PriceLocal’s service enables local vendors to offer consumers competitive pricing on goods and services offered on the internet (the “Service”). Your use of the Service as a vendor or consumer, including your use of the www.getpricelocal.com website (the “Site”) and/or the installation and use of the PriceLocal browser extension (the “Browser Extension”) are governed by these terms and conditions (collectively the “Terms”).
PriceLocal grants you a limited, revocable, non-exclusive, non-sublicenseable right and license to access and make use of the Site and/or the Browser Extension in conjunction with the Service, including the right to deliver product information via the Browser Extension in conjunction with use of the Service and/or to receive product information in conjunction with use of the Service. All rights not expressly granted to you in these Terms are reserved and retained by PriceLocal or its licensors, suppliers, publishers, rightsholders, or other content providers. Any unauthorized use will immediately terminate the licenses and rights granted by PriceLocal hereunder, and may subject you to civil and/or criminal prosecution.
SUBMISSIONS AND PRIVACY
When you install the Browser Extension or use the Service, you grant PriceLocal a perpetual, royalty free license to collect and use the product information you view with the Browser Extension installed (the “Content”), your location, email address and any other information you or your internet service provider submits to PriceLocal, for any purpose whatsoever, except as limited elsewhere herein or by law. You further agree to allow PriceLocal to install a "cookie" or series of "cookies" on your computer and associate such cookies with the information collected in accordance with the immediately preceding sentence. A “cookie” is a small data file that is stored on your computer that contains an anonymous unique browser identifier. Cookies act as anonymous tags that identify your computer, but not you personally. When you click “Submit Request” on the Browser Extension banner, PriceLocal transmits the product information you are then viewing to our participating Vendors. You warrant that you have the legal right to allow PriceLocal to collect, save and transmit the Content to its participating Vendors.
You agree that you will not provide any Content:
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold PriceLocal, its subsidiaries, affiliates, and Vendors, and their respective officers, directors, employees and agents, free and harmless from and against any and all awards, damages, liabilities, fines, penalties, costs and expenses, including without limitation any legal and accounting fees, in any manner arising from or related to claims, actions or demands based on your breach of the Terms, including without limitation claims, actions, or demands pertaining to Content you submit to PriceLocal or that is saved based upon your use of the Browser Extension.
PriceLocal does not sell, resell or license any of the products or services sought through your use of the Service, nor is PriceLocal acting as an agent of sale. PriceLocal disclaims any responsibility for, or liability related to, such products and services. Any questions, complaints or claims related to any product or service should be directed to the relevant Vendor.
PRICELOCAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE USE OF THE SERVICE, OR THAT ANY VENDOR WILL PERFORM AS PROMISED BY THE VENDOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE PRICELOCAL, ITS SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS AND DAMAGES OF ANY KIND IN ANY MANNER ARISING FROM OR RELATED TO YOUR PURCHASE OF PRODUCTS OR SERVICES FROM A VENDOR THROUGH THE USE OF THE SERVICE.
LINKS TO OTHER SITES
You agree to receive email messages and text messages from PriceLocal until you opt-out of receiving such messages. Please note that your cell phone carrier’s normal rates and fees may apply.
You acknowledge and agree that PriceLocal may change the pricing of the Service at any time without notice.
VENDOR INTELLECTUAL PROPERTY
Vendor users hereby grant PriceLocal a revocable, royalty free license to display such Vendor's name and logo on Vendor's PriceLocal coupons.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, THE BROWSER EXTENSION, AND THE SERVICE ARE EACH PROVIDED BY PRICELOCAL ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICELOCAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN ANY MANNER PERTAINING TO THE SITE, THE BROWSER EXTENSION, OR THE SERVICE. THIS INCLUDES WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR INTENDED PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE BROWSER EXTENSION, OR THE SERVICE, OR ANY TRANSACTION RESULTING THEREFROM, IS SOLELY AT YOUR OWN RISK. PRICELOCAL DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICE. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF PRICELOCAL'S CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRICELOCAL WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, THE BROWSER EXTENSION, OR THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN THE EVENT THAT THIS LIMITATION OF LIABILITY IS DEEMED INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, PRICELOCAL’S LIABILITY TO YOU FOR CLAIMS IN ANY MANNER RELATED TO THE SITE, THE BROWSER EXTENSION, OR THE SERVICE WILL NOT EXCEED $500.00 IN THE AGGREGATE.
IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, OR DO NOT AGREE WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND THE SERVICE.
COPYRIGHTS AND TRADEMARKS
All content, graphics, format, design, the Browser Extension, and other material on the Site (collectively, "Materials") are protected by copyright law and other intellectual property laws, and are owned by PriceLocal and/or its licensors. The Materials may be used only in accordance with these Terms.
PriceLocal®, “local stores, online prices”®, and the symbol are registered trademarks of PriceLocal, and www.getpricelocal.com is a registered domain name of PriceLocal. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners. Such marks, in addition to the PriceLocal trademarks, are protected by US law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries.
These Terms are governed by and will be construed in accordance with the laws of the State of Michigan, without regard to principles of conflicts or choice of law. Except for disputes for which the injured party may properly seek equitable relief, any and all disputes, claims or controversies arising in connection with these Terms or the Service will be finally settled by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), as then in effect. In selecting the eligible arbitrators, the American Arbitration Association will give due consideration to the subject matter of the dispute. The arbitrator’s sole authority will be to interpret and apply the provisions of these Terms. The arbitrator will not change, add to, or subtract from, any of the provisions of these Terms. The arbitrator will have the power to compel attendance of witnesses at the hearing. Each party will be responsible for one-half (1/2) of the arbitration fees charged by the AAA and/or the arbitrator(s) and for its own legal fees and other costs relating to the arbitration proceeding. A judgment upon any award rendered by the arbitration contemplated herein may be enforced and entered in any court having competent jurisdiction thereof, including, without limitation, any court of competent jurisdiction in the U.S., or other jurisdiction in which the non-prevailing party holds or controls assets. Such an award may provide for the specific enforcement of these Terms.
If any provision of these Terms is held to be invalid, void or unenforceable for any reason, such provision will be struck and the remaining provisions will remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms and all agreements and notices incorporated herein may be automatically assigned by PriceLocal, in our sole discretion, to a third party. You may not assign your obligations to any other entity.
You must be at least 18 years old to use the Site, the Browser Extension, or the Service. If you are under 18 years of age, you can use the Service only with a parent or legal guardian.
Please review PriceLocal's other policies posted on the Site, which are incorporated herein by reference.
ADDRESS FOR NOTICES
Notices to PriceLocal can be sent through this email: email@example.com
PriceLocal's mailing address is:
206 S. Main Street
Ann Arbor, MI 48103