Price Advice

PriceAdvice Inc. is a web-based service that allows subscribers to manage, communicate, research, discover, and connect with others based on items that they value. The services offered by PriceAdvice Inc. ("PriceAdvice Inc." or "we") include the PriceAdvice Inc. website (the "PriceAdvice Website"), the PriceAdvice Inc. valuation services, and any other features, content, or applications offered from time to time by PriceAdvice Inc. in connection with the PriceAdvice Website (collectively, the "PriceAdvice Services"). The PriceAdvice Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the PriceAdvice Services. By using the PriceAdvice Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the PriceAdvice Website) or you are a "Subscriber" (which means that you have registered with PriceAdvice Inc.). The term "User" refers to a Visitor or a Subscriber. You are only authorized to use the PriceAdvice Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the PriceAdvice Website and discontinue use of the PriceAdvice Services immediately. If you wish to become a Subscriber, communicate with other Subscribers and make use of the PriceAdvice Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes PriceAdvice Inc.'s policy for acceptable use of the PriceAdvice Services and Content (as defined below) posted on the PriceAdvice Website, your rights, obligations and restrictions regarding your use of the PriceAdvice Services and PriceAdvice Inc.'s Privacy Policy. In order to participate in certain PriceAdvice Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the PriceAdvice Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at:info@PriceAdvice.com and reference the Terms of Use Agreement.

PriceAdvice Inc. may modify this Agreement from time to time and such modification shall be effective upon posting by PriceAdvice Inc. on the PriceAdvice Website. You agree to be bound to any changes to this Agreement when you use the PriceAdvice Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on PriceAdvice.com and that you provide to other Users. Your PriceAdvice.com postings may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other PriceAdvice.com Subscribers (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and PriceAdvice.com expressly disclaims any responsibility or liability for this material. If you become aware of misuse of the PriceAdvice Services by any person, please contact PriceAdvice at Info@PriceAdvice.com and reference Service Abuse in the subject line.

PriceAdvice Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the PriceAdvice Services at any time, for any or no reason, with or without prior notice, and without liability of any kind.

Eligibility

Use of and Subscribership in the PriceAdvice Services is void where prohibited. By using the PriceAdvice Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the PriceAdvice Services does not violate any applicable law or regulation. Your profile may be deleted and your Subscribership may be terminated at any time without warning and in our sole discretion, if we believe that you are under 13 years of age.

Term

This Agreement shall remain in full force and effect while you use the PriceAdvice Services or are a Subscriber. You may terminate your Subscribership at any time, for any reason, by following the instructions on the Subscriber's Account Settings page. PriceAdvice Inc. may terminate your Subscribership at any time, without warning. Even after Subscribership is terminated, this Agreement will remain in effect.

Fees

You acknowledge that PriceAdvice Inc. reserves the right to charge for the PriceAdvice Services and to change its fees from time to time in its discretion. If PriceAdvice Inc. terminates your Subscribership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Password

When you sign up to become a Subscriber, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Subscriber at any time or to disclose your password to any third party. You agree to notify PriceAdvice Inc. immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Subscribers

The PriceAdvice Services are for the personal use of Subscribers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PriceAdvice Inc.. Illegal and/or unauthorized use of the PriceAdvice Services, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PriceAdvice Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Subscriber profiles without notice and may result in termination of Subscribership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the PriceAdvice Services.

Personal Use of Information Only

You may make personal use of all of the information ("Information") you access or receive on or through the PriceAdvice Website and Services, but you may not take any of the Information and reformat and display it, or copy it on your or any other Web site, and you may not store or migrate any of the Information or other data from PriceAdvice without PriceAdvice's written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy of particular item values and prices and, subject to the disclaimers set forth elsewhere in this Agreement, use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on or through the PriceAdvice Website and Services. If you want to make commercial use of the Information, you must enter into an agreement with us to do so in advance of such use.

Proprietary Rights in Content on PriceAdvice.com

PriceAdvice Inc. does not claim any ownership rights in the text, files, images, photos, video, sounds, links, works of authorship, or any other materials (collectively, "Content") that you post to the PriceAdvice Services. After posting your Content to the PriceAdvice Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the PriceAdvice Services, you hereby grant to PriceAdvice Inc. a non-exclusive, fully-paid, royalty-free, fully sublicensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content (in whole or in part) solely on and through the PriceAdvice Services. You also permit any User to access, display, view, store and reproduce such content for personal use.

Without this license, PriceAdvice Inc. would be unable to provide the PriceAdvice Services. For example, without the right to modify Subscriber Content, PriceAdvice Inc. would not be able to digitally compress uploaded files that Subscribers submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Subscriber Content, PriceAdvice Inc. could not allow Users to access files posted by Subscribers. The license you grant to PriceAdvice Inc. is non-exclusive (meaning you are free to license your Content to anyone else in addition to PriceAdvice Inc.), fully-paid and royalty-free (meaning that PriceAdvice Inc. is not required to pay you for the use on the PriceAdvice Services of the Content that you post), sublicensable (so that PriceAdvice Inc. is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the PriceAdvice Services), and worldwide (because the Internet and the PriceAdvice Services are global in reach). This license will terminate at the time you remove your Content from the PriceAdvice Services. The license does not grant PriceAdvice Inc. the right to sell your Content, nor does the license grant PriceAdvice Inc. the right to distribute your Content outside of the PriceAdvice Services.

You represent and warrant that: (i) you own the Content posted by you on or through the PriceAdvice Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PriceAdvice Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you to or through the PriceAdvice Services.

The PriceAdvice Services contain Content of PriceAdvice Inc. ("PriceAdvice Inc. Content"), which includes, but is not limited to, the Information. PriceAdvice Inc. Content is protected by copyright, trademark, patent, trade secret and other laws, and PriceAdvice Inc. owns and retains all rights in the PriceAdvice Inc. Content and the PriceAdvice Services. Subject to the disclaimers and other terms and conditions of this Agreement, PriceAdvice Inc. hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the PriceAdvice Inc. Content (excluding any software code) solely for your personal use in connection with viewing the PriceAdvice Website and using the PriceAdvice Services. PriceAdvice Inc. does not grant you any licenses, express or implied, to the intellectual property of PriceAdvice Inc. or its licensors except as expressly stated in this Agreement.

The PriceAdvice Services contain Content of Users and other PriceAdvice Inc. licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PriceAdvice Services.

Use Restrictions

You agree that you will use the PriceAdvice Website and PriceAdvice Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the PriceAdvice Website to upload, transmit or otherwise distribute any content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by PriceAdvice Inc.; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the PriceAdvice Website; or (iv) use the PriceAdvice Website for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. PriceAdvice Inc. reserves the right, but shall have no obligation, to investigate your use of the PriceAdvice Website in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Content Posted

PriceAdvice Inc. may delete any Content that in the sole judgment of PriceAdvice Inc. violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. PriceAdvice Inc. assumes no responsibility for monitoring the PriceAdvice Services for inappropriate Content or conduct. If at any time PriceAdvice Inc. chooses, in its sole discretion, to monitor the PriceAdvice Services, PriceAdvice Inc. nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the PriceAdvice Services, any material or information that you transmit to other Subscribers, and for your interactions with other Users. PriceAdvice Inc. does not endorse and has no control over the Content. Content is not necessarily reviewed by PriceAdvice Inc. prior to posting and does not necessarily reflect the opinions or policies of PriceAdvice Inc. PriceAdvice Inc. makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users or that is transmitted by other Users to you.

Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the PriceAdvice Services. PriceAdvice Inc. reserves the right to investigate and take appropriate legal action against anyone who, in PriceAdvice Inc.'s sole discretion, violates this provision, including without limitation, removing the offending communication from the PriceAdvice Services and terminating the Subscribership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PriceAdvice Inc.: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, video, photos or links to pirated files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent.

The following is a partial list of the kind of activity that is illegal or prohibited on the PriceAdvice Website and through your use of the PriceAdvice Services. PriceAdvice Inc. reserves the right to investigate and take appropriate legal action against anyone who, in PriceAdvice Inc.'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Subscriber to buy or sell any products or services through the PriceAdvice Services. You may not transmit any chain letters or junk email to other Subscribers. It is also a violation of these rules to use any information obtained from the PriceAdvice Services in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. In order to protect our Subscribers from such advertising or solicitation, PriceAdvice Inc. reserves the right to restrict the number of emails which a Subscriber may send to other Subscribers in any 24-hour period to a number which PriceAdvice Inc. deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the PriceAdvice Services, you acknowledge that you will have caused substantial harm to PriceAdvice Inc., but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PriceAdvice Inc. $50 for each such unsolicited email or other unsolicited communication you send through the PriceAdvice Services; covering or obscuring the banner advertisements on your personal profile page, or any PriceAdvice Inc. page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the PriceAdvice Services or the networks or services connected to the PriceAdvice Services; attempting to impersonate another Subscriber or person; using the account, username, or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the PriceAdvice Services in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the PriceAdvice Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or using the PriceAdvice Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of PriceAdvice Inc. to terminate Subscribership privileges of any Subscriber who repeatedly infringes the copyright rights of others upon receipt of prompt notification to PriceAdvice Inc. by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the PriceAdvice Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the PriceAdvice Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send any notices of suspected Copyright Infringement issues to Info@PriceAdvice.com and reference Copyright Issues in the subject line.

Subscriber Disputes

You are solely responsible for your interactions with other PriceAdvice Inc. Subscribers. PriceAdvice Inc. reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.

Privacy

Use of the PriceAdvice Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

PriceAdvice Inc. is not responsible for any incorrect or inaccurate Content posted on the PriceAdvice Website or in connection with the PriceAdvice Services, whether caused by Users of the PriceAdvice Services or by any of the equipment or programming associated with or utilized in the PriceAdvice Services. Profiles created and posted by Subscribers on the PriceAdvice Website may contain links to other websites.

PriceAdvice Inc. is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PriceAdvice Inc. Inclusion of any linked website on the PriceAdvice Services does not imply approval or endorsement of the linked website by PriceAdvice Inc. When you access these third-party sites, you do so at your own risk.

PriceAdvice Inc. takes no responsibility for third party advertisements which are posted on this PriceAdvice Website or through the PriceAdvice Services, nor does it take any responsibility for the goods or services provided by its advertisers. PriceAdvice Inc. is not responsible for the conduct, whether online or offline, of any User of the PriceAdvice Services.

PriceAdvice Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Subscriber communication. PriceAdvice Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the PriceAdvice Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PriceAdvice Services.

Under no circumstances shall PriceAdvice Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the PriceAdvice Services, attendance at a PriceAdvice Inc. event, from any Content posted on or through the PriceAdvice Services, or from the conduct of any Users of the PriceAdvice Services, whether online or offline. The PriceAdvice Services are provided "AS-IS" and as available and PriceAdvice Inc. expressly disclaims any warranty of MERCHANTABILITY, fitness for a particular purpose, NON-INTERFERENCE or non-infringement. PriceAdvice Inc. cannot guarantee and does not promise any specific results from use of the PriceAdvice Services.

Additionally, you expressly understand and agree that:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. PriceAdvice.COM PROVIDES THE SERVICE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PriceAdvice.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. PriceAdvice.COM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS WILL BE CORRECTED.
3. ALL MATERIAL AND INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESSING OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PriceAdvice.COM OR ITS AFFILIATES OR PARTNERS THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY WHATSOEVER.
5. WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMERS SET FORTH IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT VALUATION INFORMATION THAT MAY BE PROVIDED OR AVAILABLE THROUGH THE PriceAdvice SERVICES IS PROVIDED *AS IS*, THAT THE VALUATION INFORMATION FOR A PARTICULAR ITEM MAY NOT REFLECT THE TRUE CURRENT MARKET VALUE OF SUCH ITEM, AND THAT PriceAdvice INC. AND ITS LICENSORS ASSUME NO RESPONSBILITY FOR THE ACCURACY OF ITEM VALUES NOR FOR ERRORS OR OMISSIONS RELATED THERETO. MOREOVER, YOU ACKNOWLEDGE THAT ITEM VALUATIONS ARE OPINIONS AND MAY VARY FROM ITEM TO ITEM AND THAT ACTUAL VALUATIONS ARE BASED UPON CURRENT AVAILABLE INFORMATION AND ANALYSIS OF MARKET CONDITIONS AND WILL VARY DEPENDING ON SPECIFICATIONS, ITEM CONDITION OR OTHER PARTICULAR CIRCUMSTANCES PERTINENT TO A PARTICULAR ITEM OR TO THE PARTIES TO THE TRANSACTION. VALUATION INFORMATION IS BASED ON NUMEROUS FACTORS AND VARIABLES, SUCH AS ITEM DESCRIPTIONS AND MARKET CONDITIONS AT THE TIME SUCH INFORMATION IS COLLECTED, THAT PriceAdvice AND ITS LICENSORS HAVE NO CONTROL OVER AND THAT, ACCORDINGLY, TWO ITEMS WITH SIMILAR OR IDENTICAL WRITTEN DESCRIPTIONS MAY HAVE SIGNIFICANTLY DIFFERENT ACTUAL MARKET VALUES. VALUATION INFORMATION IS NOT AN ?APPRAISAL? ON WHICH YOU OR THIRD PARTIES MAY RELY.

ITEM VALUATIONS ARE OPINIONS AND MAY VARY FROM ITEM TO ITEM. ACTUAL VALUATIONS ARE BASED UPON CURRENT AVAILABLE INFORMATION AND ANALYSIS OF MARKET CONDITIONS, AND WILL VARY DEPENDING ON SPECIFICATIONS, ITEM CONDITION OR OTHER PARTICULAR CIRCUMSTANCES PERTINENT TO A PARTICULAR ITEM OR THE TRANSACTION OR THE PARTIES TO THE TRANSACTION. PriceAdvice.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF ITEM VALUES AND NO RESPONSIBILITY FOR ERRORS OR OMISSIONS.

Limitation on Liability

IN NO EVENT SHALL PriceAdvice INC. OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PriceAdvice INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PriceAdvice INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PriceAdvice INC. FOR THE PriceAdvice SERVICES DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls

Software available in connection with the PriceAdvice Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the PriceAdvice Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

eBay™ Data

The PriceAdvice Website and Services use eBay data in accordance with terms and conditions of license agreements between PriceAdvice Inc. and eBay (*eBay Agreements?). Your use of eBay data as provided by or through the PriceAdvice Website and Services is limited strictly for the purposes of using the PriceAdvice Website and Services and other use of eBay data or the PriceAdvice Website or information derived from the PriceAdvice Website (such as other user information) or Services constitutes a breach of this Agreement and our Privacy Policy. In order to address any unauthorized use of eBay data and to enforce its rights under eBay Agreements, you acknowledge and agree that eBay is a third party beneficiary of this Agreement and our Privacy Policy and shall have the right to enforce this Agreement and our Privacy Policy in full force and effect as if PriceAdvice was enforcing this Agreement or our Privacy Policy including any unauthorized use of confidential information or other user information and to the extent necessary enforce PriceAdvice's obligations pursuant to eBay Agreements.

Disputes

If there is any dispute about or involving the PriceAdvice Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Austin. Either PriceAdvice Inc. or you may demand that any dispute between PriceAdvice Inc. and you about or involving the PriceAdvice Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, Texas, USA, provided that the foregoing shall not prevent PriceAdvice Inc. from seeking injunctive relief in a court of competent jurisdiction. In the event that eBay exercises any third party beneficiary rights as set out in the Section immediately above, any such disputes shall be governed by the laws of the State of California and you expressly consent to the forum, jurisdiction and venue of the courts of the state of California or any other jurisdiction or courts as may be determined by eBay.

Indemnity

You agree to indemnify and hold PriceAdvice Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PriceAdvice Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the PriceAdvice Website or through the PriceAdvice Services causes PriceAdvice Inc. to be liable to another.

Other

This Agreement is accepted by you upon your use of the PriceAdvice Website or any of the PriceAdvice Services and is further affirmed by you becoming a Subscriber. This Agreement constitutes the entire agreement between you and PriceAdvice Inc. regarding the use of the PriceAdvice Services. The failure of PriceAdvice Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PriceAdvice Inc. is a trademark of PriceAdvice, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: with any questions regarding this Agreement.

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