

Participating in Shopperfund does not change any obligation that you may have to the Recipient, including the obligation to make minimum payments on time. You should not rely on Shopperfund PayOff Credits to fulfill those obligations. Shopperfund is not responsible for any interest, fees, or other penalties that you may incur for a late payment or for failing to make a minimum payment.

THIRD PARTY WEBSITES

This website may provide you with links to other websites on the Internet ("Linked Sites"). The Linked Sites are not under Shopperfund's control, and Shopperfund is not responsible for the content of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Shopperfund or any association with the operators of the Linked Sites.

PROPRIETARY RIGHTS

You acknowledge and agree that the materials contained in this website are protected by copyright, trademark and other proprietary rights and laws. You may temporarily download or save to your disk or hard drive one copy of materials found on this website for your personal use only, provided such copies you make of this material must include any copyright, trademark or other proprietary notice located on the website which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this website for the purpose of creating a collection, compilation, database, or directory without Shopperfund's written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these Terms of Use. You may not mirror or archive any part of this website or any material contained on this website on any server or computer without Shopperfund's written permission.

PRODUCTS, SERVICES, AND SOFTWARE

Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Shopperfund or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A listing or description of a Merchant, product, or service on this website (including any listing, description, or reference via hyperlink) does not imply endorsement by Shopperfund of that Merchant, product, or service. Products and services offered through this website shall be warranted, if at all, solely through the written warranty, if any, provided by the applicable Merchant in connection with such product or service.

NO UNLAWFUL OR PROHIBITED USE

You agree not to use the website for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use this site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries.)
  • For the purpose of exploiting, harming, or attempting to exploit minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth below set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the site, or which, as determined by us, may harm the Company or users of the site or expose them to liability.
  • Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site, including their ability to engage in real time activities through the site.
  • Use any robot, spider or other automatic device, process or means to access the site for any purpose, including monitoring or copying any of the material on the site.
  • Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the site, the server on which the site is stored, or any server, computer or database connected to the site.
  • Attack the site via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the site.
  • To obtain any materials or information through the website not intentionally made available to you through the website.

SUBMISSIONS

You hereby grant to Shopperfund the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, feedback, ideas, graphics, or other information communicated to Shopperfund through this website (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Shopperfund will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Shopperfund operations.

SECURITY

Any user names and/or passwords used for this website are for individual use only. You will be responsible for the security of your user name and/or password (if any). Shopperfund will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Shopperfund considers insecure, Shopperfund will be entitled to require the password to be changed and/or terminate your account.

You agree to provide true, accurate, current and complete information on this website for use in any program or service in which you participate through this website. If you provide to Shopperfund any information that is false, inaccurate, out of date, or incomplete, or Shopperfund has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, Shopperfund may suspend or terminate your access to this website and the services thereof, and may refuse any and all current or future use of the services.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Shopperfund reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Shopperfund reserves the right to investigate suspected violations of these Terms of Use.

NO REPRESENTATIONS OR WARRANTIES

Shopperfund makes no representations or warranties that this website is free of defects, viruses or other harmful components. Shopperfund shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Shopperfund's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD SHOPPERFUND HARMLESS FROM, AND YOU COVENANT NOT TO SUE SHOPPERFUND FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." SHOPPERFUND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SHOPPERFUND MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SHOPPERFUND OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHOPPERFUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES; SHOPPERFUND'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.

INDEMNITY

You agree to defend, indemnify, and hold harmless Shopperfund and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use of this website, your breach of these Terms of Use, or your infringement of the intellectual property rights of third parties.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

TERMINATION

Shopperfund reserves the right to terminate your access to the website or to any or all of its services at any time without notice for any reason whatsoever.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, and logos appearing in this website are the property of Shopperfund or the party that provided the trademarks, service marks, and logos to Shopperfund. Shopperfund and any party that provided trademarks, service marks, and logos to Shopperfund retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this website.

All content on this website whether provided by Shopperfund or through links to Linked Sites is the copyrighted work of Shopperfund and/or the owner(s) of the Linked Sites. Except as stated herein, none of the contents of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Shopperfund or the owner(s) of the Linked Sites.

PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

In accordance with the Digital Millennium Copyright Act, Shopperfund has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.
E-mail may be sent to: help@shopperfund.com
Mail may be sent to:
Name: Shopperfund, LLC
Attn: General Counsel
Address: 10641 Techwoods Circle, Cincinnati, Ohio 45242
Please notify us in writing and include all of the following:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shopperfund to locate the material.
  • Information reasonably sufficient to permit Shopperfund to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Shopperfund or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise notes, Shopperfund is the owner of all trademarks and service marks on this website, whether registered or not.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this website. Despite any representations concerning privacy, Shopperfund reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

SECURITIES AND INVESTMENT

This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

This website may contain information and press releases about and by Shopperfund. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this website that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to general economic and currency conditions, various conditions specific to Shopperfund's business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Shopperfund's accounting policies, future trends, and other risks which are detailed in Shopperfund's Securities and Exchange Commission filings.

RELIANCE ON INFORMATION POSTED

The information presented on or through the site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents.

SHOPPER.FUND AND SHOPPERFUND.COM WEBSITE SECURED ACCESS AREAS

https://shopper.fund and https://shopperfund.com contain secured components that are accessible only to those who have registered and have been granted a user name and password by Shopperfund. Information contained within the secure components of https://shopper.fund and https://shopperfund.com is confidential and proprietary.

GENERAL

These Terms of Use shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in these Terms of Use 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 hereof, and these Terms of Use shall be construed to give maximum legal effect to the intent expressed herein.

The owner of the site is based in the State of Ohio in the United States. We provide the site for use only by persons located in the United States. We make no claims that the site or any of its content is accessible or appropriate outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access the site from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

These Terms of Use are governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Ohio or, if appropriate, the United States District Court for the Southern District of Ohio for the resolution of all disputes arising out of or relating to the use of this website and the associated services. Shopperfund may assign these Terms of Use, in whole or in part, at any time.

These Terms of Use, coupled with the Shopperfund Privacy Policy, constitute the entire agreement between Shopperfund and the user with respect to this website, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between Shopperfund and the user with respect to the website. As such, these Terms of Use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Shopperfund's performance of these Terms of Use is subject to existing laws and legal process. Nothing contained in these Terms of Use is in derogation of Shopperfund's right to comply with governmental, court and law enforcement requests relating to your use of the website, or information collected by Shopperfund in connection with such use.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Shopperfund reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Shopperfund may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

All rights not expressly granted herein are reserved exclusively and entirely to Shopperfund.

CONTACT INFORMATION:

Questions about these Terms of Use should be directed to:
Contact Name: Shopperfund, LLC
Attn: Terms of Use Inquiry
Address: 10641 Techwoods Circle, Cincinnati, Ohio 45242
Email: help@shopperfund.com

Questions about our products should not be directed to this address and will not be replied to.
Please use this contact information only for legal and privacy policy matters. For all other inquiries, refer to the Contact Us section of our home page.