Terms and Conditions
This web page represents a legal document and is the Terms of Service (Agreement) for our website, www.Ikonomo.com (Website), as owned and operated by Ikonomo, Inc. (Ikonomo). It was last updated on November 22, 2013. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use this Website. Please review the following terms carefully. You will see terms in this Agreement that are capitalized. Unless otherwise specified, these terms have meanings as described in the Definitions section at the end of this Agreement.
Ikonomo offers an online Service that provides shopping optimization services for our Members. This Agreement governs your use of ikonomo.com, which collectively includes use of our Website, Service, and corresponding Content. When we refer to ikonomo.com in this Agreement, we mean the use of any or all of our Website, Service, and Content.
Acceptance of Agreement
This Agreement is between you and Ikonomo and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
This Agreement constitutes the entire and only Agreement between you and Ikonomo, and supersedes all other Agreements, representations, warranties and understandings with respect to ikonomo.com, and the subject matter contained herein. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement.
Ikonomo grants you a non-exclusive, non-transferable, revocable license to access and use ikonomo.com strictly in accordance with this Agreement. Your use of our Website and Service are solely for personal, non-commercial purposes as provided in this Agreement. No print out or electronic version of any part of ikonomo.com may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of ikonomo.com provided therein.
Eligibility and Registration for Membership
To fully use ikonomo.com, you must register to become a Member. Your membership is not transferable or assignable and is void where prohibited. You may only register for one account with ikonomo.com. ikonomo.com is intended solely for people at least age 18 years of age or older, depending on your state's age of majority for entering into binding contracts.
When you complete the registration process, you will use your email address as your user name and create a password that will allow you to access ikonomo.com. You agree to keep your password strictly confidential to prevent unauthorized use of your account. You understand that you are solely responsible for all actions taken under your account.
You hereby acknowledge that nothing contained in ikonomo.com shall constitute a warranty or guarantee with regards to the pricing information we provide. You hereby acknowledge that we use best efforts to provide you with accurate information, but many factors, including, but not limited to, availability or discontinuation of store sales on which pricing may be based, and misreporting by stores of their prices for certain items, make any such guarantee or warranty impossible. You hereby acknowledge that no professional relationship of any kind is created between you and Ikonomo or our Members. ikonomo.com is for informational purposes ONLY. You hereby agree that any actions you take, including, but not limited to, traveling to a specific store or buying a specific item, based in whole or in part on anything contained in ikonomo.com, are solely your responsibility and that Ikonomo and our Members have no liability for your actions or reliance upon ikonomo.com.
Members are responsible for complying with all applicable laws for their content, including copyright and trademark laws. Members shall always respect copyright and trademark laws. You warrant that you will not use ikonomo.com to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other's intellectual property rights.
You agree that you shall not do any of the following:
1) Upload, post or otherwise transmit any Member Content that:
- violates any local, state, federal, or international laws.
- infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable.
- links directly or indirectly to any materials to which you do not have a right to link.
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from ikonomo.com.
- contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
- in the sole judgment of Ikonomo, is objectionable or which restricts or inhibits any other person from using or enjoying ikonomo.com, or which may expose Ikonomo, our affiliates, or our Users to any harm or liability of any type.
2) Use ikonomo.com to:
- develop a competing website or help anyone else to do the same.
- create compilations or derivative works as defined under United States copyright laws.
- use bots, spiders, crawlers or other scraping techniques to steal ikonomo content.
- re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- decompile, disassemble or reverse engineer ikonomo.com.
- use ikonomo.com in any manner that violates this Agreement or any local, state, federal, or international laws.
3) Use your Member account to:
- allow another person access to your account.
- violate any local, state, federal, or international laws.
Ikonomo is free. We may choose to add premium features in the future for a fee, but you will not be charged for the basic ikonomo service.
Ikonomo is free, so there is no refund policy.
Termination of Your Account
If you violate the terms of this Agreement, we reserve the right to terminate your account. You may also voluntarily terminate your account by sending an email to firstname.lastname@example.org or logging into your account and clicking on the Cancel button from the Accounts & Settings tab. Please note that it may take up to 48 hours to cancel your account. You understand that if your account is terminated, you will lose access to all of your Member Content and that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on ikonomo.com.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of ikonomo.com does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Ikonomo.
ikonomo.com is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any part of ikonomo.com is strictly prohibited. Your use of ikonomo.com does not grant you any ownership rights to ikonomo.com.
Digital Millennium Copyright Act Compliance
Ikonomo will respond quickly to claims of copyright infringement as found on ikonomo.com, according to the terms of the United States? Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by ikonomo.com, please provide us with a written notice via mail, or email that contains the following information:
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 Website;
Your address, telephone number, and email address;
A 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; and
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.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Advertisers and Sponsors Disclaimer
ikonomo.com may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY Ikonomo AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Errors, Corrections and Changes
We do our best to provide accurate, timely information about grocery sales, prices and coupons. If you find an error in a grocery store sale price or base pricing, please contact us so we can correct it. Due to the nature of the sales and fluctuations in base pricing, we aim to provide you with the most up to date and accurate data, however we do not represent or otherwise warrant that the information available on or through our Website will be 100% correct, accurate, timely or otherwise reliable. We may make changes to ikonomo.com at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on ikonomo.com.
Ikonomo is not responsible or liable in any manner for any Content posted on ikonomo.com, whether posted or caused by Members or by Ikonomo. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Service, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on ikonomo.com. Ikonomo is not responsible for the conduct, whether online or offline, of any user of ikonomo.com.
ikonomo.com may be temporarily unavailable from time to time for maintenance or other reasons. Ikonomo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. Ikonomo is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with ikonomo.com, including without limitation any software provided through ikonomo.com. Under no circumstances will Ikonomo be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone's use of ikonomo.com, or for any interactions between Users of ikonomo.com, whether online or offline.
Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ikonomo.com, by third parties or by any of the equipment or programming associated with or utilized by ikonomo.com.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH IKONOMO.COM ARE PROVIDED AS-IS, AS AVAILABLE, WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). IKONOMO.COM MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Ikonomo, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF IKONOMO.COM. Ikonomo CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF IKONOMO.COM.
Ikonomo, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Ikonomo. IKONOMO.COM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR IKONOMO.COM SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Ikonomo, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from ikonomo.com; (b) the unavailability or interruption of our ikonomo.com; (c) your use of ikonomo.com; or (d) any delay or failure in performance of ikonomo.com.
IN NO EVENT WILL Ikonomo OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF IKONOMO.COM, EVEN IF Ikonomo IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.
Use of Information and Member Content
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to ikonomo.com, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of ikonomo.com, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to ikonomo.com immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on ikonomo.com does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites. Ikonomo has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
You agree to indemnify, defend and hold Ikonomo and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney?s fees, related to your violation of this Agreement or your use of ikonomo.com.
Any legal controversy or legal claim arising out of or relating to this Agreement our ikonomo.com, excluding legal action taken by us to collect or recover damages for or obtain any injunction relating to, your violation of this Agreement, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Denver, Colorado, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Colorado, United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Denver, Colorado, United States, and shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Ikonomo's relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Ikonomo. Any cause of action by you with respect to our Website, Service, or Products, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any other Content on ikonomo.com is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
The terms us or we or our refers to Ikonomo, the owner of this Website.
A Member is someone who has registered with our Website to use our Service. A Member can create a Profile, which is an online representation of the Member, which may contain Personally Identifiable Information regarding that Member.
Service refers to the service we provide through our Website to our Members.
A Visitor is someone who browses our Website, but hasn?t become a Member.
A User is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, whether originating from us or from our Users, are collectively known as our Content. We may also refer to any Content uploaded by our Members to their respective Profiles as Member Content.