You acknowledge that there may be interruptions in service or events that are beyond our control.
While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including,
without limitation, routine maintenance.
You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
Spoilee retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
End User Communications As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Spoilee account, which you may not be able to opt-out from receiving.
Copyright and Trademarks The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Spoilee or Band of Shoppers name or any of the Band of Shoppers trademarks, logos, domain names, and other distinctive brand features.
Everything located on or in this Site is the exclusive property of SPOILEE or is being used with permission.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF SPOILEE IS PROHIBITED.
Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Disclaimer of Warranty The Service is provided “as is” without warranty of any kind, express or implied.
Spoilee or its representatives do not warrant that the content and data provided are timely, accurate, complete, reliable or correct. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Spoilee be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
SPOILED HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, Service providerABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability In no event shall Spoilee, nor its representatives, be liable under contract, tort, strict liability, negligence of other legal theory with respect to the Service or any content or user submissions.
You shall defend, indemnify, and hold harmless Spoilee and its representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms and Conditions by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
You are solely responsible for your interactions with Service providers and other users of the Site. To the extent permitted under applicable laws, you hereby release Spoilee from any and all claims or liability related to any product or service of a Service provider, any action or inaction by Service provider, including Service provider’s failure to comply with applicable law and/or failure to abide by the terms of a Spoilee, and any conduct or speech, whether online or offline, of any other user.
IN NO EVENT WILL SPOILEE’S LIABILITY IN CONNECTION WITH AN APPOINTMENT OR A VOUCHER OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH APPOINTMENT, VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS. Arbitration
We will make every reasonable effort to resolve any disagreements that you have with Spoilee.
If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Spoilee arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”).
You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Spoilee; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Spoilee’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Spoilee will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Spoilee shall be entitled to arbitrate their dispute.
Additional Disclosures You must be at least 13 years old to use this website and must possess the authority to create and binding legal obligation
The failure of Spoilee to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The Terms and Conditions may be modified at any time without advance notice.