Last updated: September 10, 2020
INTRODUCTION
Welcome to Price.com. These Terms of Service (the “Terms”) set forth the terms and conditions that govern your use of our website(s), products, services and applications (collectively, the “Services”) provided by Price Technologies Inc. (“Price.com,” “we,” “us” and “our”).
Accepting the Terms
To use the Services you must agree to and accept all of the Terms. Your use of the Services in any way means that you agree to be bound by these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy available at https://price.com/privacy. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
Any new features or tools which are added to the Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Description of Services
Price.com brings you savings with our comparison shopping tools, coupons, cashback, loyalty points, price alerts and other services. Unlike classic price comparison sites that focus on matching only new products, our technology also enables the matching of new products to, used, refurbished, generic, rental and offline. This enables the comparison options to span hundreds of thousands of merchants to provide full transparency and the most savings to you.
SECTION 1 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Information regarding the products displayed on Price.com (including price, descriptions, photos, coupons and other information) is provided by third parties. We are not responsible if information made available on this site is accurate, complete or current. Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material provided by Price.com site is at your own risk.
We may provide historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Services at any time, but we have no obligation to update any information.
SECTION 2 – MODIFICATIONS TO THE SERVICES
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 3 – AUTHORIZED JURISDICTIONS
Price.com makes the Services available in the United States of America and its territories (each, an “Authorized Jurisdiction”, and collectively, the “Authorized Jurisdictions”). We may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory. Use of the Services outside of the Authorized Jurisdictions is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. We reserve the right, but are not obligated, to limit use of the Services to any geographic region or jurisdiction. Any offer for any product or service made available through the Services is void where prohibited.
SECTION 4 – PRODUCTS OR SERVICES (as applicable)
General
Price.com does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. We have made every effort to display as accurately as possible the colors and images of the products that appear on the Services. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Some parts of the Services are supported by sponsored links from advertisers and the display of Price.com offers may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”). If you click on an offer you will be redirected to the partner’s site and your session will be tracked using affiliate cookies.
If there is a dispute between participants of the Service, or between you and any third party, you agree that Price.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Price.com, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: ”A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Price.com Cashback Program
Many Price.com offers are made in the form of cash back (“Price.com Cash”) for completing a certain action such as a transaction on a specific merchant partner’s website (“Cashback Program”). Some offers are designed to rebate to you a portion of an affiliate commission paid by a merchant to us. As such we can only provide Price.com Cash to you when a transaction is successfully completed and tracked and after we are paid by a merchant. If we are not paid by any of our affiliate partners or merchants, then Price.com is under no obligation to provide Price.com Cash to you for the transaction that was not paid for. You must obtain a minimum amount of Price.com Cash in order to obtain any reward. Specific information regarding the Cashback Program is available at https://price.com/cashback. If there are any difficulties in tracking a transaction, including your use of an ad blocker, we may not be able to provide you Price.com Cash. Additionally, you must have a Price.com account in order to participate in the Cashback Program. We partially rely on third party tracking systems and if we cannot confirm a transaction was properly recorded we may be unable to reward you Price.com Cash. In our sole discretion, we may choose to award you Price.com Cash if we can confirm enough information about your transaction. Please note that to prevent abuse your account may become ineligible for the Cashback Program if tracking your transactions becomes an issue.
Referral And Other Incentive Programs
Periodically Price.com may make you offers to receive Price .com Cash or other consideration for taking actions to promote the Services (collectively “Incentive Programs”). The goal of Incentive Programs is to reward participants. However, to protect ourselves from abuse of Incentive Programs we reserve the right, in our sole discretion, to withhold consideration for any reason at any time with or without any cause. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Incentive Program please contact us.
SECTION 5 – THIRD-PARTY LINKS AND ACCOUNTS
The Services will provide links to other web sites belonging to Price.com advertisers and other third parties. Additionally, certain content, products and services available via our Services may include materials from third-parties. Price.com does not endorse, warrant or guarantee the products or services available through the Services (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Price.com is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Price.com does not guarantee that the product details, prices, coupons, or other service terms, rates or rewards offered by any particular advertiser or other third party in our Services are actually the terms that may be offered to you if you pursue the offer or that they are the best prices, terms or lowest rates available in the market. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Price.com is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Price.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Price.com will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
You may direct Price.com to interact with accounts you own maintained online by third-party companies with which you have accounts (“Third Party Accounts”) such as Facebook or Google. Price.com makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Price.com is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Price.com may import information from your Third Party Accounts to help better offer the Services to you. Price.com does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.
Price.com cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Price.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
SECTION 6 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 7 – PERSONAL INFORMATION
Your submission of personal information through the Services is governed by our Privacy Policy available at https://price.com/privacy. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Services. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate.If you become aware of any unauthorized use of your Registration Information, you agree to notify Price.com immediately.
You understand that your content may be transferred unencrypted (except credit card information) and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We use third-party payment processor(s) (the “Payment Processor(s)”) to facilitate purchase transactions you make via the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor(s) in addition to these Terms. We are not responsible for errors by the Payment Processor(s). Note that Price.com does not store any of the information regarding your payment, including your credit card number or shipping address(es).
As a part of the Price.com community, you agree and authorize Price.com to collect information about the websites that you visit to create a better user experience for you and other Price.com users. Examples of this type of information includes information about the products your browser visits including the current product prices and other product details that are used to create a better experience for you and other users. In the future we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. Further details can be found in our Privacy Policy.
SECTION 8 – ALERTS AND OTHER COMMUNICATIONS
Price.com may from time to time provide automatic alerts and voluntary account-related alerts.Automatic alerts may be sent to you following certain changes made online to your Price.com account, such as a change of your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Price.com may add new alerts or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Price.com login information and some information about your accounts. Anyone with access to your email or mobile device will be able to view the content of these alerts. At any time you may disable future alerts.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without express written permission by us. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services: (a) for any unlawful purpose;(b) to solicit others to perform or participate in any unlawful acts;(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;(f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;(h) to collect or track the personal information of others;(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;(j) for any obscene or immoral purpose; or(k) to interfere with or circumvent security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS (INCLUDING PAYMENT SERVICES) ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON- INFRINGEMENT.
IN NO CASE WILL PRICE.COM, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO PAYMENT CARD NETWORK PARTNERS SUCH AS VISA) OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, 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 THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Price.com and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third- party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
Price.com may at any time, terminate its legal agreement and cease providing services to you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Price.com in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- immediately upon notice, to the email address or phone number provided by you as part of your Registration Information.
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
SECTION 16 – ARBITRATION CLAUSE & CLASS ACTION WAIVER
ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Section 17 – GOVERNING LAW AND FORUM FOR DISPUTES
These Terms, and your relationship with Price.com under these Terms, will be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Price.com, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement will be resolved exclusively as specified in Section 16, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Price.com may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Price.com is able to offer the Services, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Price.com, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE
SECTION 18 – COPYRIGHT DISPUTES
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, go to https://price.com/copyright.
SECTION 19 – CONTACT US
If you have any questions about these Terms of Service contact us at hello@price.com.