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  1. General Statement: Aggregate Shopping Corp. ("Aggregate") is a Delaware corporation which owns and operates Gotchya which is a website venue. Gotchya.co is a domain name owned by Aggregate. All rights, limitations, releases, disclaimers and indemnifications as set forth herein with respect to Gotchya shall be applicable to Aggregate. As the sense and circumstances require, the descriptions applicable to Gotchya are applicable to Aggregate. The terms "Gotchya" and "website" are used synonymously in these Terms of Use. The following sets forth the terms and conditions under which you may use the website. By your use of the website you agree to the terms and conditions presently in existence and those terms and conditions which may in the future come into existence. You represent that you are 18 years of age of older. In the event that you do not agree or accept any existing or future terms and conditions you should not use the website. We may modify any of the terms and conditions in these Terms of Use, at any time and in our sole discretion, by posting a change notice or a new Terms of Use, in full or in part, on our website. If any modification is unacceptable to you, your only recourse is to terminate your use of our website. Your continued use of our website following our posting of a change of notice or new Terms of Use constitutes binding acceptance of the changes. These Terms of Use (including the Privacy Policy and any Additional Terms, all of which are incorporated by reference) constitute the entire agreement, and supersede all previous written or oral agreements, between you and Gotchya in connection with the website and services rendered. Aggregate has the right to transfer in full or in part at any time its ownership interest and rights in Gotchya and the website. The terms and conditions set forth herein are submitted on behalf of, and shall be applicable to and for the benefit of Aggregate and any shareholders, officers, directors, employees or agents of said entities. The headings provided are for convenience only and are not intending to limit any content of the statements set forth. If there are any inconsistencies between these Terms of Use and information appearing on the Website, these Terms of Use shall govern.
  2. Nature of Website: This website acts as an online comparison shopping service for you to find and transact with merchants or providers of services that advertise and/or sell products or services on their websites. Gotchya currently does not sell any products or provide any of the services displayed on the website. You understand that all products or services you purchase from a merchant through Gotchya will be: (a) priced by the applicable Merchant (including but not limited to whether such prices include applicable local, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable Merchant. Additional terms may apply to your purchases from Merchant, so you should read the applicable terms of sale before you make any such purchase. Further, all payments for products purchased from Merchants via Gotchya.co are processed by the applicable Merchant or its designee(s). Tax and shipping costs are estimates only. Coupon savings are estimates only and coupon codes are not warranted to work as described or at all. Coupons provided in part by Savings.com. Gotchya is not a party to any transaction you may make with a merchant or service provider, but may be in the future. Gotchya is not acting as an agent of sale or an agent of any seller or provider of products or services. Gotchya does not have any responsibility for, or liability related to, any product or service listed on the merchant and/or service provider websites. Your interaction with any seller or provider of products or services is at your own risk. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider. Gotchya does not endorse, warrant or guarantee the products or services of any seller or service provider. Your interaction with any seller or service provider is at your own risk. Gotchya does not represent or guarantee that prices of any seller or service provider set forth on the Gotchya website will be updated in real time.
  3. Third Party Information- Pricing and Products: Gotchya does not warrant or guarantee in any way that prices, shipping costs, taxes, coupons, products or descriptions, or any other content from third party websites are accurate, complete, reliable, current or error-free. Gotchya does not warrant or guarantee that the product prices identified are the lowest prices available for consumer purchase. Gotchya does not warrant or guarantee that the coupons displayed are all coupons available for listed products or that the coupons displayed represent the lowest product discounts available. Gotchya shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Gotchya website. If there is any discrepancy between information on the Gotchya website and information on a merchant's or service provider's website related to products, prices, coupons or services, the information on the merchant's, the coupon providers, or the service provider's website shall govern the terms of any transaction.
  4. Limited Liability and Assumption of Risk: Gotchya is not liable for any delay, inaccuracy, error or omission with respect to information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. Gotchya is not liable for any act or omission of any merchant, coupon service provider or service provider, or any other party's information that is available on our website. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the services.
  5. No Warranty: Gotchya provides a number of different services to assist you in comparison shopping for products. Gotchya provides information regarding products, prices, coupons, reviews and other third-party information. Gotchya does not warrant that product descriptions, pricing, coupon information, reviews, editorial commentary or any other content on the Gotchya website regardless of its source, is accurate, complete, reliable or current. Gotchya content is provided for informational purposes only and does not constitute an endorsement by Gotchya of any product, service or merchant. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. Gotchya assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings or other content on the Gotchya website.
    1. Gotchya does not represent or warrant that any website content is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of website content, and other information and opinions expressed through our website or service. Ratings and reviews may be informative to some but are not provided as a guarantee or prediction of the level of performance you may experience with the applicable product, service, merchant or other third party. You are solely responsible for any actions or decisions you take based on materials and information available through our website, and should carry out your own research and investigation as appropriate.
  6. Relationship to Merchants: Your dealings with online merchants or other third parties via our website are solely between you and that third party. As such, when you engage in a transaction with a third party you do so under their terms and policies, not ours. Complaints, questions and claims related to transactions with any third party should be directed to that third party.
  7. Third Party Information: Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this website by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Gotchya. Gotchya does not endorse or approve and is not responsible for monitoring, reviewing the accuracy, completeness or reliability of any opinion, advice, information or statement made on this website and you agree that you shall have no right or recourse against Gotchya for any liability arising out of your use (or lack thereof) of such third party content.
  8. Fees: Gotchya provides a number of different services to assist you in comparison shopping for products and services on the website. Gotchya is paid by merchants or other third parties. There currently is no fee charged to you by Gotchya for using the website.
  9. Intellectual Property:
    1. GOTCHYA, ICART, and SHOP MANY SAVE PLENTY are trademarks of Aggregate. There may be other trademarks owned by or for the benefit of Aggregate in the future. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the website are the property of their respective owners. The content of the website is protected by US law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries. Your use of the service and the content does not transfer to you any ownership or other rights in the service or the content.
    2. INTELLECTUAL PROPERTY OWNERSHIP AND COPYRIGHT INFRINGEMENT - Aggregate disclaims any responsibility for the content of any third party materials provided through or on its website or other services ("Third Party Content"). Aggregate will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include Aggregate removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Aggregate regarding matters other than informing Aggregate that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
    3. The Copyright Agent for notice of claims of copyright infringement can be reached as follows: Attn: Copyright Agent, Aggregate Shopping Corp. PO Box 15412, Plantation, FL 33318. email: contact@gotchya.co
    4. INFRINGEMENT NOTIFICATION - To be effective, your infringement notification must include the following:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web website are covered by a single notification, a representative list of such works at that website;
      3. Identification of the material (i.e., the Third Party Content) 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 Aggregate to locate the material;
      4. Information reasonably sufficient to permit Aggregate 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;
      5. A statement, as follows: "I have 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"; and
      6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
      7. Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
        1. Aggregate shall remove or disable access to the Third Party Content that is alleged to be infringing;
        2. Aggregate shall forward the written notification to the alleged infringer (the "Subscriber"); and
        3. Aggregate shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
    5. COUNTER NOTIFICATION - To be effective, a Counter Notification must be a written communication provided to Aggregate's Designated Agent that includes substantially the following:
      1. A physical or electronic signature of the Subscriber;
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
      3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
      4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of the United States District Court, Southern District of Florida and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
        1. Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Aggregate will comply with this requirement within a reasonable time (or as otherwise required by law), provided Aggregate's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Aggregate's network or system.
    6. CONTENT SUBMISSION - By contributing or submitting any content to the website, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant Aggregate a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to Aggregate to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Aggregate, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. Aggregate reserves the right to change, condense or delete any content on the website that Aggregate deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. You agree that you shall not post or provide any information to/for the website:
      1. That is known by you to be false, inaccurate or misleading;
      2. That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      3. That violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
      4. That is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
      5. For which you were compensated or granted any consideration by any third party;
      6. That seeks to obtain a commercial advantage;
      7. That includes any information that references other websites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
      8. That contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
      9. In contributing or submitting any content to the website, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify Aggregate (among others) for the content you submit as set forth in the indemnity section.
    7. MISCELLANEOUS - With the exception of matters set forth in this Section 9 which are required as a matter of law to be brought in Federal Court, all disputes are subject to binding arbitration as identified in these Terms Of Use, set forth in the provisions identified as "Disputes" and "Governing Law".
  10. Availability of Website: Gotchya services include information from other World Wide Websites or resources. Because Gotchya has no control over such websites and resources, you acknowledge and agree that Gotchya is not responsible for availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Gotchya shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. Finally, you acknowledge that such external websites usually have their own terms and conditions, including privacy policies, over which Gotchya has no control and which will govern your rights and obligations with respect to the use of those websites.
  11. Disclaimers: GOTCHYA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY THIRD PARTY CONTENT. GOTCHYA DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, OR THE OPERATION OR FUNCTION OF THE WEBSITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS WEBSITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. NEITHER GOTCHYA NOR ANY OF ITS OWNERS, PARTNERS, AGENTS, AFFILIATES, THIRD PART PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL. SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OR LOSS OF USE OF THE WEBSITE, OR ANY EXTERNAL WEBSITES LINKED TO THIS WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISIONS OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR PRODUCTS OBTAINED THROUGH THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISIONS THAT LIMITS GOTCHYA LIABILITY OR YOUR REMEDIES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Furthermore, nothing in these terms of use shall affect the statutory rights you are entitled to as a consumer to the extent that such rights cannot be waived or altered by your contractual agreement. You expressly agree that use of the service is at your own risk.
  12. Personal Information: Although Gotchya may take steps to safeguard and to prevent unauthorized access to your information and registration data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no representation, warranty, term, or condition, express, implied or otherwise, that we will prevent unauthorized access to your private information. In no event shall Gotchya be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your information or registration data, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless or whether Gotchya was given actual or constructive notice that damages were possible. In certain circumstances Gotchya will be providing your personal information to third party entities, including but not limited to merchants. Gotchya shall not be liable for the unauthorized use or distribution of your personal information or the failure of any third party to secure your personal information from distribution. You should refer to the Gotchya Privacy Policy for additional information relative to the subject of Personal Information.
  13. Limitation on Damages and Timing of Claims: Regardless of any information you have received to the contrary and notwithstanding any other limitation of liability provisions set forth, in no event shall our cumulative liability or that of our owners, officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related company exceed $100.00. You agree that this is a fair limitation based upon the manner and cost by which our website or service are provided to you, and taking into account your ability to use alternative resources providing information similar to that of our website or service. Furthermore, you agree that any claim, dispute or cause of action arising out of, related to, or in any way connected with our website, service or these terms of use must be commenced within one (1) year after the claim, dispute or cause of action accrues. Claims, disputes and causes of action brought outside this time period are waived.
  14. User Indemnifications and Releases: You agree to indemnify and hold harmless Gotchya, its owners and their officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to:
    1. your access to or use of our website or service;
    2. your user content;
    3. any actual or alleged violation or breach by you of these terms of use;
    4. any actual or alleged breach of any representation, warranty or covenant that you have made to us; or
    5. your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. Because we are a venue, in the event that you have a dispute with one or more users (including merchants) of Gotchya, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge Gotchya, our owners, officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect to all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. You hereby release, remise and forever discharge Gotchya, its owners, subsidiaries and affiliates, its service providers and each of their respective directors, officers, agents, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the service. If you are a Florida resident, you waive Florida civil code §1542, which says, "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable to similar statutes or principles of common law applicable in states other than Florida as it pertains to the enforcement of the release in this section. Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
  15. Disputes: In the event of a dispute, you and Gotchya agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and shall be arbitrated on an individual basis and not consolidated with any other party's claim, unless all parties agree to such consolidation. The arbitrator shall be governed by the rules of The American Arbitration Association. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitration shall apply governing substantive law in making an award. Each party shall be responsible for its costs and attorneys fees in connection with any arbitration, provided however that the arbitrator shall have the right to award costs and reasonable attorneys fees to the prevailing party. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable. To the extent allowed by law, we each waive any right to pursue disputes on a class wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding. In the event of any litigation, each party shall be responsible for its costs and attorneys fees in connection with any litigation, provided however that a court of competent jurisdiction shall have the right to award costs and reasonable attorneys fees to the prevailing party.
  16. No Waivers: No waiver by either of us of any breach or default under these terms of use shall be deemed to be a waiver of any preceding or subsequent breach or default. Any section headings used in these Terms of Use are for convenience only and shall not be given any legal import. Except where specifically stated otherwise, if any part of these Terms of Use are deemed unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected and shall remain in force and effect.
  17. Governing Law: These Terms of Use shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. All arbitration and other legal proceedings shall take place within Broward County. To the extent allowed by law, we each waive any right to trial by jury in any lawsuit.
  18. Privacy Policy: The website includes a Privacy Policy. That Privacy Policy is incorporated herein and made a part hereof in its entirety. The contents of the Terms of Use shall be applicable to the Privacy Policy.
  19. Notices: All notices shall be in writing and sent certified mail or delivery service with receipt. All notices to users shall be sent by email to the user's email address. Our address is Aggregate Shopping Corp. at PO Box 15412, Plantation, Florida 33318.

Ver. 2.2, Last Updated: September 19, 2017

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