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
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
date the terms were last revised. Your continued use of the Site after any such
(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
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
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.
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
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.
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.
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
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.
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.
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
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
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
In order to submit a merchant review you may be required to have a Priceblazer Membership
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
YOUR USE OF THE SITE.
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
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.
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.
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.
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:
1504 W. Commonwealth Ave
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.