Shop Across America

Thank you for visiting www.shopacrossamerica.net (“Site”) owned and operated by i10 Interactive, LLC (“i10 Interactive, LLC”, “Shop Across America”, “we”, “us”, or “our”). Shop Across America provides marketing services (“Services”) to merchants and shopping destinations (“Participating Merchants”, “you”) located throughout the United States. These Terms of Service and Privacy Policy govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and i10 Interactive, LLC.

YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, OR BY USING THE SITE AND SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE.

• Modification of the Site or Terms of Service. I10 Interactive, LLC reserves the right to modify, discontinue or terminate this site and associated services, or to modify these Terms of Service or any related terms and conditions governing your use of the this site and services at any time without notice. All modified terms and conditions will be effective after they are initially posted on the Site. By continuing to access or use this Site and Services following any posted revisions, you agree to be bound by the revised Terms of Service.
• Account Registration and Access.
  • In order to participate in our Shop Across America Merchant Program, you must first register with us. Participating Merchants have the opportunity to make certain information and content available to users of the Site in the Merchant Profile Page they create, including, but not limited to, business location information, photographs, product information and text updates.
  • Participation is available to persons who are at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. If you become a Participating Merchant, you will set up an account (“Account”), with a corresponding user name and password. Your user name and password will permit you to access certain secure areas of the Site available only to Participating Merchants.
  • You are responsible for safeguarding and maintaining the confidentiality of your user name, password and corresponding Account information. You agree not to disclose your password to any third party. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to immediately notify i10 Interactive, LLC of any unauthorized use of your Account or any other breach of security known to you. In the event that your user name and/or password is lost or stolen, please notify i10 Interactive, LLC immediately so that a new user name or password can be created.
  • If you register with Shop Across America as a Participating Merchant, you will provide true, accurate and complete registration information. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
  • If you become a Participating Merchant and create an Account, you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms of Service or your use of the Site and Services.
• Your Obligations in Using the Site and Services. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitations, you agree to comply with the following:
  • You will not use the Site or Services for any purpose that is unlawful, fraudulent or contrary to this Terms of Service and the policies of i10 Interactive, LLC.
  • You will not use the Site or Service to transmit “spam”, “chain letters”, “junk mail” or unsolicited commercial email messages.
  • You will not use the Site or Service to promote any products or services related to lottery numbers, multi-level marketing, get rich quick schemes or real estate purchases. You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance, unless the promotion is running in your store and abides by all legal requirements for such a promotion.
  • If you do promote any special offers or promotions on the Site, you will include all of the terms and conditions (including the promotional end-date) which accompany the promotional offer.
  • You may not intentionally distribute worms, defects, Trojan horses, viruses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature using the Site or Services.
  • You may not use the Site or Services to post, e-mail, upload, otherwise transmit, or post links to: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is abusive, harassing, tortious, harmful, threatening, defamatory, vulgar, obscene, pornographic, invasive of privacy or publicity rights, hateful, libelous, or racially, sexually, ethnically or otherwise objectionable.
  • You may not impersonate another person or otherwise misrepresent yourself or the source of any email.
  • You will not attempt to gain unauthorized access to any Account information, computer systems or networks associated with the Site and Services.
  • You will not attempt to obtain any information or materials relating to the Site and Services through any means not intentionally made available through the Site.
  • You will not “mirror”, “frame,” or otherwise copy any portion of the Site without i10 Interactive, LLC’s written authorization.
  • You are solely responsible for all equipment necessary to access and use the Site and Services.
  • You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Terms of Service.
• Ownership and Intellectual Property Rights
  • You acknowledge and agree that i10 Interactive, LLC owns or licenses all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Site and Services, including but not limited to all content, information, materials, services, products, URLs, other software, technology, editorial or user guidelines, and documentation, developed in whole or in part by, with or for i10 Interactive, LLC. You shall not acquire any right, title or interest therein to any content provided by i10 Interactive, LLC, except for the limited use rights expressly set forth in these Terms of Service. Any rights not expressly granted herein are withheld.
  • Notwithstanding the foregoing, and in connection with your use of the Site and Services, you hereby grant to i10 Interactive, LLC an irrevocable, worldwide, perpetual, royalty-free, non-exclusive, sublicensable right and license to use, copy, adapt, publish, transmit, distribute, perform, display, reference, index and cache, in any form, medium or technology now known or later developed on the Site or the sites of i10 Interactive, LLC affiliates, distribution partners or third-party service providers, your Content and any materials you submit to i10 Interactive, LLC, in whole or in part, whether created by or for you, to provide the Site and Services to you and to perform our obligations under these Terms of Service. Excluding your Content, you shall and hereby do assign to i10 Interactive, LLC all right, title and interest in and to any part of the Site and Services that you may have or acquire. In addition, you warrant that all so-called moral rights in your Content have been waived.
• Use of Third Party Services. The Site and Services may contain links, advertisements, products, information, and services, provided by third parties (“Third-Party Content”). I10 Interactive, LLC does not control the Third-Party Content and does not make any representations or warranties, express or implied, regarding the Third-Party Content. Inclusion of any of the Third-Party Content in the Site or Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with i10 Interactive, LLC with respect to any third party or its Third-Party Content and you access and use such Third Party Content at your own risk.
• Representations and Warranties. You represent and warrant that: (a) you have full power and authority to enter into these Terms of Service; (b) the execution of these Terms of Service, and the performance of your obligations hereunder, will not constitute a breach or default of or otherwise violate any agreement to which you are a party; (c) you have and will maintain throughout your use of the Site and Services all rights, authorizations, consents and licenses that are required with respect to, and in order to submit, your content to the Site and permit i10 Interactive, LLC to post, perform and display such content, perform its services and provide access to and use of the Site and Services as contemplated under these Terms of Service, which rights, authorizations, consents and licenses have been obtained and will be maintained in compliance with all applicable laws, rules and regulations and without violating any rights or interests of any third party; (d) your content does not violate any law or regulations and you will use the Site and Services and any information provided to you by i10 Interactive, LLC in a manner that complies with applicable laws; (e) you have full editorial control of your content; (f) your content does not and will not, directly or indirectly, infringe any copyright, trademark, United States patent, trade secret right, moral right, rights of publicity or privacy, or any other intellectual property or proprietary right of any third party; (g) you have obtained any and all necessary and appropriate publicity releases from any third party appearing in your content; (h) your content does not and will not in any way violate any laws relating to consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (i) your content will not contain any “Trojan Horse”, “worm”, “back door”, “trap door”, “time bomb”, “drop dead device”, “cancelbots" or other programs or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of the Site and Services or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Site or content processed or stored therein.
• Disclaimers.
  • YOU EXPRESSLY AGREE THAT YOUR USE OF OR INTERACTION WITH THE SITE, SERVICES, SITE CONTENT, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK AND AT YOUR OWN DISCRETION. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, SERVICES, SITE CONTENT, INFORMATION AND OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE AND YOUR USE THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
  • I10 INTERACTIVE, LLC AND THE I10 INTERACTIVE, LLC ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE RELATED TO THE SITE, SERVICES, SITE CONTENT OR THESE TERMS OF SERVICE. I10 INTERACTIVE, LLC MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES OR SITE CONTENT WILL OPERATE OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (B) THE SITE, SERVICES, OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; OR (C) THE QUALITY OF THE SITE, SERVICES, SITE CONTENT, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE AND SERVICES WILL MEET YOUR EXPECTATIONS.
  • I10 INTERACTIVE, LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE, SERVICES, SITE CONTENT, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE AND SERVICES. Some jurisdictions do not allow the exclusion of warranties, so some of the above exclusions may not apply to you.
  • I10 Interactive, LLC reserves the right to change any and all content, software and other items used or contained in the Site, Services and applications offered through the Site at any time without notice. Reference to any products, services, 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 i10 Interactive, LLC.
• Limitation of Liability.
  • UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL I10 INTERACTIVE, LLC, ITS OFFICERS, CONTRACTORS, LICENSORS, AGENCIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS AND SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR YOUR ACCESS TO OR USE OF THE SITE, SERVICES, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, INCLUDING AS APPLICABLE ANY DAMAGES RESULTING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR SERVICES IN ANY MANNER WHATSOEVER, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT I10 INTERACTIVE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages.
  • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I10 INTERACTIVE, LLC’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF SERVICE AND YOUR ACCESS TO AND USE OF THE SITE AND SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). I10 INTERACTIVE, LLC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OF OR ERRORS RELATED TO THE SITE OR SERVICES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages.
• Indemnity
  • You agree to indemnify, defend and hold i10 Interactive, LLC and its officers, directors, employees, contractors, agencies, successors, agents, affiliates, distribution partners or third-party service providers (collectively, the “i10 Interactive LLC Entities”) harmless from and against any claims, liabilities, losses, damages or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your content or any materials in any form whatsoever that are provided by you or through use of your Account; (b) your conduct, including your access to or use of the Site or Services; (c) any actual or alleged violation or breach of these Terms of Service or any i10 Interactive, LLC policies; (d) any breach of any representation or warranty you made hereunder, including but not limited to any to claims relating to a violation of a third party’s intellectual property rights or i10 Interactive, LLC’s determination that your content was obscene, defamatory, libelous, slanderous or threatening; (e) your violation of rights of privacy, publicity, confidentiality or property; or (f) any actual or alleged violated of any applicable law or regulation. You agree that you are solely responsible for defending any such claim as set forth above, and for payment of losses or damages suffered by, or awarded to, and costs and expenses incurred by, third parties and the i10 Interactive, LLC Entities resulting from the foregoing. You agree that you will not enter into any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) brought against you or i10 Interactive, LLC, if such settlement or resolution results in any obligation or liability for i10 Interactive, LLC.
  • You agree that i10 Interactive, LLC shall have the right, in its sole discretion, to select its own legal counsel to defend i10 Interactive, LLC from any such claim (but by doing so shall not excuse your indemnity obligations) and that you shall be solely responsible for the payment of all i10 Interactive, LLC’s reasonable attorneys’ fees incurred in connection therewith.
  • You agree to notify i10 Interactive, LLC immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges pertaining to your content or that could affect either party’s ability to fully perform its duties or to exercise its rights under these Terms of Service.
• Termination; Cancellation.
  • You may terminate your participation in our Merchant program at any time and for any reason by sending an email to shopcustomerservice@i10interactive.com. Upon termination all Participating Merchant content will be removed from the Site and the related Account will no longer be accessible. Any Account cancellation request will be handled within seventy-two (72) hours of receipt of such a request.
  • We may immediately terminate or suspend your Account and access to the Site and Services, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services or to make your content available through the Site (as applicable). Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease.
  • Any suspension, termination or cancellation shall not affect your obligations to i10 Interactive, LLC under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.