PriceMatch Pro Terms of Service
Last Updated: August 10, 2017
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.
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.
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.
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.
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.
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.
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:
The responses described in this paragraph are not limited, and we may take any other action we reasonably deem appropriate.
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).
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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