Thank you for visiting price-kicker.com. The Price-Kicker World Wide Website, the homepage of which is located at www.price-kicker.com, is a property of Price-Kicker.com. This website, the Price-Kicker.com search engine, and other Price-Kicker.com services (the"Price-Kicker.com Services") are governed by the terms and conditions of service and use("Terms") set forth below. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING ANDUSING THE Price-Kicker.com SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOTWISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE PRICE-KICKER.COM SERVICES.
Price-Kicker.com owns and operates the Price-Kicker.com Services. The Price-Kicker.com Services displaysearch results or links to third party websites that are gathered and indexedby Price-Kicker.com's systems and computers as a result of a user query ("SearchResults"). Price-Kicker.com cannot be responsible for such Search Results and theircontent.
The Price-Kicker.com Services are made available for your personal, non-commercial useonly. You may not reproduce, duplicate, copy, sell, resell, or exploit for anycommercial purposes, any portion of the Price-Kicker.com Services. For example, you maynot use the Price-Kicker.com Services to sell or advertise a product or service or toincrease traffic to your website for commercial reasons. You may not take theSearch Results and reformat and display them, or mirror the Price-Kicker.com homepage orSearch Results on your website.
You may not send automated queries of any sort to the Price-Kicker.com Services or toPrice-Kicker.com's computer systems without our prior written permission. "Sendingautomated queries" includes without limitation: (a) using any software thatsends various queries to the Price-Kicker.com Services to determine how a website orwebpage "ranks" in the Search Results for various queries; (b) "meta-searching"the Price-Kicker.com Services; (c) performing "offline" searches on the Price-Kicker.com Services;or (d) using any high volume, automated, or electronic means (including withoutlimitation robots, spiders, scripts, or other automatic device) to access thePrice-Kicker.com Services or monitor or copy the Price-Kicker.com Services or any Search Results.
You agree not to interfere with or disrupt the Price-Kicker.com Services, servers ornetworks connected to the Price-Kicker.com Services, or disobey any requirements,procedures, policies, or regulations of networks connected to the Price-Kicker.comServices. Without our prior written permission, you may not: (a) allow, enable,or otherwise support the transmission of unsolicited commercial advertising orsolicitations via e-mail (spam) from, to, or using the Price-Kicker.com Services; or (b)frame the Price-Kicker.com Services, the Price-Kicker.com homepage, or the Search Results, placepop-up windows over such pages, or otherwise affect the display of such pages.
Price-Kicker.com and other related trade names, graphics, logos, and service marks usedon the Price-Kicker.com Services are the trademarks of Price-Kicker.com and may not be used by youwithout our prior written permission. Notwithstanding the foregoing, tradenames or other trademarks contained in the Search Results belong to thirdparties, and Price-Kicker.com has no control over or responsibility for such trademarks.
We reserve the right, at any time, to modify the Price-Kicker.com Services or these Termsor to modify, suspend, or discontinue the Price-Kicker.com Services or any part thereofwith or without notice. You agree that we will not be liable to you or to anythird party for any modification of the Price-Kicker.com Services or these Terms ormodification, suspension, or discontinuance of the Price-Kicker.com Services. Yourcontinued use of the Price-Kicker.com Services following the notification of any changesto these Terms shall indicate your acknowledgement of such changes andagreement to be bound by the updated Terms.
THE PRICE-KICKER.COM SERVICES, AND ALL INFORMATION, PRODUCTS, AND SERVICES INCLUDED INTHE PRICE-KICKER.COM SERVICES ARE PROVIDED "AS IS." PRICE-KICKER.COM EXPRESSLY DISCLAIMS TO THEFULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY,QUIET ENJOYMENT, AND SYSTEM INTEGRATION. PRICE-KICKER.COM DISCLAIMS ANY WARRANTIESREGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRICE-KICKER.COMSERVICES. PRICE-KICKER.COM DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICEOBTAINED THROUGH THE PRICE-KICKER.COM SERVICES. PRICE-KICKER.COM DISCLAIMS ANY WARRANTIES FORSERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BEOMCE SERVICES ORRECEIVED THROUGH ANY LINKS PROVIDED BY THE PRICE-KICKER.COM SERVICES, AS WELL AS FOR ANYINFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRICE-KICKER.COMSERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRICE-KICKER.COM OR ITSLICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, ORCONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRICE-KICKER.COM SERVICESINCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, ORPROFITS, WHETHER OR NOT PRICE-KICKER.COM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCHDAMAGES, ON ANY THRORY OF LIABILITY.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER YOUR DAMAGES ARISE FROM (A)YOUR MISUSE, RELIANCE ON, OR INABILITY TO USE THE PRICE-KICKER.COM SERVICES; (B) THEINTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRICE-KICKER.COM SERVICES; (C) GOODS,SERVICES, INFORMATION, ADVICE, OR MATERIAL DOWNLOADED, ACCESSED, RECEIVED, OROBTAINED THROUGH THE PRICE-KICKER.COM SERVICES; OR (D) THE COST OF PROCUREMENT OFSUBSTITUTE GOODS OR SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRICE-KICKER.COM SERVICES, YOUR SOLE ANDEXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRICE-KICKER.COM SERVICES. PRICE-KICKER.COM'SAGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PRICE-KICKER.COMSERVICES SHALL NOT EXCEED FIFTY DOLLARS ($ 50). MULITPLE CLAIMS WILL NOTENLARGE THIS LIMIT. PRICE-KICKER.COM'S LICENSORS WILL HAVE NO LIABILITY TO YOU. THEFOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIALPURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the exclusion of certain warranties or thelimitation or exclusion of liability for incidental or consequential damages.Accordingly, some of the above limitations and disclaimers may not apply toyou. To the extent that we may not, as a matter of applicable law, disclaim anyimplied warranty or limit our liabilities, the scope and duration of suchwarranty and the extent of our liability shall be the minimum permitted undersuch applicable law.
You agree to defend, indemnify, and hold harmless Price-Kicker.com, its officers,directors, agents, and employees, from any and all damages, costs, claims,losses, expenses, or liabilities arising from or related to (a) any actual oralleged violation by you of these Terms; (b) any viruses, trojan horses, worms,time bombs, cancelbots, spyware, or other similar harmful programming routinesinput by you into the Price-Kicker.com Services; or (c) your violation of any rights ofany other person or entity.
Price-Kicker.com respects the intellectual property of others. It is our policy torespond to notices of alleged infringement that comply with the DigitalMillennium Copyright Act ("DMCA") and other applicable intellectual propertylaws. In response to such notices, we may remove from the Search Results ordisable access to websites containing material claimed to be infringing. If youbelieve that Price-Kicker.com is including in the Search Results a work that has beencopied, distributed, or used by a third party in a way that constitutescopyright infringement, please provide Price-Kicker.com's agent with the writteninformation specified below: An electronic or physical signature of the personauthorized to act on behalf of the owner of the copyright or other intellectualproperty interest; A description of the copyrighted work or other intellectualproperty that you claim has been infringed; A description of the websitelocation of the claimed infringing material (Please provide (i) the searchquery that you used to locate the allegedly infringing website; and (ii) theURL for each allegedly infringing website); Your address, telephone number, ande-mail address; A statement by you that you have a good-faith belief that theclaimed infringing use is not authorized by the copyright or other intellectualproperty owner, its duly authorized agent, or the law; A statement by you thatthe above information in your notice is accurate and that you are the copyrightor other intellectual property owner or are authorized to act on the copyrightor other intellectual property owner's behalf; and Your signature.
We may terminate your use of the Price-Kicker.com Services without prior notice for anyreason, in our sole discretion, including without limitation, if we believethat you have violated these Terms. You may discontinue your access to thePrice-Kicker.com Services at any time.
Price-Kicker.com may remove any link from the Search Results (a) in order to limit theliability of Price-Kicker.com or any user of the Price-Kicker.com Services; or (b) as required bylaw. Price-Kicker.com occasionally receives requests to remove links from its SearchResults. Although Price-Kicker.com reserves the right to address such requestsindividually, Price-Kicker.com's general approach to such requests reflects the followingprinciples:
Price-Kicker.com's Search Results consist primarily of information that has beenidentified, indexed, and compiled through an automated process with no advancereview by human beings. Given the enormous volume of website information added,deleted, or changed on a frequent basis, Price-Kicker.com cannot screen everything madeavailable through its Search Results. For each website reflected in Price-Kicker.com'sSearch Results, Price-Kicker.com would consider on a case-by-case basis requests toremove from the Search Results a link to a website if (a) a website ownerrestricts access to his or her website; or (b) a website is taken down from theInternet. If the operator of a website does not take steps to prevent Price-Kicker.com'sautomated tools from finding its website, it is likely that such website willPrice-Kicker.com stores many webpages in its cache to retrieve for users as a back-up incase the server for such webpage temporarily fails. Website owners may blockPrice-Kicker.com from returning cached versions of their pages by using the NOARCHIVEmeta-tag. Website owners may also request immediate removal of a cached pagefrom the Price-Kicker.com Services Search Results. Price-Kicker.com evaluates such requests for theimmediate removal of cached content on a case-by-case basis and does notguarantee that every request will be granted.
The Terms constitute the entire and exclusive and final statement of theagreement between you and Price-Kicker.com with respect to the subject matter hereof, andgovern your use of the Price-Kicker.com Services, superseding any prior agreements ornegotiations between you and Price-Kicker.com with respect to the subject matter hereof.The Terms and the relationship between you and Price-Kicker.com shall be governed by thelaws of the State of California, without giving effect to any choice of lawsprinciples that would require the application of the laws of a differentcountry or state.
Price-Kicker.com's failure to exercise or enforce any right or provision of the Termsshall not constitute a waiver of such right or provision. If any provision ofthe Terms is found to be invalid by either a court of competent jurisdiction orthe Arbitrator, you and Price-Kicker.com nevertheless agree that the court or theArbitrator should endeavor to give effect to your and Price-Kicker.com's intentions asreflected in this provision, and that the other provisions of the Terms remainin full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TOTHE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OFTHE PRICE-KICKER.COM SERVICES OR THE TERMS MUST BE FILED WITHIN ONE ( 1) YEAR AFTER SUCHCLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in theTerms are for convenience only and have no legal or contractual effect.
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