Last Modified September 13th, 2013
LICENSE AND SITE ACCESS
PriceGrabber grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of PriceGrabber. Any unauthorized use shall immediately terminate the licenses and rights granted by PriceGrabber and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray PriceGrabber, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any PriceGrabber, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of PriceGrabber, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
PriceGrabber does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within PriceGrabber's control.
PriceGrabber provides a number of different services to assist you in comparison shopping for products and services on the Site. PriceGrabber is paid by merchants or other third parties for listing products and services on the Site and for promotions such as featured merchants, featured products and showcases.
PriceGrabber does not sell, resell or license any of the products listed on the Site, nor is PriceGrabber acting as an agent of sale, and PriceGrabber disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.
PriceGrabber does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by PriceGrabber of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. PriceGrabber assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.
A note about Mature Content Channel Listings. PriceGrabber provides a platform for the display of materials which may, in some jurisdictions, be considered "mature" content. No representation or warranty is made regarding the types of products, their use or any compliance with law related to their display or use. Availability of such content is reserved for users self-identifying as meeting the age requirements for access.
By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant PriceGrabber a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to PriceGrabber to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of PriceGrabber, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. PriceGrabber reserves the right to change, condense or delete any content on the Site that PriceGrabber deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post or provide any information to/for the Sites:
In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify PriceGrabber (among others) for the content you submit as set forth in the indemnity section, below.
You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on PriceGrabber's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without PriceGrabber's prior written consent.
Review only one product at a time, based on your own experience. Do not copy material from other sources.
If you wish to comment on the seller, please post a Merchant Review.
Describe why you would or would not recommend that others purchase this product. Be Specific.
Remember, offensive language & commercial endorsements are not allowed.
Contact information, such as email addresses, phone numbers, or URLs, is strictly prohibited and will result in the deletion of the post.
You may submit a merchant review through the Merchant Ratings System on the Site or through the Shopper Satisfaction Survey to describe your shopping experiences with merchants.
By providing the Invoice Number, you acknowledge and agree that you may be contacted by PriceGrabber and/or the applicable merchant to which/whom the invoice relates. You acknowledge and agree that your review may not be displayed if the Invoice Number does not match the associated information in PriceGrabber's records. A merchant may dispute the validity of an invoice identified by you and may submit a complaint to PriceGrabber. This may result in PriceGrabber opening a user review inquiry. During the user review inquiry, PriceGrabber may, in its sole discretion, remove the contested review, and/or require additional data or proof from the user to determine whether the review should remain or be reinstated on the Site. Failure of the user to participate in the user review inquiry will result in the removal of the contested review from the Site.
OTHER BUSINESSES AND LINKS TO OTHER SITES
PriceGrabber may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by PriceGrabber of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. PriceGrabber is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.
PriceGrabber has no control over the business practices of any third-party merchant or seller, nor does it controlin any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE PRICEGRABBER, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH PRICEGRABBER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "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."
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY PRICEGRABBER ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABBER SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. PRICEGRABBER DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF PRICEGRABBER'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM PRICEGRABBER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABBER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
PriceGrabber disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). PriceGrabber will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include PriceGrabber removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to PriceGrabber regarding matters other than informing PriceGrabber that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted to the following Designated Agent:
To be effective, your infringement notification must include the following:
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
To be effective, a Counter Notification must be a written communication provided to PriceGrabber's Designated Agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and PriceGrabber will comply with this requirement within a reasonable time (or as otherwise required by law), provided PriceGrabber's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on PriceGrabber's network or system.
A Special Note about Children's Privacy
You must be at least 18 years old to use this website. We do not knowingly collect, use or disclose personal information about visitors under 18 years of age. If you are under 18 years of age, you can use the services offered on our website only in conjunction with your parents or guardians.
Please review PriceGrabber's other policies posted on the Site, which are incorporated herein by reference.
PriceGrabber Member Agreement (http://www.pricegrabber.com/info_memtermsofuse.php)
ADDRESS FOR NOTICE
Notices to PriceGrabber (other than as aforementioned for Digital Millennium Copyright Act infringement notices) can be sent by accessing the following link: http://www.pricegrabber.com/info_notices.php.
PriceGrabber's mailing address is:
At PriceGrabber.com Inc. ("PriceGrabber") we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address ("personal information").
PriceGrabber will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of PriceGrabber in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) PriceGrabber determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of PriceGrabber, its subsidiaries, affiliates, co-brand partners or other parties under contract with PriceGrabber, our users, or others; or 4) you have provided such data through a partner's private-level shopping web site hosted by PriceGrabber, in which case PriceGrabber may provide your personal data to that partner (PriceGrabber is not responsible for its partners' privacy policies or their use, storage and processing of data collected on their web sites). In addition, PriceGrabber may transmit information to a merchant, such as an invoice number, which may permit the merchant to deduce the identity of a user/reviewer in the event that a merchant disputes a user review on the grounds that a transaction never took place between the user and the merchant and/or an order was never made by the user in each case for the applicable product(s)/service(s).
In certain instances, PriceGrabber may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked "optional" (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitor's statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as, providing necessary traffic information to our advertisers. We currently contract with several online partners to help manage and optimize our Internet business and communications. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use Web beacons and cookies provided by our marketing company on this site. The type of information we collect includes the product codes and prices for merchandise that visitors purchase, and the pages visited. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from our site on our behalf, we control how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can "opt-out" of this website analysis tool by clicking here: http://www.omniture.com/privacy/policy#optout
The Site contains links to web sites of third parties. PriceGrabber is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. PriceGrabber adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
PriceGrabber uses third-party advertising companies to serve our ads on the Site. These third-party advertising companies employ cookie and 1x1 pixel .gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites, but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network's web site individually and opt out or visit the NAI gateway opt-out site to opt-out of all network advertising cookies. Click here for the NAI gateway opt-out site. http://www.networkadvertising.org/optout_nonppii.asp
This site will also allow you to review the third-party advertising companies' privacy policies.
Copyrights and Trademarks
All content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by PriceGrabber and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and PriceGrabber has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: firstname.lastname@example.org.
PriceGrabber, PriceGrabber.com and The Smart Place to Start Your Shopping are registered trademarks of PriceGrabber, and the PriceGrabber.com logo, and "Smart Shopping Anytime, Anywhere", and "Comparison Shopping Beyond Compare" mark are trademarks of PriceGrabber. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the PriceGrabber trademarks, are protected by US law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries.
This website is free to operate with respect to U.S. Patent No. 6,529,908
Copyright © 2015 PriceGrabber.com Inc. All rights reserved.
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