Last updated: September 10, 2020
Welcome to Price.com. These Terms of Service (the “Terms”) set forth the terms and conditions that govern your use of our website(s), products, services and applications (collectively, the “Services”) provided by Price Technologies Inc. (“Price.com,” “we,” “us” and “our”).
Any new features or tools which are added to the Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Price.com brings you savings with our comparison shopping tools, coupons, cashback, loyalty points, price alerts and other services. Unlike classic price comparison sites that focus on matching only new products, our technology also enables the matching of new products to, used, refurbished, generic, rental and offline. This enables the comparison options to span hundreds of thousands of merchants to provide full transparency and the most savings to you.
Information regarding the products displayed on Price.com (including price, descriptions, photos, coupons and other information) is provided by third parties. We are not responsible if information made available on this site is accurate, complete or current. Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material provided by Price.com site is at your own risk.
We may provide historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Services at any time, but we have no obligation to update any information.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Price.com makes the Services available in the United States of America and its territories (each, an "Authorized Jurisdiction", and collectively, the "Authorized Jurisdictions"). We may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory. Use of the Services outside of the Authorized Jurisdictions is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. We reserve the right, but are not obligated, to limit use of the Services to any geographic region or jurisdiction. Any offer for any product or service made available through the Services is void where prohibited.
Price.com does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. We have made every effort to display as accurately as possible the colors and images of the products that appear on the Services. We cannot guarantee that your computer monitor's display of any color will be accurate.
Some parts of the Services are supported by sponsored links from advertisers and the display of Price.com offers may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”). If you click on an offer you will be redirected to the partner’s site and your session will be tracked using affiliate cookies.
If there is a dispute between participants of the Service, or between you and any third party, you agree that Price.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Price.com, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: ”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.”
Many Price.com offers are made in the form of cash back (“Price.com Cash”) for completing a certain action such as a transaction on a specific merchant partner’s website (“Cashback Program”). Some offers are designed to rebate to you a portion of an affiliate commission paid by a merchant to us. As such we can only provide Price.com Cash to you when a transaction is successfully completed and tracked and after we are paid by a merchant. If we are not paid by any of our affiliate partners or merchants, then Price.com is under no obligation to provide Price.com Cash to you for the transaction that was not paid for. You must obtain a minimum amount of Price.com Cash in order to obtain any reward. Specific information regarding the Cashback Program is available at https://price.com/cashback. If there are any difficulties in tracking a transaction, including your use of an ad blocker, we may not be able to provide you Price.com Cash. Additionally, you must have a Price.com account in order to participate in the Cashback Program. We partially rely on third party tracking systems and if we cannot confirm a transaction was properly recorded we may be unable to reward you Price.com Cash. In our sole discretion, we may choose to award you Price.com Cash if we can confirm enough information about your transaction. Please note that to prevent abuse your account may become ineligible for the Cashback Program if tracking your transactions becomes an issue.
Periodically Price.com may make you offers to receive Price .com Cash or other consideration for taking actions to promote the Services (collectively “Incentive Programs”). The goal of Incentive Programs is to reward participants. However, to protect ourselves from abuse of Incentive Programs we reserve the right, in our sole discretion, to withhold consideration for any reason at any time with or without any cause. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Incentive Program please contact us.
Price.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Price.com will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
You may direct Price.com to interact with accounts you own maintained online by third-party companies with which you have accounts (“Third Party Accounts”) such as Facebook or Google. Price.com makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Price.com is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Price.com may import information from your Third Party Accounts to help better offer the Services to you. Price.com does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.
Price.com cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Price.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate.If you become aware of any unauthorized use of your Registration Information, you agree to notify Price.com immediately.
You understand that your content may be transferred unencrypted (except credit card information) and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We use third-party payment processor(s) (the “Payment Processor(s)”) to facilitate purchase transactions you make via the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor(s) in addition to these Terms. We are not responsible for errors by the Payment Processor(s). Note that Price.com does not store any of the information regarding your payment, including your credit card number or shipping address(es).
Price.com may from time to time provide automatic alerts and voluntary account-related alerts.Automatic alerts may be sent to you following certain changes made online to your Price.com account, such as a change of your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Price.com may add new alerts or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Price.com login information and some information about your accounts. Anyone with access to your email or mobile device will be able to view the content of these alerts. At any time you may disable future alerts.
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without express written permission by us. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services:
You agree to indemnify, defend and hold harmless Price.com and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third- party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
Price.com may at any time, terminate its legal agreement and cease providing services to you:
The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
These Terms, and your relationship with Price.com under these Terms, will be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Price.com, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement will be resolved exclusively as specified in Section 16, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Price.com may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Price.com is able to offer the Services, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Price.com, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Agreement:
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, go to https://price.com/copyright.
If you have any questions about these Terms of Service contact us at firstname.lastname@example.org.