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Compare PricesSM User Agreement This Compare PricesSM User Agreement was last modified on May 17, 2010. © Compare PricesSM. Compare PricesSM is pleased to provide you with the opportunity to use our Internet web site subject to the terms and condition of this Compare PricesSM User Agreement (“Agreement”). About Compare PricesSM Compare PricesSM is an Internet venue that provides certain services to assist consumers in locating, researching, and comparing products, services, and real estate properties (collectively “products”). Compare PricesSM allows merchants, manufacturers, and other third parties (collectively “merchants”) to present information relating to their products, prices, and shipping fees to customers at Compare PricesS<. Compare PricesSM also allows third-party advertisers to present sponsored advertisements. In addition, Compare PricesSM allows third-party consumer users to submit reviews and ratings of products and merchants and to conduct certain other activities such as creating and maintaining a list of favorite products. Compare PricesSM does not sell, resell, or license any products to site users, nor does Compare PricesSM act as an agent of sale. Compare PricesSM disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaint or claim regarding a product listed on Compare PricesSM should be directed to the relevant third-party merchant. Compare PricesSM Users Agree to be Bound by This Agreement This User Agreement is a legal agreement between you (the “user”) and Compare PricesSM and any related Internet sites (collectively “Compare PricesSM,” “we,” ”or `us”) governing your participation at Compare PricesSM. By visiting, accessing, registering as a member with Compare PricesSM or otherwise using Compare PricesSM (collectively “using”), you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions of this Agreement, you may not use Compare PricesSM. This Agreement, including all terms, conditions, and policies incorporated by reference, constitutes the entire agreement between you and Compare PricesSM, governs your use of Compare PricesSM, and supersedes any prior agreement that we may have had with you, subject only to modification in writing by Compare PricesSM. Compare PricesSM can amend this Agreement at its sole discretion either by posting the amended terms at this location, posting them at another relevant location, or by emailing them to you (the user). Any such amendment takes effect immediately upon posting or when sent by Compare PricesSM to you. By continuing to access or use Compare PricesSM after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by Compare PricesSM. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Compare PricesSM. Inaction by Compare PricesSM in a particular circumstance does not constitute a waiver of our right to act in any other circumstance, nor does is grant any user or other third party any right or other benefit. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement by Compare PricesSM will be effective only if in writing and signed by Compare PricesSM. Release of Compare PricesSM From Liability You, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors, assigns, and all similarly related persons), recognize that Compare PricesSM is an “interactive computer service” venue, as defined under 47 U.S.C. § 230 and similar international laws. You recognize that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider,” as stated under 47 U.S.C. § 230 and any similar international laws. As such, you hereby irrevocably, release and discharge Compare PricesSM, our officers, directors, employees, attorneys, predecessors, successors, assigns, agents, and all similarly related persons from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys` fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity related to, concerning, arising out of, or in connection with (collectively “related to”), either directly or indirectly, any use of Compare PricesSM. Such use includes, but is not limited to, your personal use of Compare PricesSM and your interaction with any other user of Compare PricesSM. COMPARE PRICESSM AND ITS USERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RELATED TO YOUR USE OF COMPARE PRICESSM, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE. YOU AGREE THAT YOUR USE OF COMPARE PRICESSM IS DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER LOSS THAT RELATES TO YOUR USE OF COMPARE PRICESSM. IN THE EVENT THAT AN APPLICABLE LAW OR LEGAL DECISION DOES NOT RECOGNIZE THE EXCLUSION OF CERTAIN DAMAGES, THE LIABILITY OF COMPARE PRICESSM AND ANY OTHER RELEVANT THIRD PARTY TO YOU SHALL BE LIMITED TO NOT MORE THAN $100, IN TOTAL, OR TO THE SMALLEST EXTENT PERMITTED BY LAW, WHICHEVER AMOUNT IS LESS. This limitation on such damages shall apply whether or not Compare PricesSM is able to correct any problem or error, and whether or not Compare PricesSM has breached any warranty or obligation, or failure of the essential purpose of any other remedy, it being the intention of the parties to allocate the risk of such damages as provided herein in all circumstances, and you acknowledge that Compare PricesSM would not have entered into this Agreement but for this limitation on such damages. IN NO EVENT SHALL COMPARE PRICESSM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUES, LOSS OF GOODWILL, DEFAMATION OR LOSS OR DAMAGE TO DATA THAT ARISE FROM ANY ASPECT OF YOUR USE OF COMPARE PRICESSM OR ANY BREACH OR ERROR BY COMPARE PRICESSM, WHETEHR OR NOT COMPARE PRICESSM HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. Because we are merely an interactive computer service venue and not a provider of original content, in the event that you have a dispute with one or more users of Compare PricesSM, you, on behalf of yourself and related parties, will resolve any such dispute with the relevant user or users, independent of Compare PricesSM. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of any relevant state, federal, or international law that provides that a general release 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. Indemnification of Compare PricesSM By choosing to use Compare PricesSM, you agree to indemnify, defend and hold harmless Compare PricesSM, its officers, agents, partners, employees, and other similar parties from any and all liability, losses, costs, claims or damage, including, but not limited to, reasonable attorney`s fees, made by third parties relating to your use of Compare PricesSM. Compare PricesSM reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with any such defense of these claims by us. Disclaimer of Warranties by Compare PricesSM COMPARE PRICESSM AND ITS INTERNET SITE ARE PROVIDED `AS IS` AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPARE PRICESSM DISCLAIMS ANY AND ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, OR OTHER REPRESENTATIONS (COLLECTIVELY “WARRANTIES”) RELATING TO THE USE, OPERATION, OR CONTENT APPEARING AT COMPARE PRICESSM INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; QUIET ENJOYMENT; NON-INFRINGEMENT; THAT OUR SITE WILL MEET YOUR COMPUTER SYTEM’S TECHNICAL REQUIREMENTS; THAT OUR SITE WILL BE CONTINUOUSLY AVAILABLE, TIMELY, SECURE, OR ERROR FREE; THAT THE RESULTS OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE; THAT ANY ERRORS WILL BE CORRECTED; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN IN RELATION TO YOUR USE OF COMPARE PRICESSM WILL MEET YOUR EXPECTATIONS. Compare PricesSM may contain hypertext links to third-party Internet sites or other resources. You acknowledge and assume sole responsibility for and assume all risk arising from your use of any such Internet sites or resources. You acknowledge and agree that your use of such third-party sites is subject to the conditions, if any, of those sites. Links to such Internet sites or resources from Compare PricesSM do not imply any warranty by Compare PricesSM or any third-party of such Internet sites or resources or the content, products, or services available from such Internet sites or resources. Compare PricesSM has no control over other third-party Internet sites, and we are not responsible for your use of such third-party sites or any liability, conduct, or other issue arising out of your use of such a third-party site, including, but not limited to, liability for either: (1) the availability or accuracy of such Internet sites or resources or (2) the content, products, or services on or available from such Internet sites or resources. Your interaction, correspondence with, or participation in promotions of any merchant, manufacturer, or other third party featured on Compare PricesSM including, but not limited to, payment and delivery of related goods or service, and any other terms, conditions, or warranties associated with such dealings, are solely between you and such third party. Content appearing on Compare PricesSM provided by third-party merchants, third-party advertisers, and third-party consumer users is for informational purposes only and does not constitute a warranty by Compare PricesSM regarding any merchant, advertiser, user, other third party, or product. Compare PricesSM does not warranty that product descriptions, pricing, editorial commentary or any other content appearing on Compare PricesSM, regardless of its source, is accurate, complete, reliable, current, or error-free. Reviews and ratings of products and merchants appearing on Compare PricesSM are provided by independent, third-party members (see Member Registration below) who have elected to publish such information. These reviews and ratings may be informative for those users that choose to consult them. But they do not constitute a warranty of any level of performance by Compare PricesSM or any merchant, advertiser, user, or other third party. Compare PricesSM assumes no liability for inaccuracy or incompleteness in search results, advertisements, user ratings or reviews (e.g. ratings or reviews of products or merchants), or other content appearing on Compare PricesSM. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. If you have any question regarding such content, you should direct it toward the relevant third-party merchant or consumer user. In general, sales taxes and shipping costs are estimated. Please verify exact sales taxes, shipping costs, and similar fees with the relevant merchant, manufacturer, or other third party. Participating merchants may pay Compare PricesSM to be listed on Compare PricesSM or to have their product or service offerings placed higher in our search results, and may also purchase or otherwise be provided with research from Compare PricesSM. But in no event do such payments affect the reviews or ratings given to any product or merchant by participating members. Participating advertisers may pay Compare PricesSM to list an advertisement, and also may purchase or otherwise be provided with research from Compare PricesSM. But in no event do such payments affect the reviews or ratings given to any product or merchant by participating members. Third-Party Internet Sites and Products
Compare PricesSM does not sell, resell, or license any of the products for which related information is published on our Internet site. We disclaim any responsibility for or liability related to any such product (see Disclaimer of Warranties by Compare PricesSM above). Your interaction, correspondence, or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third-party. You agree that Compare PricesSM will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with any third party. Any questions, complaints, or claims related to any product or service should be directed to the appropriate third party. Member Registration A non-merchant user may register to become a `Member` at Compare PricesSM, which may at its sole discretion grant you certain benefits, such as allowing you to submit product reviews to Compare PricesSM. By registering to become a Member you recognize that Compare PricesSM is an “interactive computer service” venue, as defined under 47 U.S.C. § 230 and similar international laws. You recognize that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider,” as stated under 47 U.S.C. § 230 and any similar international laws. You agree to be solely responsible and liable for any content that you publish on Compare PricesSM. (See Release of Compare PricesSM From Liability above). You agree to be bound by the Content and Conduct Guidelines of this Agreement (see below). Such benefits may be refused, modified or revoked at any time at the sole discretion of Compare PricesSM You agree as a condition of registration that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available on Compare PricesSM. You are responsible for safeguarding the password that you use to access any secure areas of Compare PricesSM. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify Compare PricesSM of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your account at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. You may not use anyone else`s account or password. You agree that it is your sole responsibility to monitor to your Member account. You recognize that Compare PricesSM does not generally monitor the accounts of individual Members, except to investigate issues relating to the operation, maintenance, and protection of Compare PricesSM, its users, merchants, advertisers, and other relevant third-parties. Compare PricesSM, however, reserves the right to contact you or to monitor or investigate your Member account upon reasonable belief that such account is being used in a manner contrary to the purposes of Compare PricesSM. Termination of Registration You may cancel your registration at any time by contacting Members at ComparePricesOnline.com ATTN: Cancel Registration. Compare PricesSM may, at its sole discretion and without prior notice, terminate your account and remove or modify any content provided by you if you do not access your account for more than three calendar months. Compare PricesSM may also, at its sole discretion and without prior notice, terminate your account or otherwise refuse or limit service to you, at any other time and for any reason including, but not limited to, a violation of the Content and Conduct Guidelines or other provisions of this Agreement. Privacy Statement -- Information That Compare PricesSM May Collect Compare PricesSM respects your privacy and we want you to be confident in using our site. This Privacy Statement is designed to inform you of the types of information we collect from users and how we use that information. This Privacy Statement applies only to Compare PricesSM. It does not apply to any other Internet site, including any Internet site that is linked to or from Compare PricesSM or any third-party merchant, advertiser, or member that publishes content at Compare PricesSM. This Privacy Statement is effective as of the date posted. This Statement supersedes all prior such Privacy Statements. Compare PricesSM reserves the right to revise this Privacy Statement at any time in the future at our discretion. If we decide to revise this Privacy Statement, we will post such changes at this location and other places that we deem appropriate. Privacy Statement -- Information Acquired Automatically and Through General Use of Compare PricesSM Generally, it is possible to use Compare PricesSM without providing to us any personally identifiable information. However, by visiting an Internet site such as Compare PricesSM certain general, non-personally identifiable information is automatically generated by you and collected by us in order to facilitate your use of Compare PricesSM. This information may include: your Internet Protocol (“IP”) address; Internet service provider (“ISP”); your geographic location; Internet browser type; certain other information relating to your computer platform; the date, time, and length of your visit; the Compare PricesSM Internet pages that you visit; and Internet sites from which you arrive and to which you exit via Compare PricesSM. Your Internet Protocol address and its associated geographic location may be used to generate an estimated shipping cost for products that a user researches. Compare PricesSM may compile such general, non-personally identifiable information in order to monitor, maintain, and improve the operation, marketing, or promotion of this Internet site. Compare PricesSM may also aggregate such general, non-personally identifiable information in order to produce research reports and other information and data (“research reports”) relating to the use of Compare PricesSM. Such information and data are based on aggregated, anonymous information about Compare PricesSM users and does not include any personally identifiable information about individuals. Such research reports may be sold to third-parties including, but not limited to, merchants, advertisers, and marketers. Compare PricesSM may also share such information and reports in order to document or explain to third parties the operation and use of our Internet site. Privacy Statement -- Information Specifically Submitted by You to Compare PricesSM In order to register and login as a Compare PricesSM Member you must submit a Member ID and password. To protect your privacy Compare PricesSM recommends that you not use an ID or password that contains personal identifying information. To protect your own privacy you should not use a name or password like: `MyName` or `JohnSmith.` You should not use a name or password that is the same as, or similar to, an email address that you use. Instead, you should choose a user name or password without identifying information like: `SmartShopper` or `LovesToShop.” Your ID and password can be strengthened against hacking by adding to, it in addition to letters, both numbers (1, 2, 3, etc.) and other symbols (!, @, #, etc.). Generally, Compare PricesSM does not share your ID, password, or other personally identifiable user profile information with any third party without your consent (subject to our Assistance to Law Enforcement Officials, Courts, and Other Relevant Third Parties section below). A registered Compare PricesSM Member can review and edit his or her profile information by using the relevant login feature. Compare PricesSM tries to implement changes to our databases in a timely manner. However, not all databases may be updated immediately, and some old data may remain in our archives and records. If your account or membership is terminated or otherwise limited we may maintain some data to prevent re-registration. In some circumstances, we will retain information that you have requested us to delete in order to maintain, improve, or protect the operation of Compare PricesSM. In some circumstances, such prior information may never be completely removed from our databases due to technical or legal constraints or to protect Compare PricesSM. If you use your Compare PricesSM Member account to publish any rating or review of a product or merchant that information will be publicly available at Compare PricesSM. If you use your Compare PricesSM Member account to provide a product or merchant review your username will be listed alongside the relevant review. Although you are solely responsible for all content that you submit to and publish at Compare PricesSM, we may monitor such content to determine if it is inappropriate under our Content and Conduct Guidelines (see below). We may remove any content that violates the Content and Conduct Guidelines. Compare PricesSM may re-print, excerpt, or share any rating of a product or merchant with any third party (see Content and Conduct Guidelines below). In order to use the “E-Mail this Product to a Friend” or “Tell a Friend About This Page” function you must specify your e-mail address as the sender and the e-mail recipient’s address. Compare PricesSM, however, does not collect or maintain this information. In order to use the “Price Alert” function you must specify your e-mail address as the recipient of the price alert. Compare PricesSM, however, does not collect or maintain this information. Privacy Statement -- Third Party Advertisers Third parties that place advertisements on the Compare PricesSM site may be placing and reading cookies on users` browsers, or using web beacons to collect information as a result of ad serving on the Compare PricesSM web site. Privacy Statement -- Disclosure of Information to Assist Law Enforcement Officials, Courts, and Other Relevant Third Parties Compare PricesSM cooperates with law enforcement officials, courts, and other relevant third-parties to assist the enforcement of all applicable laws including, but not limited to, laws relating to intellectual property rights, fraud, and harassment. We may disclose any information automatically acquired from you or specifically submitted by you when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, or to comply with legal process served on Compare PricesSM. Compare PricesSM may provide to law enforcement officials, courts, and other relevant third parties any information automatically acquired from you or specifically submitted by you in order to assist the enforcement of applicable laws or to investigate a case of actual or potential illegal activity or other conduct contrary to the purpose of Compare PricesSM including, but not limited to, or to protect the property or interests of Compare PricesSM, its agents and employees, or the public. Under such circumstances, Compare PricesSM may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Compare PricesSM reserves the right not to provide such notice in its sole discretion. Privacy Statement -- Other Use of Collected Information by Compare PricesSM Compare PricesSM may share data with any parent company, subsidiaries, joint ventures, and other companies under common control or acquisition. As our business evolves, Compare PricesSM may sell, transfer, or otherwise share some or all of its assets in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In such an event, personal and anonymous information may be one of the assets transferred. If you contact Compare PricesSM directly by using one of our E-Mail addresses or our Contact Us form, we may collect and maintain that information in a file specific to you. We may use such information to contact you in response to your email. We may also share such information with any third-party to the extent reasonably necessary to respond to your e-mail. Privacy Statement -- Compare PricesSM Security Measures Compare PricesSM takes reasonable security measures to prevent theft, hacking, or other misuse of information related to Compare PricesSM. But as computer technologies continue to evolve, information contained on Internet sites, such as Compare PricesSM, may be vulnerable to hacking or other misuse by malicious persons, despite reasonable efforts to prevent such misuse. Therefore, you should not provide Compare PricesSM with any personally identifiable or confidential information that could cause you to suffer any loss. Content and Conduct Guidelines By publishing any content on Compare PricesSM, you agree that such content is subject to the terms and purposes of this Agreement. You warrant that you are the legal owner of the intellectual property rights thereto, and you grant Compare PricesSM a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all `moral rights` that you may have in those materials have been voluntarily waived by you. Compare PricesSM may at its sole discretion reproduce, publish and distribute all or portions of your content online and offline and permit others to do the same. You may edit or remove your content from Compare PricesSM at any time. But if Compare PricesSM has reproduced and/or distributed your submitted content to another party, we are under no obligation to edit, remove, or otherwise discontinue use of your submitted content. No content provided by you shall be subject to any obligation of privacy or confidence on the part of Compare PricesSM, its agents, subsidiaries, affiliates, partners, or their respective directors, officers and/or employees or similar persons, or any other third-party. You may continue using any information, text, graphics, or other materials that you have submitted to Compare PricesSM, recognizing that by submitting content to Compare PricesSM for publication, you have granted Compare PricesSM the rights specified herein. You agree that you shall not publish any content: · that is known by you to be false, inaccurate, deceptive, or misleading, including, but not limited to, any content that is unfair or deceptive under Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, and similar state and international laws; · that violates any federal, state, or international law, statute, ordinance or regulation, including, but not limited to, those governing intellectual property, export control, protection, unfair competition, anti-discrimination, false advertising, or obscenity; · that is related to any product that is illegal to sell or possess or is otherwise controlled by law such that it would be illegal to publish related content at a venue such as Compare PricesSM; · that infringes any third party`s copyright, patent, trademark, trade secret or other intellectual property rights, proprietary rights, rights of publicity or privacy, or any other rights; · that is, or may reasonably be considered to be, defamatory, libelous, or hateful or offensive; · that is, or may reasonably be considered to be, sexually, racially, religiously, or otherwise prejudiced hateful, or offensive; · that is, or may reasonably be considered to be, unlawfully or otherwise threatening or harassing to any individual, partnership, or corporation; · that is, or may reasonably be considered to be, profane, vulgar, or otherwise rude, or coarse; · that is related to the sale or advertisement of tobacco, (cigarettes, smoke-less tobacco, snuff, etc.), beer, hard alcohol (vodka, gin, rum, tequila, etc.), prescription drugs, or pornography; · that includes any reference to another Internet site or an address, email address, phone number, or other contact information; · that includes any contact or personal information about any individual, business, or other entity with or without that individual’s permission; · that contains any computer virus, corrupted file, worm or other computer program or file that may damage or adversely affect the operation of Compare PricesSM or another third-party; · that contains a virus, Trojan horse, worm, time bomb, cancelbot, or other computer program that is intended to or otherwise does damage, interfere with, intercept, or expropriate any data from Compare PricesSM; · that is related to a product or topic that is reasonably likely to offend a person looking for information on that product or topic; · that advertises or offers to sell any product for any purpose other than those specifically approved in writing by Compare PricesSM; · more than once. Member-submitted content may only be published more than once if the content compares two products and there is at least a 100 word difference between the two reviews; · that is related to any product of which a Member is publishing a review, if that Member has an ownership, financial, monetary, or other interest in that product or if that Member was compensated or granted any consideration or other benefit by any third party; or · that is otherwise inconsistent with the purposes of Compare PricesSM You agree that you shall not: · Reproduce, modify, or prepare derivative works based on Compare PricesSM, or distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Compare PricesSM or any other content appearing on Compare PricesSM, except as expressly permitted in this Agreement or specified in writing by Compare PricesSM; · Copy or modify the HTML code used to generate Internet pages on Compare PricesSM; · Use Compare PricesSM or any content appearing on Compare PricesSM in connection with any other Internet site, for any purpose, other than those specifically approved in writing by Compare PricesSM; · Modify the technology used to operate Compare PricesSM in any manner or form or use modified versions of such technology for any illegal or otherwise mischievous purpose, including, but not limited to, obtaining unauthorized access to our site or interfering with the operations of Compare PricesSM; · Attempt or seek to gain access to Compare PricesSM’s internal operations, including, but not limited to, its proprietary content; · Create more than one Member account, unless expressly authorized in writing by Compare PricesSM to do so; · Re-establish a Member account after your account has been terminated; · Select or use a user ID that violates someone else’s intellectual property rights or otherwise violates the provisions of our Content and Conduct Guidelines; · Access or monitor Compare PricesSM by any means other than through the standard Internet user interface provided by Compare PricesSM ; · Use any computer tracking technology in relation to Compare PricesSM; · Collect any personal information about Compare PricesSM users, including, but not limited to, their username or password; · Use any automated means to access, collect any information from, “crawl,” index, or otherwise access or monitor any portion of Compare PricesSM, including, but not limited to, any agent, robot, script, or spider; · Request any search engine to access, collect any information from, crawl, index, or otherwise access or monitor any portion of Compare PricesSM; · Use any computer process that poses a threat to the proper technical operation of Compare PricesSM or to the security of its users or other relevant third-party; · Affect, modify, or otherwise influence the way Compare PricesSM displays its pages, including, but limited to, by framing them or placing pop-up windows over pages; · Use any email address displayed on Compare PricesSM to ask users to join or contribute to another Internet service or service; · Use any email tool (such as the “E-Mail this page” feature) to send multiple, unsolicited emails (e-mail “spam”); · Use Compare PricesSM to transmit any survey, contest, pyramid scheme, unsolicited advertisement, promotional material, or chain letter; · Use Compare PricesSM to advertise or offer to sell any product for any commercial purpose unless you have our written consent to do so; · Share your password with a third party. If a third party becomes aware of your password you will notify Compare PricesSM immediately so that appropriate action can be taken, including, but not limited to, changing your password or disabling or closing your account; · Modify or create any variant versions of the Compare PricesSM Internet site, its logos, trademarks, or other properties; · Impersonate any person or entity, including, but not limited to, a Compare PricesSM representative, or falsely state or otherwise misrepresent your relationship to a person or entity, including, but not limited to, Compare PricesSM; · Speak on behalf of Compare PricesSM or describe yourself as a Compare PricesSM employee or representative; · Forge headers or manipulate identifiers or other data in order to disguise the origin of any content published or our site or to manipulate your presence on out site; · Harass, stalk, abuse, threaten, annoy, or otherwise violate the legal rights of another Compare PricesSM user; · Restrict or inhibit any other user from using and enjoying any public area at the Compare PricesSM site; · Use Compare PricesSM to engage in any activity that is illegal under the laws of Virginia, the United States, or any other applicable law; or · Engage in any activity that otherwise interferes with the operation or use of Compare PricesSM or is inconsistent with its purposes. Compare PricesSM reserves the right, at its sole discretion, to modify, condense, or delete any content submitted by a user for publication at Compare PricesSM for any reason, including, but not limited to, a violation of the Content and Conduct Guidelines of this Agreement. Compare PricesSM reserves the right, at its sole discretion, to limit, suspend, or bar any person from using Compare PricesSM for any reason, including, but not limited to, a violation of the Content and Conduct Guidelines of this Agreement (see above). Compare PricesSM Property Rights Compare PricesSM and its design, including, but not limited to, its Internet domain names, Internet site design, text, graphics, interfaces, and the selection of arrangements thereof is the intellectual property of Compare PricesSM, with all rights reserved. Compare PricesSM copyrights, trademarks, trade dress, and other intellectual property rights may not be used in connection with any product or service that is not provided by Compare PricesSM including, but not limited to, in any matter that is likely to cause confusion among customers or in any manner that disparages or discredits Compare PricesSM. The intellectual property of third-parties that publish content on Compare PricesSM is protected by applicable intellectual property laws. The technology used to operate Compare PricesSM, including, but not limited to, relevant hardware and software, is the property of Compare PricesSM or third parties and is protected by applicable property laws. You agree not to copy, modify, reverse engineer or purport to rent, lease, loan, sell, assign, distribute, grant a security interest in, or otherwise purport to transfer any right to the technology used to operate Compare PricesSM.. A user may download, view, and print a single copy of content appearing on Compare PricesSM, solely for his or her personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All rights, title, and interest in Compare PricesSM shall remain the exclusive property of Compare PricesSM and its licensors. Intellectual Property Disputes Compare PricesSM is merely an “interactive computer service” venue, as defined under 47 U.S.C. § 230 and similar international laws. Compare PricesSM is not a provider of original content. “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider,” as stated under 47 U.S.C. § 230 and any similar international laws. Because we are merely an interactive computer service venue and not a provider of original content, in the event that you have a dispute with one or more users of Compare PricesSM, you, on behalf of yourself and related parties, will resolve any such dispute with the relevant user or users, independent of Compare PricesSM. Because Compare PricesSM is merely an interactive computer service and not a publisher of original content, we are not in a position to arbitrate or mediate disputes between holders or purported holders of copyright, trademark, patent, trade secret, or any other intellectual property rights. Accordingly, Compare PricesSM encourages owners or purported owners of intellectual property rights to resolve their disputes directly with the relevant party. Similarly, Compare PricesSM does not control and assumes no responsibility for any content that appears on a third party`s Internet site that may be accessed via Compare PricesSM. As a courtesy, however, we may be willing to perform a limited investigation of reasonable complaints. If you believe content appearing on Compare PricesSM infringes on your copyright or you believe that copyrighted property is being used improperly directly in connection with Compare PricesSM please provide the following information in a signed letter of notice on company stationary: Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information: 1. An identification of the copyrighted work claimed to have been infringed; 2. An identification of the material that you claim is infringing so that we may locate it; 3. Your address, telephone number and email address; 4. Include the following statement: `I represent under penalty of perjury that all information contained in this notification is true and correct and that I [am or am authorized to act on behalf of] the owner of [specify copyright property]. I represent that [the owner of the copyright property] has a good faith belief that the use of the material in the manner complained of herein is not authorized by its owner, its agent, or the law.”; and 5. Your physical or electronic signature. You should send notice of copyright infringement to Compare PricesSM [address / e-mail] If you believe content appearing on Compare PricesSM infringes on your other intellectual property rights or you believe that your intellectual property is being used improperly directly in connection with Compare PricesSM please provide the following information in a signed letter on company stationery: 1. Name of Company; 2. Contact information (including mail address, phone number, fax number, and email address); 3. List of registered trademark(s) or other intellectual property at issue including a copy of each relevant federal trademark registration certificate(s); 4. The content at issue (via the relevant Internet address or other identifying information). Please indicate if your complaint is limited to specific content or if it is a general objection; 5. If certain affiliates or partners are permitted to use your registered trademark or other intellectual property in their content, please list their names in your letter; 6. Include the following statement: `I represent under penalty of perjury that all information contained in this notification is true and correct and that I [am or am authorized to act on behalf of] the owner of [specify registered trademark or other intellectual property]. I represent that [the owner of the copyright property] has a good faith belief that the use of the material in the manner complained of herein is not authorized by its owner, its agent, or the law.”; and 7. Your physical or electronic signature. Please send such written communications with the above information to: webmaster@ComparePricesOnline, ATTN: Intellectual Property Complaint Upon receipt of notice as described above, Compare PricesSM will take whatever action, it is sole discretion, it deems appropriate, including removal or modification of the challenged content. Notwithstanding the foregoing, Compare PricesSM will comply as appropriate with the terms of any court order relating to the behavior of the challenged content identified in such court order. Governing Law / Arbitration This Agreement is governed by Virginia law as such laws apply to Agreements entered into and to be performed entirely with Virginia between Virginia residents and without regard to conflict of laws. Any claim against Compare PricesSM shall be resolved on an individual basis, and shall not be consolidated with any other party’s claim. Compare PricesSM may elect, at its sole discretion, to settle any claim or controversy arising out of this Agreement through binding arbitration in Arlington Count, Virginia in accordance with the American Arbitration Association’s commercial arbitration rules. Judgment on the arbitration award may be entered into in any court with jurisdiction and the arbitrator’s award shall not be appealable or reviewable except as permitted by applicable Virginia law. However, each of us may seek interim relief from an Arlington County, Virginia court to protect the relevant party’s rights or property while arbitration is pending. Each of us may conduct discover per applicable Virginia law. 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 our Internet site must be filed within one (1) year after such claim or cause of action is alleged to have arose or shall be forever barred. Compliance with Lawful Authorities In addition to the terms of this Agreement, you agree to comply with all federal, state, and international laws and regulations applicable to your access and use of Compare PricesSM. Nothing contained in this Agreement shall limit the right of Compare PricesSM to comply with any federal, state, or international court, law-enforcement, or other governmental requests or requirements relating to your use of our site. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the applicable law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. Compare PricesSM may be required by federal, state, or international law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through email. Assignment You agree that this Agreement and all rights and information incorporated herein may be assigned by Compare PricesSM, in its sole discretion, to a third party. You may not assign your obligations to another entity. All Other Rights are Reserved to Compare PricesSM. All other rights not specified in this Agreement are reserved to Compare PricesSM. Compare Prices SM does not waive or otherwise relinquish any rights merely because they are not specified in this Agreement. You, the user, do not gain any right from Compare PricesSM, legal or otherwise, by using Compare PricesSM. Compare PricesSM does not incur any additional responsibilities or obligations, legal or otherwise, not specified in this Agreement. Compare PricesSM has no obligation to monitor your access to or use of Compare PricesSM. All Other Rights are Reserved Compare PricesSM. All other rights not specified in this Agreement are reserved to Compare PricesSM Compare PricesSM does not waive or otherwise relinquish any rights merely because they are not specified in this Agreement. You, the user, do not gain any right from Compare PricesSM, legal or otherwise, by using Compare PricesSM.
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