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Terms of Use

 

Welcome to PriceForSure.com, Inc. a Georgia State, Internet comparison shopping, web-TV and auction Site Company. Please review the following terms carefully. The term “Site” or “us” or “we” or “our” refers to PriceForSure.com, the owner of the Web Site and certain co-branded versions of its Site under contract other third parties (collectively, the 'Site'). You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ('Licensors') as stipulated on applicable pages of the Site, which you accept by your use of the Site. The term “you” refers to the consumer, user or viewer of our Web Site. If you do not agree to these terms, you should not use this Site. 

1.Acceptance of Agreement. 

You agree to the terms and conditions outlined in this Terms of Use Agreement ('Agreement') with respect to our site (PriceForSure.com). This Agreement constitutes the entire and only agreement between us and certain co-branded versions of its site under contract other third parties (collectively, the 'Site') and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.) You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ('Licensors') as stipulated on applicable pages of the Site, which you accept by your use of the Site.

2.Copyright. 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

3.  Service Marks.

PriceForSure.com and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4.  Limited License and Permitted Uses.

PriceForSure.com 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 Storefronts 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. 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 commercial purpose without the express prior written consent of PriceForSure.com. Any unauthorized use shall immediately terminate the licenses and rights granted by PriceForSure.com and any Licensors hereunder, and may subject you to civil and/or criminal prosecution.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page of the Site so long as the link does not portray PriceForSure.com, 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 PriceForSure.com, 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 PriceForSure.com, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).

PriceForSure.com 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 PriceForSure.com control.

5.Restrictions and Prohibitions on Use. 

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, de-compile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

6.Linking to the Site. 

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

7.Advertisers. 

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

8.Registration. 

Certain sections of, or offerings from, the Site require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

9.Errors, Corrections and Changes. 

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

10.Third Party Content.  

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

11.Content. 

By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant PriceForSure.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to PriceForSure.com to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you.

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 PriceForSure.com, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. PriceForSure.com reserves the right to change, condense or delete any content on the Site that PriceForSure.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

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 PriceForSure.com (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 PriceForSure.com’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 PriceForSure.com’s prior written consent.

 

12. Unlawful Activity. 

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

13.Indemnification. 

You agree to indemnify, defend and hold PriceForSure.com and other parties with which PriceForSure.com is under contract and all of our subsidiaries, co-brand partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of content information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, 'Affiliated Parties') harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

14.Nontransferable. 

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

15.Merchant Reviews 

You may submit a merchant review through the Merchant Ratings System on the Site or through the Shopper 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 PriceForSure.com 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 PriceForSure.com 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, PriceForSure.com 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 Member Agreement. PriceForSure.comwill not itself edits or modifies 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 PriceForSure.com 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 PriceForSure.com’s records. A merchant may dispute the validity of an invoice identified by you and may submit a complaint to PriceForSure.com. This may result in PriceForSure.com opening a user review inquiry. During the user review inquiry, PriceForSure.com 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 Confirmed Consumer/Member Account available at http://www.priceforsure.com/visitor_login.php?info=17.

16.Disclaimer. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH PRICEFORSURE.COM ARE PROVIDED 'AS-IS,' 'AS AVAILABLE,' ' WITH ALL FAULTS,'  AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PRICEFORSURE.COM AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PRICEFORSURE.COM AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRICEFORSURE.COM AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRICEFORSURE.COM THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ADDITIONALLY, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRICEFORSURE.COM 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. PRICEFORSURE.COM 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 PRICEFORSURE.COM’S CONTROL. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

(a)        PriceForSure.com and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there from, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b)       
THE AGGREGATE LIABILITY OF PriceForSure.com AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

17.Use of Information. 

PriceForSure.com reserve the right, and you authorize PriceForSure.com, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to PriceForSure.com (collectively, a 'Submission') will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

18.Third-Party Services. 

We may allow access to or advertise certain third-party product or service providers ('Merchants') from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANT LIABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

19.Third-Party Merchant Policies. 

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. PriceForSure.com is not responsible for information provided by you to Merchants. PriceForSure.com and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

20.Privacy Policy. 

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on the following link: http://www.priceforsure.com/privacy_policy.php.

21.Payments. 

You represent and warrant that if you are purchasing something from PriceForSure.com or from our Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

22.  Securities Laws.

The PriceForSure.com Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like 'anticipates,' 'expects,' 'believes,' 'estimates,' 'seeks,' 'plans,' 'intends,' 'will' and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

23.Links to other Web Sites. 

PriceForSure.com contains links to other Web sites. We are not responsible for the content; accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by PriceForSure.com. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

24.Copyrights and Copyright Agents. 

PriceForSure.com respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the Site;

d. Your address, telephone number, and email address;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.  

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at customerservice@PriceForSure.com

25. Information and Press Releases. 

PriceForSure.com contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

26.Legal Compliance. 

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

27.Refund and Return Policy.  

To the extent that you purchase any goods or services through PriceForSure.com sold by third parties or are linked to third party Web sites, we have no responsibility or liability for those products or services. Review the Merchant refund and return policies on their specific Web Sites.

28.Governing Law and Arbitration. 

PriceForSure.com’s Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of Georgia, 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 Savannah, Georgia, 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 Georgia 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 Georgia. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in Georgia with knowledge of Internet commerce in Georgia 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 appeal-able 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.

 

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Savannah, Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Savannah, Georgia necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

 

ADDRESS FOR NOTICE

 

Notices to PriceForSure.com can be sent by accessing the following link:

support@priceforsure.com

 

PriceForSure.com mailing address is:

PriceForSure.com Inc.
201 Business Park Drive

Suite 301

Rincon, GA 31326

(877) 610-8866

 

This Terms of Agreement was last modified on June 29, 2007and is effective immediately.

 

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