Terms of Use

THANK YOU FOR SHOPPING AT PRICESCALER.COM. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OUR WEB SITE. BY USING OUR WEB SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE.

PriceScaler.com, LLC ("PriceScaler.com", "we" or "us") maintains this web site (the "Site") as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, purchase, and download materials subject to the terms and conditions set out below.

By using this Site, you agree to indemnify, hold harmless and defend PriceScaler.com, LLC. (collectively, PriceScaler.com, LLC, and PriceScaler.com are referred to as "PriceScaler") and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with your use of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. PriceScaler reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Intellectual Property Rights

Unless otherwise noted, all text and images contained on this Site are the property of PriceScaler.com, LLC or PriceScaler.com and/or their respective affiliates, subsidiaries, vendors, manufacturers, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "PRICESCALER.COM" is a registered trademark of PriceScaler.com. Any other product names are trademarks or registered trademarks of their respective owners.

Our graphics, logos, page headers, button icons, scripts, service names, and other components of our Web site and related materials are trademarks or trade dress of PriceScaler.com. PriceScaler's trademarks or trade dress may not be used in connection with any product or service that is not PriceScaler's, in any manner that is likely to cause confusion among customers, vendors, shoppers, or any other party, or in any manner that disparages or discredits PriceScaler.com.

PriceScaler relies upon a network of independent vendors who supply some of the goods advertised on the site and, in some cases, drop ship them directly to our customers. PriceScaler is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through this site, or items advertised on the Site, by its vendors.

Fraud

PriceScaler.com will report and prosecute actual and suspected credit card fraud.

We may require further authorization from you such as a telephone confirmation of your order and/or other information. Our decision to require further authorization is at our discretion. PriceScaler.com reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.

PriceScaler.com captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any PriceScaler.com order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit card company for fraud investigation. PriceScaler.com will cooperate with authorities to prosecute offenders to the full extent of the law.

Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must:

(1) Identify the allegedly infringing materials

(2) Indicate where an authorized version can be obtained

(3) Provide your name and contact information

(4) State that you have a good faith belief that the materials are infringing

(5) State that the information in your claim is accurate

(6) Indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf.

In adherence to the Digital Millennium Copyright Act ("DMCA"), PriceScaler will respond to a notice of alleged copyright infringement regarding any content or information available on our Site. As a caveat, it should be noted this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing PriceScaler that copyrighted material may have been infringed will not receive an appropriate response through this process.

Our contact for copyright issues relating to this Site is: Copyright Agent, PriceScaler.com, LLC, legal@pricescaler.com.

Limitation of Liability

IN NO EVENT SHALL PRICESCALER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE PRICESCALER'S WEB SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRICESCALER'S WEB SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PRICESCALER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL PRICESCALER'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (U.S.$1.00).

Updated as of January 9, 2010

Copyright © 2010 PriceScaler.com, LLC. All Rights Reserved.