THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY NUMERATOR (“NUMERATOR”,”WE” OR “US”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS DO NOT CREATE ANY THIRD-PARTY BENEFICIARY RIGHTS. THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME IN OUR DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. USE OF NUMERATOR SERVICES AND THIS SITE ARE LIMITED TO USERS WHO ARE AT LEAST 13 YEARS OLD. USE OF THE SERVICE IS NOT DIRECTED TO USERS UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO USE THIS WEBSITE, REGISTER AS A CUSTOMER OR SEND PERSONAL INFORMATION TO NUMERATOR. Order of Precedence In the event of any inconsistency between these (a) Terms of Use and (b) any written agreement (e.g., Master Client Agreement, Service Agreement, Master Services Agreement, etc.) between you and Numerator pursuant to which Numerator provides products and/or services to you (a “Subscription Agreement”), the Subscription Agreement shall control. Proprietary Information The material and content accessible from this site (collectively, the “Content”) is our proprietary information or the proprietary information of the party that provided the Content to us, and Numerator or such party retains all right, title, and interest in the Content. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. Modification or use of the Content except as expressly provided in these Terms of Use violates our intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site. All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Numerator service are trademarks or trade dress of Numerator. Restrictions On Use You may use this site for the purposes expressly permitted by this site, namely (a) finding general information regarding our company, products and services, and (b) if you have a valid Subscription Agreement, accessing subscription-based Content on the terms and conditions set forth in such Subscription Agreement. Notwithstanding any other provision of these Terms of Use, you may not use this site for any other purpose, including without limitation accessing any password-protected, subscription-based or non-public information, without our prior written consent. You may not copy, modify, distribute, sell or lease any part of this site, Content or software, nor may you reverse engineer or attempt to extract the source code of the software, unless laws prohibit those restrictions, or you have our written permission. For example, you may not (and may not authorize any other party to) (a) co brand this site, (b) frame this site, or (c) link to this site, without our prior written consent. For purposes of these Terms of Use, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate in causing any unauthorized co-branding, framing, or linking immediately to cease. Submissions You hereby grant to us (and those we work with) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, host, store, reproduce, modify, adapt, communicate, publish, translate, create derivative works from, distribute, publicly perform, and publicly display all content, remarks, suggestions, ideas, graphics, or other information communicated (i.e. uploaded, submitted, stored, sent) to us through this site (together, the “Submission”), and to incorporate any Submission into other works in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential and may use any Submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability because of any similarities that may appear in our future product or service offerings. You represent that you have the necessary rights to grant us this license for any Submission. We will treat any personal information that you submit through this site in accordance with our Privacy Policy. By using our site and providing us any Submission, you agree that we can use such data in accordance with our privacy policies. None of our products or services are intended for use or purchase by children. Accordingly, Market Track does not knowingly collect, either online or offline, information from children under the age of 13. If you believe that we might have any information from a child under age 13, please contact us at privacy@numerator.com Mobile Apps For supplemental Privacy information related to our Mobile Apps, click https://receipthog.com/privacy/ or https://app.shoparoo.com/mobile/privacy Indemnification You will indemnify, defend and hold Numerator, its subsidiaries, parents, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, members, owners and agents (collectively, “Numerator Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Numerator Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold the Numerator Parties harmless from any losses, damages, judgments, awards, costs, expenses, and attorneys’ fees incurred in connection therewith. You will also indemnify, defend, and hold the Numerator Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. Information You Provide You may not post, submit, publish, or transmit in connection with this site any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm minors by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; solicits funds, advertisers, or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains links to other sites that contain content that falls within the descriptions set forth above. Numerator reserves the right to monitor use of this site to determine compliance with these Terms of Use and any Subscription Agreement, as well as the right to remove or refuse any information for any reason. Numerator may track and analyze your use of this site, and any Submissions, for research, development and marketing purposes. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither any of the Numerator Parties nor any third party that provides Content to Numerator will assume or have any liability for any action or inaction by Numerator or such third party with respect to any submission. Permissions You hereby grant us the right to review, mine, scrape, harvest, extract, analyze and record content available on the public, non-password-protected portions of your websites and social media resources (e.g., Facebook pages), and the websites and social media resources of your affiliates, for inclusion in our proprietary databases and in our subscription-based Content, notwithstanding any contrary provision of the terms of use pertaining thereto. Security You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network-probing tools) is strictly prohibited. If you become involved in any violation of the site system security, Numerator reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Numerator reserves the right to investigate suspected violations of these Terms of Use. Numerator reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Numerator to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS THE NUMERATOR PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE NUMERATOR PARTIES DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NUMERATOR PARTIES OR LAW ENFORCEMENT AUTHORITIES. Links This site may be linked to other sites which are not maintained by, or related to, us. Links to such sites are provided as a service to you and users and are not sponsored by or affiliated with this site. We have not reviewed any or all of such sites and are not responsible for the content of those sites. Links are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites linked to this site. Further, the inclusion of any link to a third-party site does not necessarily imply our endorsement of that site or its content. Disclaimer All of the Content, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Numerator does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not accurate or complete. Limitation of Liability NUMERATOR PROVIDES THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, ADEQUACY, COMPLETENESS OR CURRENTNESS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY OF THE NUMERATOR PARTIES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. IN NO EVENT WILL THE LIABILITY OF NUMERATOR TO ANY PARTY RELATING TO THIS SITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $10. Miscellaneous These Terms of Use will be governed and interpreted pursuant to the laws of Illinois, United States of America, notwithstanding any principles of conflict of laws. You specifically consent to the personal jurisdiction of the courts located in Illinois in connection with any dispute between you and Numerator arising out of these Terms of Use or pertaining to the subject matter hereof. The exclusive venue for any such dispute will be in the state and federal courts in Chicago, Illinois. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use (and any Subscription Agreement in force from time to time) constitute the entire agreement among the parties relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Numerator may revise these Terms of Use at any time by updating this posting. Technical Requirements You are responsible for complying with the hardware and software requirements of this site, which may change over time without notice to you (e.g., support for access via outdated web browsers may be terminated). Last updated: September 28, 2018.