We are the digital marketing gurus

TERMS OF USE

[Effective Date: April 8, 2016]

The following Terms of Use (“Terms”) These Terms set forth important details about your relationship with us including restrictions on how you can use our Website and our liability in the event something goes wrong. These Terms also set out our agreement as to how we will resolve disputes through the use of a binding arbitration and you waive the right to participate in class action litigation.

BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF NOT, PLEASE DO NOT USE OR ACCESS OUR WEBSITE.

1. Privacy Statement Incorporated. We have posted a Privacy Statement which governs data collection, storage and use. This Statement is incorporated into these Terms. We encourage you to review the Statement.

2. Changes to Our Website. You agree and understand that our Website including, all content and sponsored content , may be modified or discontinued at any time, in our sole discretion, without prior notice. All changes are subject to these Terms.

3. Ownership of Intellectual Property. All text, graphics interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (collectively “Content”) published on the Website is protected by applicable intellectual property laws and is owned or licensed by comparisons.org or its licensors. You may not modify, create a derivative work, display, distribute, or exploit, in whole or in part, any of the Content or software contained on, or comprising, our Website without seeking prior written permission from us. You are restricted from using any automated or manual device or process to copy, monitor, index or data mine the Website. Comparisons.org, its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of Comparisons.org and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. Nothing in these Terms shall be deemed to grant to you any license or right in or to any other proprietary right of ours pertaining to the products sold on and through our Website.

3. License to Use and Copy. We grant you a limited license to make personal use of content on our Website. This license does not include: (a) any resale or commercial use of content on our Website; (b) the collection and use of any product listing or description on our Website; or (c) use of any data mining, robots, or similar data gathering and extraction methods on our Website.

4. Restrictions on Your Use of our Website. Without limiting the generality of any other provisions of these Terms, you agree you shall not: (i) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of our Website or Content; (ii) remove any copyright, trademark or other proprietary rights notice contained in or on our Website; (iii) use any robot, spider, search application, or other device to retrieve or index any portion of our Website; (iv) transmit or upload to our Website any software or code containing any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade the performance of our Website or any computer utilized to access our Website; (v) use our Website to intentionally or unintentionally, violate any applicable local, state, federal or international law; or (vi) collect or store personal or non-personal data about others in connection with our Website.

5. DMCA Notice. If you believe that any item or content on our Website infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

5.1. A description of the copyrighted work that you claim has been infringed;

5.2. A description of where the alleged copyrighted work is located on our Website;

5.3 Your name, address, telephone number and email address;

5.4. 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;

5.5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and

5.6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent may be reached at the following address:

Copyright Agent: 8880 Rio San Diego Drive 8th Fl Rio Vista Tower PMB# 805, San Diego, CA 92108

6. DISCLAIMER. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH OUT WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

7. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION

9. Disclaimer of Advertisements and Links to Third Party Website. We may display advertisements from third parties on our Website. These advertisements may be in the form of a sponsored content article, banner, link, pop-under or pop-up ad. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements or any click through or linked website. We are paid only for the display of the advertisement and the display or link does not represent or imply that we endorse such products, services or Website. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE OR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS OR WEBSITE.

10. CLASS ACTION WAIVER AND BINDING ARBITRATION.

10.1. ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE AND THE PRODUCTS ADVERTISED THEREON (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM ADVERTISING ON OUR WEBSITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS.

10.2. If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed 8880 Rio San Diego Drive 8th Fl Rio Vista Tower PMB# 805 San Diego, CA 92108. It must be addressed to the attention of Legal Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.

10.3. All arbitrations required by these Terms will be conducted under the rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under these Terms may be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless we and you agree otherwise, the arbitrator may not consolidate your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

10.4. In the event that you commence arbitration in accordance with these Terms, We will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Requests for payment of fees should be submitted by mail to the AAA along with your Demand for Arbitration and We will make arrangements to pay the necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon by Us. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes pertaining to payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

10.5. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A CLASS REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR OUR WEBSITE INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE, OUR ADVERTISEMENTS AND DISCLOSURES, EMAIL OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF OUR PRODUCTS OR SERVICES. THIS SECTION 14 WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND US.

15. Applicable law. By visiting our Website, you agree that the laws of Curacao, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.

16. General Terms. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. These terms constitute the entire agreement between us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the posted Privacy Policy on our Website.

IBM Shopping ACCEPTABLE USE POLICY

Effective Date: June 7, 2016

IBM Shopping Communications, Ltd. its parent, subsidiaries, divisions and related Websites (hereinafter collectively referred to as “Company”) Acceptable Use Policy ("AUP") describes the proper kinds of conduct and prohibited uses of Company’s services ("Services"), as described and subscribed to pursuant to the applicable Terms and Conditions Agreement (“Agreement”) of which this policy is incorporated. This AUP is not exhaustive and Company reserves the right to modify the AUP at any time, effective upon posting of the modified AUP to the website. By registering for and using the Services, and thereby accepting the Terms and Conditions under which you have accessed the Services, you agree to abide by this AUP as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account and such other action as Company deems appropriate.

VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM COMPANY. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE AUP BY YOU.

1. YOUR GENERAL RESPONSIBILITIES.

The Services enable you to interact with users of the Internet and retrieve and send vast amounts of commercial information. Company provides the Services with the goals of: (a) ensuring security, reliability and privacy of the Services and the users of the Services; (b) maintaining an image and reputation of Company as a responsible provider of the Services’ (c) preserving the value of Internet resources as a conduit for free expression; and (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, Company expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.

2. PROHIBITED CONDUCT.

You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or the AUP is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. Company reserves the right to restrict or prohibit any and all uses of the Services or content on your Website(s) and to remove such materials from its servers, which Company determines in its sole discretion, is harmful to its servers, systems, network, reputation, good will, other Company customers, or any third party.

• Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
• False advertising. You agree not to post or transmit on or though any services any advertising or promotional materials that contain false, deceptive or misleading statements, claims, or representations.
• Copyright/Trademark Infringement. You agree not to post or transmit on or through the services any content that infringes on the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right of another person or entity or use the same without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
• Offensive Materials. You agree not to transmit, disseminate, sell, store or host material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• Export Violations. You agree not to post or send software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
• Harmful Content. You agree not to disseminate or host harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
• Fraudulent Conduct. Your agree not to offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation, use of credit card numbers.
• False Pretenses. You agree not to use the services to impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication. False domain registration is strictly prohibited.
• Failure to Abide by Third-Party Website Policies. You agree not to violate the rules, regulations, or policies that apply to any third-party network, server computer database, or website that you access by or through the services.
• Child Pornography. You agree not to violate the Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of “sexual intercourse” and/or “sexually explicit conduct” involving children.
• Distribution of Viruses. You agree not to intentionally distribute any software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.
• Facilitating a Violation of this AUP. You agree not to advertise, transmit, or otherwise make available any software, program, product, or service that is designed to violate this AUP which includes, but is not limited to, spam, pinging, flooding, mailbombing, denial of service attacks or piracy of software.
• Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
• Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
• Reselling the services. Reselling the Services without Company's express written consent.
• Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Company's Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is your responsibility to ensure that the network is configured in a secure manner. You may not, through action or inaction, allow others to use your network for illegal or inappropriate actions. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the network in an illegal or inappropriate manner.

3. SYSTEM AND NETWORK SECURITY AND INTEGRITY.

Violations of Company's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Company may investigate incidents involving such violations. Company may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:

• Hacking. Unauthorized access to or use of data, systems, servers or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
• Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
• Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or other program, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
• Falsification of Origin or Routing Information. Forging of any TCP-IP packet header, e-mail header or any part of a message header. Using, selling, or distributing in conjunction with services any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an internet domain, header information, date or time stamp, originating e-mail address or other identifier.
• Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
• Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.

4. E-MAIL.

The Services may be used to transmit Commercial E-mail that complies with all United States state and federal laws including, but not limited to the CAN-SPAM Act of 2003. However, you may not distribute, publish, or send any of the following types of e-mail:

• Unsolicited promotions, advertising or solicitations (commonly referred to as "spam") that is not compliant with the CAN-SPAM Act of 2003, including, without limitation, commercial advertising and informational announcements to those e-mail addresses who have requested that their e-mail addresses be opted out.
• Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
• Harassing e-mail, whether through language, frequency, or size of messages.
• Chain letters.
• Malicious e-mail, including without limitation "mailbombing" (flooding a user or Website with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
• E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
• Third Party Links. Links to third party Websites should not be inserted in e-mails without the direct or indirect permission of the third party, and your e-mail should conspicuously notify the recipient that the link is to a third party over which you have no control or operation.
• In addition, you may not use Company's mail server or another website's mail server to relay mail without the express permission of the account holder or the Website. Posting the same or similar message to one or more newsgroups, message boards, blogs, Company discussion groups, etc., (excessive cross-posting or multiple-posting) also is explicitly prohibited.

5. INSTANT MESSAGING AND CHAT SERVICES.

Inappropriate use or misuse of instant messaging or chat applications on the Company network is not acceptable or does not comply with the applicable laws and regulations.

6. LINKS TO THIRD-PARTY SITES.

The Website may contain links to other websites that are maintained by third parties over which Company has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. Company makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites

• Company does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Company is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.

7. MODIFICATION OF THE POLICY AND AGREEMENT.

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified. Each time you use the Website, you agree to then currently posted policies and Agreements by accessing or using our Website, products or services.

8. PRIVACY POLICY.

Company respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.

9. REPORTING VIOLATIONS OF AUP.

Company requests that anyone who believes that there is a violation of this AUP to direct the information to its legal department at: [email protected].

In making this report, please provide the following information if it is available: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation; (3) evidence of the alleged violation.

In response to any complaint, Company may take any one or more of the following actions: (1) issue written or verbal warnings; (2) suspend services; (3) terminate services without notice; (4) bring legal action to enjoin violations and/or to collect damages, if any caused by the violation; (5) such other actions in the sole discretion of Company.

10. MISCELLANEOUS.

Any failure to insist upon or enforce performance of any provision in this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

Any questions regarding this AUP should be directed to [email protected].

IBM Shopping CORPORATE PRIVACY NOTICE

Effective Date: June 7, 2016

IBM Shopping, Ltd offers many solutions for your marketing needs. In offering these solutions we collect and use certain information about our business partners like you. This Privacy Notice describes how we collect and use this information. This Privacy Policy explains:

• What information we collect and how we collect it.
• How we use and share that information.
• The choices we offer you to control the collection, use and sharing of information.
• How to contact us if you have questions or complaints.

Information We Collect:

We collect information in order to provide the Platform to our business partners. We may collect this information in the following ways:

• Information you give us. We will collect your personal information when you register to use our platform or contact us for any reason in person, over the phone or by e-mail. This personal information includes your name, e-mail address, mailing address, tax identification number, credit card information, bank account information or telephone number.
• Information we get from your use of our website. We may collect information about your visitors to our website. This information includes:
  • Cookies. We send cookies to your browser to help us determine which content on our website appeals the most to you and what content you may have viewed on past visits. Cookies can enable us to customize the content according to your preferences and to save your password for ease of access. Our cookies contain personal information when you provide it to us. We also allow third parties to use cookies on our website, and these companies' use of cookies is subject to their own privacy policy. We do not control the collection or use of information by third parties.
  • Google Analytics. We use Google Analytics; a web analyzing service of Google, Inc. Google Analytics is based on cookies. The cookie-generated information about your use of this website is transmitted to and stored by Google's servers in the US. Google will use this information on our behalf to evaluate your use of the website, compiling reports on website activities and further use of the website and Internet related services. You may refuse the storage of cookies by selecting the appropriate settings on your browser; however, you might not be able to use all features of this site completely. You can also prevent the detection of data generated by the cookie and to your use of the website related data (including any part of your IP address) to Google and the processing of these data by Google, by using the following link to download and install the provided browser plug-in. Further information about Google Analytics and data protection is available here: https://tools.google.com/dlpage/gaoptout?hl=en-GB or under: http://www.google.com/intl/en_uk/analytics/privacyoverview.html.
  • Browser information. We collect information sent by your browser to better understand our customers. For example, we collect information regarding your IP address, referring domain names, the type of browsers used, operating system software, screen resolutions, color capabilities, browser plug-ins, language settings, cookie preferences, search engine keywords and JavaScript enablement.

Use of Information We Collect:

We use the collected information necessary for our corporate functions. This includes (i) carrying out our contractual obligations, (ii) communicating with you regarding potential business or business issues; (iii) notifying you of an issue with the Platform or a user of the Platform. By providing your personal information to us, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR 310 et seq.), as amended from time to time and other telemarketing laws or rules. Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, we reserve the right to contact you via telemarketing in accordance with the Amended Telemarketing Sales Rule.

We do not have business partners under the age of 18 and therefore we will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from our database.

We process personal information on our servers in many countries around the world, including the United States. We may transfer your personal information to and from the United States.

Transparency and Choice:

You may locate and disable cookies by and through your browser settings. We do not acknowledge do-not-track technology. If you disable cookies, you will not be able to use all the features and functionality of our website. To the extent you do not wish to receive commercial emails from us, you can opt out of these emails by sending your request to [email protected].

How We Share Information:

We do not share your personal information with companies, organizations and individuals, except as follows:

• Vendors and Service Providers. We disclose your personal information to third party service providers and vendors in order to effect or carry out any transaction that you have requested from us or as necessary to complete our contractual obligations with you. This includes service providers, accountants, counsel, lookup and reference services, data enhancement vendors, suppression and validation services.
• Legal reasons. We will share personal information with companies, organizations or individuals outside of our company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
  • meet any applicable law, regulation, legal process or enforceable governmental request;
  • detect, prevent, or otherwise address fraud, security or technical issues; or
  • protect against harm to the rights, reputation, property or safety of ours, our clients, our consumers or the public as required or permitted by law.
• In connection with a merger or sale. If we enter into discussions to sell, merge or otherwise reorganize our business, we reserve the right to transfer and disclose all data (including personal and anonymous user information) to prospective and/or actual purchasers or investors. We will require that such purchasers/investors treat the transferred data as described in this Privacy Notice that exists prior to the change unless and until you consent to their Privacy Policy.

How to Access and Updating Your Personal or Corporate Information:

• You are required to keep your personal and corporate information updated and accurate. As such, we allow you to update it quickly. We maintain this information for business and legal purposes as long as we reasonably believe it is necessary. When updating your personal information, we will ask you to verify your identity before we act on your request.
• We reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).
• We can provide assistance to information access and correction upon request except where it would require a disproportionate effort. If you request to delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems to protect and secure the validity of earlier information.
• If you are a California resident you have the right to request information regarding the manner in which we share certain categories of your personal information with third parties. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Please contact us for these requests.

Information Security:

We have industry standard security measures in place to protect against the loss, misuse, and alteration of personal information under our control. Although we take reasonable technological and personnel precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our website is at your own risk.

Changes To Our Privacy Practices:

We reserve the right to change our Privacy Notice at any time without notice. However, these changes will not reduce your privacy on a retrospective basis. If we do reduce your privacy expectations, we will notify you of the change directly. All other changes will be post any Privacy Policy changes on this page.

How to Contact Us:

If you have questions or complaints relating to this Privacy Policy, please contact us at [email protected].