1. ACCEPTANCE OF TERMS
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with ThePricer.org in any way, your only recourse is to immediately discontinue use of ThePricer.org.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms at:
3. UNEDITED THIRD PARTY CONTENT AND MONITORING
In some instances ThePricer may act as a distributor (and not a publisher) of unedited content supplied by third parties and users of this Site. ThePricer has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including users, are those of the respective author(s) or distributor(s) and not of ThePricer.
ThePricer neither endorses nor is responsible for the accuracy or reliability of any unedited opinion, advice, information, or statement made on this Site by anyone other than authorized ThePricer employees acting in their official capacities or third parties over whom ThePricer exercises editorial control. YOU UNDERSTAND AND ACKNOWLEDGE THAT ThePricer DOES NOT MONITOR UNEDITED CONTENT FOR ACCURACY OR RELIABILITY.
Protection of Content Provided by ThePricer and Its Licensors.
The Site contains trademarks and other material furnished by ThePricer, its licensors, and other users. You should assume that everything You see or read on the Site which was not furnished by or received for You (such as images, photographs, illustrations, text and other materials) (“Site Content”) is copyrighted unless otherwise noted.
You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of ThePricer or the rights holder.
You may not use the Site Content on any other web site or in a networked computer environment for any purpose. In order to protect ThePricer’s and its Licensor’s trade secrets, You agree that You will not “reverse engineer” any Site Content, unless specifically authorized by the trade secret owner or otherwise permitted by law.
If You violate any of these terms, Your permission to use the Site Content will automatically terminate, You must immediately destroy any copies You have made of the Site Content, and we may end Your authorization to use the Site.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service.
You understand that ThePricer.org does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the ThePricer.org site and Content available through the Service may contain links to other websites, which are completely independent of ThePricer.org.
ThePricer.org makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ThePricer.org be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that ThePricer.org
does not pre-screen or approve Content, but that ThePricer.org shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please notify ThePricer.org’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
4 Grove Street
New York, NY 10014
Please provide our Agent with the following Notice:
a) Identify the material on the ThePricer.org site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
5. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a ThePricer.org employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person without that person’s explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the ThePricer.org sites which are not designated for such purposes.
j) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
m) collect personal data about other users for commercial or unlawful
n) post irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
o) post the information in more than one category or
p) attempt to gain unauthorized access to ThePricer.org’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ThePricer.org website; or
q) use any form of automated device or computer program that enables the submission of postings on ThePricer.org without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to ThePricer.org email addresses or through ThePricer.org computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California.
Any unauthorized use of ThePricer.org computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. LIMITATIONS ON SERVICE
You acknowledge that ThePricer.org may establish limits concerning use of the Service, the maximum size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that ThePricer.org has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
You acknowledge that ThePricer.org reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ThePricer.org shall not be liable to you or to any third party for any modification,suspension or discontinuance of the Service.
9. ACCESS TO THE SERVICE
ThePricer.org grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ThePricer.org.
A limited exception is provided to general-purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
ThePricer.org permits you to display on your website, or create a hyperlink on your website to, individual pages on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).
If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by ThePricer.org to do so. You may also create a hyperlink to the home page of ThePricer.org sites so long as the link does not portray ThePricer.org, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by ThePricer.org immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ThePricer.org.
10. TERMINATION OF SERVICE
You agree that ThePricer.org, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ThePricer.org believes that you have acted inconsistently with the letter or spirit of the Terms.
Further, you agree that ThePricer.org shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.
11. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions.
Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ThePricer.org.
You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ThePricer.org, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although ThePricer.org does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ThePricer.org an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you automatically grant ThePricer.org all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
12. ERRORS AND DISCLAIMER OF WARRANTIES
We and our content suppliers (“Content Providers”) endeavor to provide a convenient, accurate and functional Site. All of the information contained on the Site is obtained from sources that we believe are accurate and reliable. However, the Content Providers do not guarantee that the information provided will be sufficient or appropriate for every individual or situation. Consequently, YOU USE THE SITE AT YOUR OWN RISK. THE INFORMATION PROVIDED MAY NOT BE ACCURATE, WORK FOR YOUR PARTICULAR SITUATION BE SUITABLE OR APPROPRIATE FOR YOU. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION THAT WE PROVIDE.
While we make every effort to provide a sterile server environment, we also do not guarantee that the Site will be error free or that it or the servers that operate it are free of viruses or other harmful components. We urge You to keep backup copies of material, if any, that You maintain on or use with the Site. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.
Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
THEPRICER.ORG ALSO MAKES NO WARRANTY THAT THE SITE WILL MEET USER’S REQUIREMENTS NOR DOES THEPRICER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE. THEPRICER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THEPRICER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THEPRICER.ORG BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THEPRICER.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE THEPRICER.ORG SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE THEPRICER.ORG SITE OR THE SERVICE, FROM INABILITY TO USE THE THEPRICER.ORG SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE THEPRICER.ORG SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THEPRICER.ORG SITE OR THE SERVICE OR ANY LINKS ON THE THEPRICER.ORG SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THEPRICER.ORG SITE
OR THE SERVICE OR ANY LINKS ON THE THEPRICER.ORG SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold ThePricer.org, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. GENERAL INFORMATION
The Terms constitute the entire agreement between you and ThePricer.org and govern your use of the Service, superceding any prior agreements between you and ThePricer.org. The Terms and the relationship between you and ThePricer.org shall be governed by the laws of the State of California without regard to its conflict of law provisions.
You and ThePricer.org agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of ThePricer.org to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to:
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.
If it becomes necessary for ThePricer.org to pursue legal action to enforce these Terms, you will be liable to pay ThePricer.org’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, ThePricer.org retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.