These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by Pricetack (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Neutral Venue. Pricetack is a venue through which users conducts in-person transactions. Pricetack is not directly involved in the transaction between buyers and sellers. As a result, Pricetack has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Pricetack does not pre-screen users or the content or information provided by users. Pricetack cannot ensure that a buyer or seller will actually complete a transaction. You agree that Pricetack is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Pricetack.
Identity Verification. We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Service. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Service. We encourage you to communicate directly through the tools available on the Service and to review profile pages for feedback from other users.
Interactions with Other Users. You are solely responsible for your interactions with other users of the Service. We will not be responsible for any damage or harm resulting from your interactions with other users. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Service and to take any other action in good faith to restrict access to or the availability of any material that we or another user of the Servicemay consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
In connection with your use of the Service, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing an accommodation without the rights to do so;
c) interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
d) use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
e) use the Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
f) "stalk" or harass any other user of the Service;
g) collect personal data about other users for commercial or unlawful purposes;
h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
i) use automated scripts to collect information or otherwise interact with the Service;
j) advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Pricetack reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
Content Restrictions. You are solely responsible for any content that you submit, post or transmit via the Service. You may not post or submit any content that:
(a) infringes the copyright, trademark, or other intellectual property rights of any person;
(b) is defamatory;
(c) contains nudity or sexually explicit content, or is otherwise obscene;
(d) may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
(e) depicts individuals under 18 years of age;
(f) depicts or advocates the use of illicit drugs;
(g) makes use of offensive language or images; or
(h) characterizes violence as acceptable, glamorous or desirable.
No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
THIRD PARTY CONTENT, SITES, AND SERVICES
The Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Pricetack including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Pricetack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Service, or between users and any third party, you understand and agree that Pricetack is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Pricetack, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you 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."
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Pricetack and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Pricetack name or any of the Pricetack trademarks, logos, domain names, and other distinctive brand features. You may use the Pricetack name or any of the Pricetack trademarks, logos, domain names, or other distinctive brand features only in the event Pricetack grants you the right to do so in a separate written agreement. Any feedback, comments, or suggestions you may provide regarding Pricetack, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
If you violate any of these Terms, your permission to use the Service may be suspended or revoked and we reserve the right to suspend or terminate your access to and use of the Services at any time if you violate any of these Terms.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Pricetack DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Pricetack DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Pricetack DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Pricetack BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Pricetack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Pricetack, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
These Terms are the entire and exclusive agreement between Pricetack and you regarding the Service, and these Terms supersede and replace any prior agreements between Pricetack and you regarding the Service.
The failure of Pricetack to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms
The Service is operated and provided by Pricetack, Inc., 665 Third St, Suite 150, San Francisco, CA 94107. If you have any questions about these Terms, please contact us at [email protected].