PriceMatch Pro Terms of Service

 

 

Last Updated: August 10, 2017

 

OVERVIEW
These terms of service (Agreement) govern your use of this mobile application, an online information service operated by ScaleUP Media, LLC (this mobile application, we, our, us, etc.). By using this Mobile Application you consent and agree to the terms and conditions contained in this Agreement. If you are unwilling to accept the terms and conditions contained in this Agreement, please do not use this Mobile Application.

 

In these Terms of Use, the term “you” refers to the shopper visiting or contributing content to our websites or through our interactive services on our mobile application (collectively, our “Service”).

 

  1. Content

This Mobile Application provides a number of different services to assist you in shopping for products and services on the Mobile Application. This Mobile Application is paid by merchants or other third parties for listing products and services on the Mobile Application and for promotions.

 

This Mobile Application does not sell, resell or license any of the products listed on the Mobile Application, nor is This Mobile Application acting as an agent of sale, and Mobile Application 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.

 

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

 

We cannot guarantee the accuracy of pricing, product, or inventory. Please contact the Merchant directly to verify product availability and pricing.

 

  1. Use Of Content; Linking To Our Mobile Application; Accessing or Using our Service

Use of Content. The Content may be used as a personal informational resource. Specifically, you may download, view, copy and print Content only to the extent such activities are solely for your personal informational use.

 

To access or use some features of our Service or Mobile Application, you may choose to provide us certain information, or we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.

 

Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

Accounts. We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username ("ID") and password. You are responsible for keeping your ID and password, and other account information, confidential and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password.

 

  1. Acceptable Use and User Content Standards

Our Mobile Application and Service are provided for your information and personal, non-commercial use only. When using our Mobile Application or Service, you agree to comply with these Terms of Use, and all applicable laws. Except as expressly permitted by these Terms of Use, you may not:

  1. Use our Mobile Application or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
  2. Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Mobile Application or Service;
  3. Use our Mobile Application or Service in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage, disrupt any part of our Mobile Application or Service;
  4. Use our Mobile Application or Service to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
  5. Use our Mobile Application or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
  6. Use our Mobile Application or Service to transmit any data, or upload to our Mobile Application or Service any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  7. Decompile, reverse engineer or disassemble any portion of our Mobile Application or Service;
  8. Use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained our Mobile Application or Service, or use network-monitoring software to determine architecture of or extract usage data from our Mobile Application or Service; or
  9. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Mobile Application or Service.
  10. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
  11. We may now or in the future permit you to post, upload, transmit through or otherwise provide through our Mobile Application or Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively “User Content”). For example, any comment, rating or review of a product or a merchant that you post through our Mobile Application or Service is your User Content.
  12. Standards. You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You agree that your User Content:
  13. Will be, in the context of reviews and ratings, based upon an actual shopping experience with the relevant merchant or third party, accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws;
  14. Will be truthful, non-misleading and non-deceptive;
  15. Will not contain any material which is tortuous (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
  16. Will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  17. Does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
  18. Will not be threatening, abuse or invade another’s privacy, or provided with intent to harass, upset or embarrass any other person;
  19. Will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
  20. Will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).

 

We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason. However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms.

 

  1. External Links; Other Mobile Applications Products, Services And Content

The Mobile Application may provide links to web sites and access to content, products and services of third parties, including without limitation, this Mobile Application's affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (Other Mobile Applications). These links are provided solely as a convenience to you, and do not constitute an endorsement by Mobile Application of the content of such third-party Mobile Applications nor of the business practices of such other businesses, entities or individuals. This Mobile Application 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 refer to the separate terms of use, privacy policies, and other rules posted on Other Mobile Applications before you use them. This Mobile Application is not responsible for (a) the availability of, and content provided on, Other Mobile Applications, nor does inclusion of any link imply endorsement of the Other Mobile Application by this Mobile Application, or vice versa; (b) third party content accessible through the Mobile Application, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Mobile Application, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings.

 

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE MOBILE APPLICATION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THIS MOBILE APPLICATION, ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH THIS MOBILE APPLICATION, 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.

 

  1. Suspension and Termination; Modifications To Mobile Application; Agreement;

If you fail to comply with the acceptable use or content standards in the Term of Use, we may take all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use our Service or Mobile Application;
  2. Immediate, temporary or permanent withdrawal of any content submitted by you to our Service or Mobile Application;
  3. Issue of a warning to you;
  4. Legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  5. Disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required;
  6. Disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our Mobile Application constitutes a violation of their intellectual property rights, right to privacy or other legal rights.

The responses described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.

 

We reserve the right to modify or revise these Terms of Use and/or Privacy Statement or our other policies at any time at our sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective within forty-eight (48) hours of being posted on the Mobile Application unless otherwise stated by us, in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Mobile Application following our posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Mobile Application.

 

  1. User Content License

We do not claim ownership to your User Content. We reserve the right to display advertisements in connection with your User Content, to use your User Content for advertising and promotional purposes, and provide third-parties your User Content. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

 

  1. Intellectual Property

Our Mobile Application, Service and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, “Mobile Application Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Mobile Application or Service are owned by us, our licensors, or both. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title or interest in our Mobile Application or Service. Any rights not expressly granted in these Terms of Use are expressly reserved.

 

  1. Limitations on Our Mobile Application And Services

Due to inherent technical and operational limitations of the Internet and the fact that we do not provide the networks that are used in accessing our Service, we cannot guarantee secure, uninterrupted or error free access to our Service.

We reserve the right to withdraw or amend our Service and our Mobile Application without notice. As such, our Service and Mobile Application is provided to you on an “as is” basis. We may from time to time suspend our Service in order to carry out routine and emergency work to our Mobile Application.

 

  1. Our liability

As we do not charge for access or use of our Service or Mobile Application, our Mobile Application is provided on an “as is” basis. Accordingly, we hereby expressly exclude:

  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  2. Any and all liability (whether arising in contract, tort or otherwise) for any loss or damage (direct or indirect) suffered by you in connection with our Service or Mobile Application.

We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud committed by us.

 

  1. Limitation Of Liability

IN NO EVENT SHALL this Mobile Application OR ITS THIRD PARTY CONTENT AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE MOBILE APPLICATION OR ANY SERVICES PROVIDED IN CONNECTION WITH THE MOBILE APPLICATION, OR OTHERWISE RESULTING FROM: (a) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEB MOBILE APPLICATIONS, (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (c) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOBILE APPLICATION, OR (d) ANY OTHER MATTER RELATING TO THE MOBILE APPLICATION, EVEN IF this Mobile Application WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

 

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. 11. Reliance on Mobile Application Information

Information available through our Mobile Application or Service is for educational, entertainment and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not verify User Content or all Mobile Application Content (e.g., information provided by online merchants and other third parties). For this and other reasons, such information may have errors, inaccuracies and omissions. As such, you should not rely on this information.

 

You are solely responsible for any actions or decisions you take based on materials and information available through our Mobile Application and Service, and should carry out your own research and investigation as appropriate.

 

If there is a dispute between you and anyone accessing our Mobile Application or Service, or you and any third party in connection with our Mobile Application or Service, you understand and agree that we are under no obligation to become involved.

 

  1. 12. Online merchants and third parties

Your dealings with online merchants or other third parties via our Mobile Application or Service are solely between you and that third party. As such, when you engage in a transaction with a third party, you do so under their terms and policies, not ours. You use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Complaints, questions and claims related to transactions with any third party should be directed to that third party.

 

  1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MOBILE APPLICATION AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE MOBILE APPLICATION, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS MOBILE APPLICATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.


THIS MOBILE APPLICATION MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (a) THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (b) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILE APPLICATION OR ANY SERVICES OFFERED THROUGH THE MOBILE APPLICATION WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MOBILE APPLICATION WILL MEET YOUR EXPECTATIONS; OR (e) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

 

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE APPLICATION IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

 

  1. Applicable Law

This Mobile Application is owned and operated by this Mobile Application in the State of Florida, USA. As such, the laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Mobile Application and these disclaimers, terms and conditions at any time.

 

We make no representation that our Service is appropriate, legal or available for use in locations outside the United States. You are in the best position to know whether your use of our Service may be prohibited or restricted by local laws in your location. If you are not able to comply with local laws when using our Service, you should not use our Service.

 

  1. Indemnity

You agree to indemnify, defend and hold harmless this Mobile Application, its affiliates, shareholders, directors, officers, co-branders, content providers, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Mobile Application, your use of the Content, your linking to the Mobile Application or your violation of this Agreement. This obligation will survive your use of the Mobile Application.

 

  1. Information about you and your visits to our Mobile Application

We process information about you in accordance with our Privacy Policy. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.

 

  1. Dispute resolution

We will do our best to resolve any problems or issues that you may have with us or our Service in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, we will discuss and agree the most appropriate way to resolve our dispute.

 

  1. Changes

We are constantly updating our Mobile Application and Services to provide better options and features, or for other reasons. In certain instances it may be necessary to update or modify our Terms of Use to reflect these and other changes (e.g., to reflect updates to our practices and policies). We also may, in some instances, need to provide you with operating rules or additional terms that govern your use of parts of our Mobile Application or any Service (“Additional Terms”). Accordingly, you agree that we may at any time provide you with Additional Terms, or update or modify these Terms of Use, as appropriate or necessary. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

 

  1. Complaints

If you wish to complain about any use of our Service or User Content posted to our Mobile Application, please contact us. After you contact us, we will review your complaint and decide whether it complies with these Terms of Use and, in particular, our content standards above. If not, we will deal with the matter as described above (section headed suspension and termination). We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

 

  1. Affiliate Links
    Disclosure of Material Connection: Some of the links posted on this Mobile Application are “affiliate links.” This means if you click on the link and purchase the item, I will receive an affiliate commission. Regardless, I only recommend products or services I use personally and believe will add value to my readers. I am disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

 

  1. Other terms

We intend to rely on these Terms of Use as setting out the written terms relating to the provision of our Service to you. If any part of these Terms of Use shall be unlawful or unenforceable for any reason, this shall not be affect the remainder of these Terms of Use.

 

  1. Acknowledgement

By using this Mobile Application, You acknowledge (a) that you have read and understood this Terms of Service Agreement; and (b) that this Terms of Service Agreement has the same force and effect as a signed agreement.

 

  1. Contact Information

If you have any questions regarding this Terms of Service Agreement or the Mobile Application, please contact this site via email to us.

 

ScaleUP Media, LLC
8805 Tamiami Trail North, Suite 183

Naples, FL 34108