Please read the following Terms of Service (Including the Legal Disclaimer, Liability Limitations and other provisions below) carefully before using this web site or using our other services. By using our Web site or other services, you agree to these Terms of Service. If you do not agree to the terms listed, you may not use our Web site or other services. We reserve the right, at any time, to modify, alter, or update the Terms of Service, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web site.
Significance and Validity of Ratings
Customer ratings reflect the aggregated responses of actual customers surveyed at the point-of-sale for each online merchant. As such, these ratings are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.
Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, but in no event does any such payment affect the merchant rating given to any merchant by participating online shoppers. These ratings are solely based on Customer Surveys regarding the merchant or product that they purchased as a result of PriceShaker.com's service.
Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant ratings.
Consumer Reviews
The consumer reviews on our site are comments received from actual customers surveyed at the point-of-sale for each online merchant, as well as customers who have elected to post a review on our site. As such, these reviews are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.
Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, but in no event does any such payment affect the reviews given to any merchant by participating online shoppers. These ratings are solely based on Customer Surveys regarding the merchant or product that they purchased as a result of PriceShaker.com's service.
Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant reviews. Furthermore, users agree not to post any review that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content for a general shopping audience. By posting a review, the poster thereby represents that the review is based upon an actual online shopping experience with the merchant being reviewed and irrevocably assigns all copyright and other intellectual property rights in the review to PriceShaker.com. PriceShaker.com may publish the review in its discretion and reserves the right to remove or alter the content of any review deemed offensive or in violation of PriceShaker.com's policies.
Legal Disclaimer
PriceShaker.com shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on PriceShaker.com, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on PriceShaker.com. The information, services, products, and materials contained in this Web site or available through our other services, including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis. To the maximum extent permitted by law, PriceShaker.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. Some states may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.
In addition, since PriceShaker.com cannot verify all information provided by online merchants and other third parties, and any errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, PriceShaker.com does not represent or warrant that the information accessible via our Web site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our Web site or through our other services. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice. PriceShaker.com SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH PriceShaker.com'S SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our Web site or other services.
Liability Limitations
In no event shall PriceShaker.com or its affiliates be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Web site or through our other services. You and we agree that this is a fair allocation of risk based upon the manner and cost by which PriceShaker.com's services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Some states may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Third-Party Sites
Our Web site, surveys, or other services may include links to other sites on the Internet that are owned and operated by online merchants, survey incentive vendors, and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor. This indicates that the content resides on the third party's servers and your use of those services is governed by that company's privacy policies and terms of use, which you can access at the bottom of each page in those areas. We recommend that you always review their privacy policies and terms of use before you complete any transaction with them. These Terms of Service also apply as between you and PriceShaker.com with respect to your use of those third-party services accessed through our site.
Dispute Resolution
We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. Please note, however, that PriceShaker.com is not liable in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Web site or through our other services.
Other Terms
Our Web site and other services are operated and provided in the State of New York, USA. As such, we are subject to the laws of the State of New York, and such laws will govern these Terms of Service, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site or other services, you agree to do so subject to the internal laws of the State of New York. You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. We do not guarantee continuous, uninterrupted or secure access to our Web site or other services, and operation of our Web site or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. These are the Terms of Service between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of the Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a Priceshaker.com Member or participation in any other program or service offered by Priceshaker.com. You agree that by accepting these Terms of Service, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy. |
