Terms of Use

Last Modified September 15, 2008

PriceBlaze is an online price comparison shopping site operated by PriceBlaze, LLC and its corporate affiliates, certain co-branded versions of its sites under contract with other third parties (collectively, “us”, “we”, or “the Company”).

By using and accessing our site at priceblaze.com or the mobile version thereof (together the “Site”) or by posting any content on the site, you (the “User”, “Merchant”, “Buyer”, “PriceBlazer”, “Advertiser”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or Agreement), whether or not you have registered as a user or are an advertiser or merchant exhibiting products on the site.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. These changes will be posted to the Terms of Use on this page and this page will indicate the date the terms were last revised. Your continued use of the Site after any such changes will constitute your acceptance of the revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access (or continue to use or access) this Site. It remains your responsibility to regularly check this section of the Site to determine if there have been any changes to these Terms of Use and to review such changes.

Use of the Site may also be subject to additional terms and conditions defined by our content providers ("Licensors") as stipulated on applicable pages of the Site, which you also accept by your use of the Site. 

LICENSE AND SITE ACCESS

PriceBlaze grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase or sell items through the Site's ComparisonEngine Service, or to purchase items from third-party merchants accessible via links on the Site.

This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any use of the Site or the Site Content other than as specifically authorized herein, without prior written permission of Company, is strictly prohibited and will terminate the license granted herein.

All content on the Site and that available through the ComparisonEngine Service, including designs, texts, graphics, pictures, videos, information, applications, software, music, sound, price and cost calculators, zipcode finder and other files and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. Site Content cannot be modified, copied, distributed, reproduced, framed, republished, downloaded, scraped, displayed, posted, transmitted, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site (e.g. merchant or product reviews).

The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized or commercial purpose. Any unauthorized use shall immediately terminate the licenses and rights granted by PriceBlaze and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statues. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray PriceBlaze, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any PriceBlaze, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of PriceBlaze, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).

PriceBlaze does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within PriceBlaze’s control.

TRADEMARKS

PRICEBLAZE, ComparisonEngine, PriceBlazer, Marketplace and other Company graphics, logos, page headers, designs, buttons icons, scripts, are registered trademarks and trade appearance in the U.S. and/or other countries. Company trademarks and trade appearance may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the company

CONTENT

PriceBlaze provides a number of different services to assist you in comparison shopping for products and services on the Site. PriceBlaze is paid by merchants or other third parties for listing products and services on the Site and for promotions which are displayed as Merchant Specials.

PriceBlaze does not sell, resell or license any of the products listed on the Site, nor is PriceBlaze acting as an agent of sale, and PriceBlaze disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.

PriceBlaze does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by PriceBlaze of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. PriceBlaze assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. Merchant Ranking, or buyer product rating) or other content on the Site.

CONTENT SUBMISSION

By contributing or submitting any content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User or Merchant Content on the Site. By posting User or Merchant content to any part of the Site, you automatically grant, and your present and warrant you have the right to grant, to the Company an irrevocable, royalty-free, perpetual, non-exclusive, transferable, fully paid, worldwide license (with a right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User and Merchant Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works in any form, medium or technology such User and Merchant content, and to grant and authorize sublicenses of the foregoing.

In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of PriceBlaze, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. PriceBlaze reserves the right to change, condense or delete any content on the Site that PriceBlaze deems, in its sole discretion.

YOUR RESPONSIBILITIES

You agree that you shall not post or provide any information to/for the Sites:

that is known by you to be false, inaccurate or misleading;

that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);

that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that seeks to obtain a commercial advantage; that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.

In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify PriceBlaze (among others) for the content you submit as set forth in the indemnity section, below.

You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on PriceBlaze's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without PriceBlaze's prior written consent.

PRICEBLAZE MARKETPLACE

Parties to a transaction (“buyer” and “seller”) are solely responsible for all transactions and interactions with each other, for arranging of payment and the exchange of goods and services purchases if applicable, and for the results and performance of any transaction or relationship entered into through PriceBlaze ComparisonEngine pages and Marketplace. You acknowledge that PriceBlaze is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services promised, or for any other aspect of the transaction. Any fees payments collected by Priceblaze applicable to Priceblaze ComparisonEngine and Marketplace are set forth on the Site, and all terms and conditions are applicable to sch fees are forth in Merchant and Advertiser Agreements. However please note that these terms of sale do not apply to your purchases of products or services from third parties through the Priceblaze ComparsionEngine and Marketplace, as those transactions are strictly between you and the other party to the transaction. ALL USE OF PRICEBLAZE COMPARISONENGINE AND MARKETPLACE IS PROVIDED “AS IS” AT YOUR OWN RISK.

MERCHANT REVIEWS

You may submit a merchant review through the Merchant Ratings System on the Site or through the Buyer Satisfaction Survey to describe your shopping experiences with merchants.

You may submit a merchant review only in good faith and about a merchant from whom you have actually purchased or attempted to purchase products, limited to where you have (i) completed the ordering process, (ii) exchanged payment data, and/or (iii) received an invoice number.
You agree to submit the corresponding and legitimate invoice number or equivalent confirmation of order number/identifier when submitting the merchant review ("Invoice Number"). You acknowledge and agree that the Invoice Number will be made available by PriceBlaze to the applicable merchant in conjunction with your review, and accordingly, the merchant may be able to contact you regarding your review or otherwise.
You may only describe your experience with the merchant for which you are writing a merchant review. You should not review any merchant on situations that are not controlled by the merchant you are reviewing.
You may submit no more than one merchant review of a particular merchant in any thirty (30) day period.
Any merchant review that you submit is subject to the conditions and restrictions described in the CONTENT SUBMISSION section, above.
You acknowledge and agree that PriceBlaze may, in its sole discretion, post only the first ten (10) merchant reviews it receives from users (which may not include your review) that are related, on a case by case basis and in whole or in part, to a product or service listing error by a merchant, such as, but not limited to, an error in the price of a product(s) or a service, the number of units of a product(s) available for a certain price, the shipping rates for product(s), or inventory levels.
Upon becoming aware of the same, PriceBlaze will omit any merchant review that it determines on the face of the review (only) violates any requirements in this Terms of Use or the Membership Agreement. PriceBlaze will not itself edit or modify the contents of a merchant review; it will only remove a review in accordance with the foregoing.

By providing the Invoice Number, you acknowledge and agree that you may be contacted by PriceBlaze and/or the applicable merchant to which/whom the invoice relates. You acknowledge and agree that your review may not be displayed if the Invoice Number does not match the associated information in PriceBlaze's records. A merchant may dispute the validity of an invoice identified by you and may submit a complaint to PriceBlaze. This may result in PriceBlaze opening a user review inquiry. During the user review inquiry, PriceBlaze may, in its sole discretion, remove the contested review, and/or require additional data or proof from the user to determine whether the review should remain or be reinstated on the Site. Failure of the user to participate in the user review inquiry will result in the removal of the contested review from the Site. 

In order to submit a merchant review you may be required to have a Priceblazer Membership http://www.PriceBlaze.com/priceblazer.aspx ).

OTHER BUSINESSES AND LINKS TO OTHER SITES

PriceBlaze may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by PriceBlaze of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. PriceBlaze is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.

PriceBlaze has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE PRICEBLAZE, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH PRICEBLAZE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "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."

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY PRICEBLAZE ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEBLAZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRICEBLAZE SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. PRICEBLAZE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF PRICEBLAZE'S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEBLAZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEBLAZE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM PRICEBLAZE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRICEBLAZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH PRICEBLAZE'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold PriceBlaze, its subsidiaries, affiliates, co-brand partners, and other parties with which PriceBlaze is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement and/or Member Agreement, and/or resulting from any and all content you submit to PriceBlaze and/or the Site. PriceBlaze shall provide notice to you of any such claim, suit or proceeding.

GOVERNING LAW

These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Los Angeles, California, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in California and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in California. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in California with knowledge of Internet commerce in California and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.

GENERAL

If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall 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 of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by PriceBlaze, in our sole discretion, to a third party. You may not assign your obligations to any other entity. 

ADDRESS FOR NOTICE

Notices to PriceBlaze (other than as aforementioned for Digital Millennium Copyright Act infringement notices) can be sent by accessing the following link: http://www.PriceBlaze.com/contactus.aspx PriceBlaze's mailing address is:

PriceBlaze.com LLC
1504 W. Commonwealth Ave
Suite C
Fullerton, CA 92833

Copyrights and Trademarks

All content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by PriceBlaze and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and PriceBlaze has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: [email protected]

PriceBlaze, PriceBlaze.com, are registered trademarks of PriceBlaze, and the PriceBlaze.com logo and ComparisonEngine, Blazer(s), PartConfigurator marks are trademarks of PriceBlaze. 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 and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the PriceBlaze 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.

Copyright © 2007-2017 PriceBlaze LLC. All Rights Reserved.