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Last Modified May 14, 2008
PriceGrabber.com, Inc., a Delaware Corporation ("PriceGrabber") operates the PriceGrabber Internet shopping sites (including, without limitation, www.pricegrabber.com, www.bottomdollar.com, www.preciomania.com, and www.precomania.com) and certain co-branded versions of its site under contract other third parties (collectively, the "Site"). You may only use the Site pursuant to the PriceGrabber Terms of Use and Privacy Statement (http://www.pricegrabber.com/info_disclaimer.php), which you accept by your use of the Site.
You may also become a "Member" of the Site, which may grant you additional privileges, by completing the membership application form and checking the "Accept" boxes indicating your agreement to be legally bound by the terms and conditions contained in this PriceGrabber Member Agreement (the "Agreement"). In the event of any conflict between the terms of this Agreement and the Terms of Use and Privacy Statement, the terms of this Agreement shall govern and control.
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.
MODIFICATION
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.
DEFINITIONS
- "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.
- "Buyer" means a Member who purchases an item for sale through the PriceGrabber Storefronts Service.
- "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.
- "Listing Fees" means the fees charged by PriceGrabber to Seller for listing products through the Storefronts Service.
- "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.
- "PriceGrabber Storefronts Service" means the Service on the Site that permits Members to sell and/or buy items from other Members.
- "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.
- "Seller" means a Member who lists an item for sale through the PriceGrabber Storefronts Service.
- "Services" means the various services offered by PriceGrabber on the Site.
- "Transaction Fees" means the fees that the Seller owes PriceGrabber when a Buyer agrees to purchase an item(s) offered for sale by the Seller through the PriceGrabber Storefronts Service, as described in the Fees and Billing Policy http://www.pricegrabber.com/info_policies.php/policy=billing
- "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.
FOR THE AVOIDANCE OF DOUBT, ALL DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION REQUIREMENTS ON THE USER OF THE SITE, AS SET FORTH IN THE TERMS OF USE AND PRIVACY STATEMENT APPLY TO THIS AGREEMENT AND TO ANY AND ALL OF THE SERVICES SELECTED BY A MEMBER.
MEMBERSHIP
Eligibility. While anyone may view information on the Site, only people who can form legally binding contracts under applicable laws may buy or sell products using the PriceGrabber Storefronts Service. You must be at least 13 years old to become a Member, and at least 18 years old (or if the minimum age of majority in your state for creating binding contracts is over 18, you must be at least such minimum age) to buy or sell products using the PriceGrabber Storefronts Service, and must meet other eligibility requirements as described herein. 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.
E-MAIL ALERTS
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 at (http://www.pricegrabber.com/info_policies.php/policy=accounts). You may activate and deactivate this Service using the account settings function on the Account Maintenance Page.
PRICE ALERTS
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.
PRODUCT REVIEWS
If you have a Basic Member Account or higher, you may post reviews on the Site about products that you have actually purchased or used. You may post no more than one review about a particular product on the Site. Any reviews that you post are subject to the conditions and restrictions described in the Content Submission section of the Terms of Use.
THE PRICEGRABBER STOREFRONTS SERVICE
INTRODUCTION:
The PriceGrabber Storefronts Service allows sellers to list and sell merchandise without the need to have their own web site. When a user buys from a PriceGrabber Storefronts Service seller, the buyer is not redirected to the seller's web site, instead, the buyer places the order with the seller within the PriceGrabber web site. However, the buyer is not buying from PriceGrabber, the buyer just places the order through PriceGrabber, and PriceGrabber then passes the buyer's transaction information to the applicable seller. The PriceGrabber Storefronts Service designed to help sellers without their own web site or to help sellers that would rather pay commission only if their merchandise sells rather than a Cost Per Click (CPC) to send traffic to their own web site.
The PriceGrabber Storefronts Service is available only to US citizens or legal residents of the US over the age of 18 who can form legally binding contracts under applicable law. In order to buy products through the PriceGrabber Storefronts Service, Members must have a Basic Member Account (as described in the Member Account Levels Policy available at http://www.pricegrabber.com/info_policies.php/policy=accounts) or higher. In order to sell products through the PriceGrabber Storefronts Service, Members must have a Silver Member Account (as described in the Member Account Levels Policy available at http://www.pricegrabber.com/info_policies.php/policy=accounts) or higher.
PriceGrabber is not a party to the transaction between a Seller and a Buyer with respect to the sale/purchase of any product listed by Members on the Site. The PriceGrabber Storefronts Service is only a venue that enables sales transactions between Members. PriceGrabber has no control over the quality of the items listed on the PriceGrabber Storefronts Service, the truth or accuracy of the descriptions of the listed items, or of the ability of the Buyer or Seller to buy/sell items listed on the Site. PriceGrabber cannot ensure that a Buyer or Seller will complete a transaction. PriceGrabber does not act as an agent of either party in any dispute and shall have no responsibility for resolving disputes. PriceGrabber does not act as an escrow agent on behalf of either party with respect to the sale/purchase of items listed by Members on the Site. You understand and agree that all sales transactions using the PriceGrabber Storefronts Service are strictly between you and a third party. PriceGrabber has no financial or other interest in the transaction that takes place other than the receipt of fees for Services, and assumes no responsibility or liability with respect to the quality of the product(s) purchased, the security of the transaction, or any other issue related to such purchase. PriceGrabber reserves the right, in its sole and absolute discretion, to place advertisements on any page on the Site, including the page where an item you are selling is placed. PriceGrabber shall not, in any way, be liable to any Member for the revenues attributable to any such advertisement.
You agree to use caution and common sense in dealing with Members, and further agree to hold PriceGrabber harmless and indemnify it and its subsidiaries, affiliates, co-brand partners and other partners and its and their respective directors, officers, employees, agents and representatives of PriceGrabber against any and all claims with respect to any transaction(s) you are involved in with other Members.
BUYERS
For Buyers, buying products using the PriceGrabber Storefronts Service is free of any costs or fees imposed by PriceGrabber. The Buyer is responsible for payment to the Seller for the cost of the products purchased, including applicable shipping and taxes.
When using the PriceGrabber Storefronts Service as a Buyer you agree to:
(a) Complete the transaction with the Member selling the item if you click the "Buy it Now from Seller" button (or equivalent). When you click the "Buy it Now from Seller" button (or equivalent), you are entering into a legally binding agreement. By clicking the "Buy it Now from Seller" button (or equivalent), you agree to be bound by any additional conditions of sale set by the Seller, if such conditions are included in the item's listing, so long as those conditions of sale are not unlawful or in violation of this Agreement. With respect to PriceGrabber, in the event of a conflict between the terms of sale or any other external terms and the terms of this Agreement, the terms of this Agreement shall govern and control;
(b) Immediately notify PriceGrabber of any activity on the Site that you believe is deceptive, fraudulent or misleading; and
(c) The terms of the Storefront Transaction Protection Plan at: http://www.pricegrabber.com/info_policies.php/policy=protection;
SELLERS
You may only list items for sale through the PriceGrabber Storefronts Service that you legally have the right to sell. When you list a product on the Site, you are obligated to sell the listed product in accordance with the Listing Policy (http://www.pricegrabber.com/info_policies.php/policy=listing) unless a sales transaction for such product has been fully consummated elsewhere prior to a Buyer electing to purchase the product. PriceGrabber reserves the right to request documentation of such prior sales transaction. If PriceGrabber does not receive, in a timely manner, a proof of such prior sales transaction acceptable to PriceGrabber in its sole discretion, PriceGrabber may assess your Member Account for the full amount of the PriceGrabber fees due, plus penalties, if appropriate. PriceGrabber strongly recommends that Sellers remove immediately any products listed for sale on the PriceGrabber Storefronts Service to the extent that sales transactions for such products have been fully consummated elsewhere. Seller must honor all of the sales conditions defined at the time of the listing of a product. Seller may not charge Buyer more than the listed price for the applicable product, and the sales tax and shipping costs for the same. PriceGrabber reserves the right at any time to modify (including moving your listings to product categories different from the one you listed) or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. Seller must ship the item using the form of delivery selected by the Buyer at the time of the transaction. You authorize PriceGrabber to charge your credit card for fees owed to PriceGrabber as described in the Fees and Billing Policy (http://www.pricegrabber.com/info_policies.php/policy=billing).
Credit Check: As a Seller, you authorize PriceGrabber to make any inquiries PriceGrabber considers necessary to evaluate your membership enrollment. This may include ordering a credit report and performing other credit checks and obtaining address verification information from state motor vehicle departments or other sources.
Sales Tax: While PriceGrabber provides calculations of applicable sales tax based on information that Sellers provide, it is the Seller's obligation to compute and collect from Buyers, and pay to the applicable tax authorities, any sales tax applicable to any items that Sellers sell using the PriceGrabber Storefronts Service. Sellers assume responsibility for any and all taxes applicable either to the sale of products or to Seller's gross income. Sellers must promptly provide PriceGrabber with a Social Security number or US Federal Tax ID or other data as may be required by any authorized government authority if requested by PriceGrabber.
SHILL PURCHASES
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.
DISPUTES
PriceGrabber has no responsibility to resolve disputes between Buyers and Sellers regarding products sold using the PriceGrabber Storefronts Service, or otherwise. We recommend that you contact the other Member through the "Contact" links available through your Account Maintenance Page to resolve disputes. You further agree to notify PriceGrabber of any activity on the Site that you believe may be deceptive, fraudulent or misleading.
MEMBER RATINGS
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. For more information regarding the Member ratings, see the Member Rating System Policy at: http://www.pricegrabber.com/info_policies.php/policy=rating.
DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
As set forth in the PriceGrabber Terms of Use and Privacy Statement at http://www.pricegrabber.com/info_disclaimer.php, PriceGrabber will transmit certain information about a Buyer to the Seller, and about the Seller to a Buyer, upon the Buyer's commitment to purchase the Seller's listed item through the PriceGrabber Storefronts Service. You agree that you will not use or disclose to any other person or entity any part of another Member's personal information that was disclosed to you by PriceGrabber for any purpose not expressly and directly related to such transaction. Furthermore, you acknowledge and accept the risk that other Members may misuse your personal information provided to them by PriceGrabber, and you acknowledge and agree that PriceGrabber is not in any way responsible or liable for any resulting loss, harm, injury or damage which may result from such misuse.
BREACH
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.
LEGAL COMPLIANCE
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.
TERMINATION
Either party may terminate the Agreement at any time. Upon termination or expiration of this Agreement for any reason, all obligations or liabilities of any Member under this Agreement, as well as under the Terms of Use and Privacy Statement, shall survive to the maximum extent permissible under applicable laws, including without limitation: all accrued payment obligations, amounts owed for Services, liability related to the use or misuse of PriceGrabber content, and indemnification obligations as set forth in this Agreement. You authorize PriceGrabber to keep a record of any information related to your Member Account even in the event of termination. You explicitly authorize PriceGrabber to maintain a record of any credit card you had used in connection with your Member Account even in the event of termination.
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
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.
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH PRICEGRABBER'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
INDEMNITY
You agree to defend, indemnify and hold PriceGrabber, its subsidiaries, affiliates, co-brand partners or other partners, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site or your breach of the Terms of Use and Privacy Statement and/or Member Agreement. PriceGrabber shall provide notice to you promptly of any such claim, suit or proceeding.
GOVERNING LAW/ARBITRATION
These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Los Angeles, California, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in California and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in California. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in California with knowledge of Internet commerce in California and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' or arbitrators' fees under this section.
GENERAL
If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by PriceGrabber, in our sole discretion, to a third party. You may not assign your obligations to any other entity.
Copyright © 2013 PriceGrabber.com Inc. All rights reserved.
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