MyAlerts terms of service
Last Updated: May 8, 2018
THE MYALERTS WEBSITE
The MyAlerts Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the MyAlerts Website is the property of MyAlerts or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. MyAlerts hereby grants you a limited, nonexclusive, non-transferable, personal license to use the MyAlerts Website for personal or, informational purposes only. Except as expressly authorized by MyAlerts in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the MyAlerts Website for any purpose or “frame" or "mirror" the MyAlerts Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to MyAlerts and/or its licensors.
To use certain features of the MyAlerts Website, to download applications, APIs or browser plug-ins from MyAlerts or participate in certain activities sponsored by MyAlerts, we might ask you to register as a customer, user or participant. If so requested, each MyAlerts Website user must: (1) personally provide true, accurate, current and complete information on the MyAlerts Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, MyAlerts has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, MyAlerts may suspend or terminate any and all current or future use of the MyAlerts Website by that user. A user may receive passwords and account designations upon completing certain MyAlerts Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to MyAlerts or the MyAlerts Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants MyAlerts the royalty-free, world-wide perpetual, non-exclusive, transferable license to MyAlerts to use, reproduce, publish, distribute and display such Content solely on or through the MyAlerts Website. MyAlerts has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. MyAlerts shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. MyAlerts, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of MyAlerts Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the MyAlerts Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the MyAlerts Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this MyAlerts Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from MyAlerts; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. MyAlerts shall not be liable in any way for any Content.
YOUR USE OF MYALERTS APPLICATIONS
Your use of MyAlerts’s various desktop or mobile applications, APIs or browser plug-ins is subject to the terms and conditions of (1) the Apple or Google application license agreements in effect at the time that you download the application, and/or (2) MyAlerts’s Application License Agreement (myalerts.com/applicenseterms).
The MyAlerts Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the MyAlerts Website or otherwise provide such information to MyAlerts, including but not limited to personally identifiable information.
MyAlerts may terminate your use of the MyAlerts Website for: (1) breach of these Terms; (2) your abuse of MyAlerts Website resources or attempt to gain unauthorized entry to the MyAlerts Website; or (3) as required by law, regulation, court or governing agency order. MyAlerts's termination of any user's access to the MyAlerts Website may be effected without notice and, on such termination, MyAlerts may immediately bar any further access to the MyAlerts Website. MyAlerts shall not be liable to any user or other third party for any termination of that user's access to the MyAlerts Website. In the event of termination, MyAlerts reserves the right to delete or save a user’s Content at MyAlerts’s sole discretion.
The MyAlerts Website may provide links to other websites. MyAlerts exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE MYALERTS WEBSITE IS AT HIS OR HER SOLE RISK. THE MYALERTS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYALERTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYALERTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE MYALERTS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
"MYALERTS” is a trademark of MyAlerts. All other marks, names, and logos mentioned on the MyAlerts Website are the property of MyAlerts or their respective owners. Your use of the MyAlerts trademarks and other marks, names and logos set forth on the MyAlerts Website without prior written consent is strictly prohibited.
MyAlerts respects the intellectual property rights of others, and requires that the people who use the MyAlerts Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this MyAlerts Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit MyAlerts to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) 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; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
The Terms constitute the entire agreement between each user and MyAlerts and govern each user's use of MyAlerts Website, superseding any prior agreements. The Terms and the relationship between each user and MyAlerts shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota. This MyAlerts Website is controlled and operated by MyAlerts from its offices within the State of Minnesota, United States of America. MyAlerts makes no representation that materials in the MyAlerts Website are appropriate or available for use in other locations. Those who choose to access this MyAlerts Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This Agreement shall be drafted and construed in English. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between MyAlerts and any user.
Last Updated: January 25, 2016
This policy explains our information practices, defines your privacy options and describes how your information is collected and used.
This policy covers the website at www.myalerts.com (the “MyAlerts Website”) and the various mobile and desktop applications (collectively the “Applications”) made available by MyAlerts Inc. (“MyAlerts”). The MyAlerts Website and the Applications are owned and operated by MyAlerts a corporation organized under the laws of Delaware. Should you have privacy questions or concerns, send an email to email@example.com.
By using or visiting the MyAlerts Website or using the Applications, you agree to the collection and use of information in the manner described in this policy. MyAlerts shall have right at any time and without prior notice, at its sole discretion, to revise this policy. If we make material changes to this policy, we will notify you by email, by means of a notice the next time you log in to the MyAlerts Website, by means of a notice on the MyAlerts Website homepage or when you next activate the Application. Such revisions and additions shall be effective immediately upon notice. You are responsible for reviewing the MyAlerts Website or Applications periodically for any modification to this policy. Any access or use of the MyAlerts Website or Applications by you after notice of modifications to this policy shall constitute and be deemed to be your agreement to such modifications.
The Information We Collect
This policy applies to all information collected on the MyAlerts Website, any information you provide to MyAlerts and any information that results from your use of Applications. You will most likely provide us personal information to us when you register as a user of MyAlerts Website, license and then use the Applications or participate in certain MyAlerts promotions or events. The personal information we may collect might include: passwords, user names, addresses, email addresses, phone numbers and credit/debit card numbers.
The Applications allow users to track information about products and services and internet searches. When you use the Applications to search for products/services or save searches, the Applications enable you to automatically “track” the product/services and searches. If your tracking criteria are met (e.g. the product goes on sale, the product meets your target price point or a new search result is found), MyAlerts will notify you of such information using a variety of communication methods, including, but not limited to, push notifications, email alerts, SMS messages, browser notifications and social network messages.
Use of the Applications is subject to the terms and conditions of the Application License Agreement (click here to review the license associated with the Applications: www.myalerts.com/applicenseterms ).
Blogs and Product Reviews
The MyAlerts Website or Applications may include blogs, product reviews or other message areas that allow users to post or send information to the MyAlerts Website or the Applications. When you post information to the MyAlerts Website or Applications, others can also view that information. We urge you to exercise caution when providing personally identifiable information to MyAlerts, MyAlerts Website or the Applications.
Our Collection of Your Data
In addition to the personal information you supply, we may collect certain information to (1) evaluate how visitors, guests, and customers use the MyAlerts Website or the Applications; or (2) provide you with personalized information or offers. We collect data to make the MyAlerts Website and Applications work better for you in the following ways: to improve the design of the MyAlerts Website and Applications, to provide personalization on the MyAlerts Website and Applications and to evaluate the performance of our marketing programs. The technologies we may use to gather this non-personal information may include “IP” addresses, “cookies”, browser detection, “weblogs” and various “geo-location” tools.
How we Collect and Use Information
Our primary goal in collecting your information is to provide you with a personalized, relevant, and positive experience with the MyAlerts Website and Applications.
You can register on the MyAlerts Website or the Applications to receive promotions and updates, or to be contacted for market research purposes. In addition, if you use the Applications, MyAlerts, as part of those Applications, may send you push notifications (texts, sounds or pop-ups that are initiated without having to open the Applications), text messages, emails or other communications related to your use of the Applications. You can control your privacy preferences regarding such communications (see the section below entitled “Your Privacy Preferences”).
From time to time, you may be invited to participate in optional customer surveys or promotions, and MyAlerts may request that you provide some or all of the above listed personal information in those surveys or promotions. We use information collected from surveys and promotions to learn about our customers in order to improve our services and develop new products and services of interest to our customers.
IP addresses define the Internet location of computers and help us better understand the geographic distribution of our visitors and customers and manage the performance of the MyAlerts Website. Cookies are tiny files placed onto the hard drive of your computer when you visit the MyAlerts Website, so we can immediately recognize you when you return to the MyAlerts Website and deliver content specific to your interests. You may modify your browser preferences to accept all cookies, be notified when a cookie is set, or reject all cookies. Please consult your browser instructions for information on how to modify your choices about cookies. If you modify your browser preferences, certain features of the MyAlerts Website may not be available to you.
We may detect the type of web browser you are using to optimize the performance of the MyAlerts Website and to understand the mix of browsers used by our visitors, guests, and customers. To learn about how people use our site, we examine weblogs, which show the paths people take through the MyAlerts Website and how long they spend in certain areas.
By using the Application we will have access to (1) information related to the products/services or searches you are tracking (including, but not limited to, the product/services name, search criteria, price, SKU and product/services or search description); (2) a history of our communications related to your use of the Applications, including your actions related to such communications; and (3) information related to a product or service that you tracked using the Applications and subsequently purchased. The Applications may also include the ability to link certain geographical information made available by us with your physical location. When you use the Applications, the Applications may know, in very general terms, your current physical location. To the extent that your physical location can be determined by the Applications, we may use your location to make available information to you that is relevant because of your physical location.
We may also compile certain general information related to your use of the Website and Applications. You agree that we are authorized to use, reproduce and generally make such information available to third parties in the aggregate, provided that your information shall not include personally identifiable information about you or be attributable to you.
MyAlerts may contract with unaffiliated third parties to provide services such as customer communications, analytics and other services. When we do this, we may, in certain limited circumstances, provide your personally identifiable information to such third parties solely as necessary for such third parties to provide those services. MyAlerts will not provide any such information to any such third parties unless such third parties agree in writing: (a) to use such information solely for the purpose of providing such services; and (b) not to disclose, provide or make available such information to any other party.
Our Commitment to Data Security
Access to your personal data is limited to authorized MyAlerts staff or approved vendors. Although total security does not exist on the Internet or through mobile networks, MyAlerts shall make commercially reasonable efforts to safeguard the information that you submit to MyAlerts.
Use of the MyAlerts Website and Applications by Children
The MyAlerts Website and Applications are not intended for use by children under the age of 13.
Your Privacy Preferences
When you sign up as a registered user of the MyAlerts Website or Applications you may begin receiving marketing communications such as email newsletters, product and service updates, communications related to your use of the Applications and various promotions. Our customers generally find this type of information useful. If you do not want to receive these updates or communications, you may “opt-out” by unchecking the appropriate box on the user registration page, or should you choose to opt-out after registering, you can select the “unsubscribe” link at the bottom of the text or email and follow the opt-out instructions or send an email to firstname.lastname@example.org.
How to Access or Correct Your Information
Send MyAlerts an email at email@example.com if you want to access, review or correct your personally identifiable information collected by MyAlerts. To protect your privacy and security, MyAlerts require a user ID and password to verify your identity before granting you the right to access, review or make corrections to your personally identifiable information.
Disclosure of Information
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order or legal process. It is also possible that MyAlerts would sell its business (by merger, acquisition or otherwise) or sell all or substantially all of its assets. In any transaction of this kind, customer information, including your personally identifiable information, may be among the assets that are transferred. If we decide to so transfer your personally identifiable information, you will be notified by an email sent to the last know email address in our files, by notice posted on the MyAlerts Website or when you activate the Applications.
Privacy and Other Websites and Applications
The MyAlerts Website or the Applications may contain links to other websites or other mobile applications that are not controlled or managed by MyAlerts. For example, you may be routed to such websites or mobile applications by an affiliate of MyAlerts or you may be directed to a website or mobile application of a MyAlerts retail partner that offers for sale the products or services you’re tracking through the Applications. Such MyAlerts affiliates or retail partners may place on your computer a tracking device such as a “cookie” (please see the fourth paragraph of the “How we Collect and Information” above for more information about “cookies”). The information collected by such tracking devices may be used by the affiliate or retail partner to calculate fees due from MyAlerts or fees payable to MyAlerts. MyAlerts is not responsible for the privacy practices of these affiliates or partners. This policy only applies to information collected by MyAlerts. If you have any questions concerning such affiliate or retail partner’s privacy practices, please carefully review their respective privacy policies.