Last Modified May 14, 2008
This Agreement covers, without limitation, the following Services:
Other Member-only Services of the Site may be implemented from time to time by PriceGrabber.
If you do not meet the requirements to utilize certain Services, they may not be available to you in your Member Account. If you are accessing a Co-Branded Site (defined below), some Services may not be available. All PriceGrabber Services are subject to change or immediate termination at the sole discretion of PriceGrabber.
PriceGrabber reserves the right to modify any and all terms and conditions contained in this Agreement. Such modifications shall be effective not sooner than fifteen (15) days of such modification unless otherwise stated by PriceGrabber in its discretion. PriceGrabber will notify you of such modifications via http://www.pricegrabber.com/info_memterm_update.php. In its sole discretion, PriceGrabber may also provide notification by other means such as email and post. You agree that it is solely your responsibility to routinely visit this web page for notices of modifications to the terms and conditions contained in this Agreement and how any such modifications may impact your use of the Site. Your continued use of the Site or any of the Services following PriceGrabber's posting of any changes or modifications to the terms of this Agreement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of the terms of this Member Agreement, you should not continue to use the Site or any of the Services.
- "Account Maintenance Page" means the Web page on the Site that provides facilities for adding, editing or removing Member information and preferences in a Member Account.
- "Co-Branded Sites" means co-branded versions of the PriceGrabber web site(s) maintained by PriceGrabber or its subsidiaries or its affiliates for one or more of PriceGrabber's co-brand partners.
- "Display Name" is the optional name that you may choose to reflect your activity as a Member to other Users of the Site. In case no Display Name is selected, your activity as a Member will be reflected under your User Name.
- "Member" means any entity entering into this Agreement and opening a Member Account for the purpose of using certain Services described herein.
- "Member Account" means an account set up in accordance with this Agreement, which allows access to certain Member-only Services.
- "Site" means the PriceGrabber web site, www.pricegrabber.com, as well as all of the Co-Branded Sites that offer the applicable Services, in whole or in part, under agreement with PriceGrabber.
- "Services" means the various services offered by PriceGrabber on the Site.
- "User" means a person who accesses the Site.
- "User Name" is the identifier established by you that will be displayed on the Site to reflect your activity as a Member and that you will use to access your Account Maintenance Page.
Eligibility. You may have no more than one (1) Member Account at any one time. You may not open a new Member Account if you obtained a Member Account in the past. PriceGrabber reserves the right to refuse service to any entity and to cancel any Member Account(s) for any reason at its sole discretion. Your Member Account and User Name may not be transferred, sold to, or used by, another party.
Once your Member Account is activated, you will have the option to select a Display Name. If you elect to have a Display Name, the Member level, transaction history, and Member Rating associated with your User Name will be the same. In the event that PriceGrabber determines, in its sole discretion, that the User Name or Display Name that you have chosen conflicts with PriceGrabber's policies or presents a risk to the security of your Member Account or to the privacy or security of other Members, we may contact you with instructions to change your Display Name or, alternatively, we may cancel your Member Account.
You agree as a condition of use and membership that PriceGrabber may contact you for the purpose of informing you of changes to this Agreement or describing new PriceGrabber Services available on the Site.
By activating (opting into) this Service you agree to receive e-mail alerts from PriceGrabber with notifications on special offers and prices identified by PriceGrabber editors. To take advantage of this Service you will only need a Basic Member Account or higher (as described in the Member Account Levels Policy available). You may activate and deactivate this Service using the account settings function on the Account Maintenance Page.
If you have a Basic Member Account, you may activate this Service, and you may add products to your personal price alerts, which the Site will track for you and notify you when, and if, your target criteria are reached. If you activate this Service, you agree to receive announcements regarding the products listed in your personal price alerts. There are no additional requirements to use this Service other than having a Basic Member Account or higher.
Shill Purchases are purchases induced by the seller to artificially create the appearance of a transaction (ie. a purchase made by the seller themselves, or a person with access to the seller not available to the general community, with the intent of returning the purchased item). You acknowledge and accept that participation in a shill purchase shall be deemed a breach of this Agreement.
Any Buyer or Seller may post a rating of the other to the extent that there has been a transaction or an attempt at a transaction associated with the rating. A poor rating of a Member can have a negative impact on the likelihood of other Members transacting with the applicable Member.
Without limiting other legal or equitable remedies that PriceGrabber may have, PriceGrabber may immediately issue a warning, disqualify you from any contest or promotion, temporarily or indefinitely suspend or terminate your Member Account and/or refuse to provide Services to you: (a) if you breach this Agreement or the terms contained in the documents incorporated herein by reference; (b) if PriceGrabber believes, in its sole and absolute discretion, that your actions may cause legal liability to you, PriceGrabber's users, PriceGrabber, or its subsidiaries, affiliates, co-brand partners, or other parties under contract with PriceGrabber; or (c) if PriceGrabber is unable to verify or authenticate any information you provide to PriceGrabber.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the any of the Services available on the Site. You are responsible for all the activity that takes place within your Member Account, even if such activities can be demonstrated to have been performed by another person or entity. You should never share the information required to access your Member Account with anyone or allow others to use your Member Account.
You agree that PriceGrabber is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold PriceGrabber, its subsidiaries, affiliates, co-brand partners and other partners, and their respective officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by PriceGrabber that arise out of any third party or governmental claim that involves, relates to, or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of PriceGrabber as a reseller of goods.
You agree as a Member that PriceGrabber shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services.
To terminate your Member Account, you must access the following URL: http://www.pricegrabber.com/user_terminate.php Upon termination of your Member Account, you will still be obligated to pay any fees (or other amounts) owing to PriceGrabber.
PriceGrabber may terminate your Member Account by sending you notification to your e-mail address and/or by simply suspending access to your Account Maintenance Page. If your Member Account or other privileges are terminated by PriceGrabber or by you, you may be considered for reinstatement, at PriceGrabber's sole discretion.
INCORPORATED POLICIES AND NOTICE
The policies below are incorporated into the terms of this Agreement by this reference. You agree that you have read the terms of such policies, understand the terms of such policies, and agree to be bound by the terms of such policies as and to the extent they relate to the Services you are using.
If there is a conflict between the terms of any of the policies listed above and the terms of this Agreement, the terms of this Agreement shall control.
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.
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