Welcome to mynearstores.com (the "Website") and the mynearstores mobile application (the "App," and together with the Website, the "Services"). These Terms of Service (the "Terms") govern your access to and use of the Services provided by My Near Stores, Inc. ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
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Acceptance of Terms
By using our Services, you affirm that you are of legal age and have the capacity to enter into these Terms. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use our Services.
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Description of Services
mynearstores.com provides a platform where users can discover offers, deals, and discounts from various brands, local stores, and online retailers. This information is facilitated through our affiliate network partners. We strive to provide accurate and up-to-date information, but we do not guarantee the availability, price, or terms of any offer presented on our Services.
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Affiliate Relationships
You understand and agree that mynearstores.com may have affiliate relationships with the merchants and retailers whose offers are displayed on our Services. This means that we may earn a commission if you make a purchase through the affiliate links provided. These affiliate relationships help us to maintain and provide our Services to you free of charge. We are not responsible for the products, services, or content of these third-party merchants and retailers. Your interactions with them are solely between you and the third party, and are subject to their terms and conditions and privacy policies.
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User Accounts (Optional)
While you may be able to use some features of our Services without creating an account, certain functionalities may require registration. If you choose to create an account, you are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to suspend or terminate your account at any time for any reason without notice.
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User Conduct
By using our Services, you agree not to:
- Use the Services for any illegal or unauthorized purpose.
- Violate any applicable laws or regulations.
- Infringe upon the intellectual property rights of others or us.
- Transmit any viruses, malware, or other harmful code.
- Attempt to interfere with the proper functioning of the Services.
- Collect or harvest any personally identifiable information from other users without their consent.
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
- Use any automated means (such as bots, spiders, or scrapers) to access or collect information from the Services without our express written permission.
- Misrepresent your affiliation with any person or entity.
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Intellectual Property
The content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, and software, are owned by My Near Stores, Inc. or our licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use only. You may not reproduce, modify, distribute, display, perform, or create derivative works of any part of the Services without our express written consent.
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Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY OFFERS, DEALS, OR DISCOUNT INFORMATION PROVIDED THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
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Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY NEAR STORES, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESSING OR USING THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
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Indemnification
You agree to indemnify, defend, and hold harmless My Near Stores, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your use of the Services, or your violation of any law or the rights of a third party.
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Third-Party Links and Content
Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
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Modifications to the Terms
We reserve the right to modify these Terms at any time in our sole discretion. We will notify you of any material changes by posting the updated Terms on the Website or through the App. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically for any updates or modifications.
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Termination
We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, and without prior notice or liability. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
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Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in North Carolina, and you hereby consent to the personal jurisdiction of such courts.
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Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and My Near Stores, Inc. regarding your use of the Services and supersede all prior and contemporaneous agreements and understandings, whether oral or written.
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Contact Us
If you have any questions about these Terms or our Services, please contact us at:
- By email: info@mynearstores.com
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
