A. User Account. In order to use the Services you will be required to set up a user account ("User Account"). You are responsible for maintaining the confidentiality of your User Account information, including your password, and for all activity that occurs under your User Account. You agree to notify us immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by Pricefalls or by any other user of the Services due to someone else using your password or User Account. You may not use anyone else's password or customer account at any time. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration and/or checkout processes. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
B. Prohibited Conduct. While using or accessing the Services you agree not to:
C. Taxes. You agree that you and seller are responsible for determining the amount of sales, use or other taxes that you may owe as a result of purchases you make. You agree (a) that Pricefalls has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, unless Pricefalls is selling the product as the Merchant of Record (the "Item Details" page will clearly display Pricefalls as the seller when Pricefalls is the Merchant of Record.), and (b) to fully indemnify, defend and hold Pricefalls harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
D. Payment. When you make a purchase on Pricefalls.com, you are purchasing the product from an independent seller and not from Pricefalls unless Pricefalls is selling the product as the Merchant of Record. You agree that Pricefalls is not an agent for you or for the seller and has no authority to act on your or on a seller's behalf. Payments are handled directly between you and the seller. In rare cases, a seller may need to cancel your order. In such cases, a full refund will be applied and you will be notified of the cancellation. Pricefalls holds its sellers to strict standards and strives to ensure that all orders are processed and shipped.
E. Shipment. Shipment of the products you purchase on Pricefalls.com are made by the seller and not Pricefalls unless Pricefalls is selling the product as the Merchant of Record. You agree that Pricefalls has no obligation to ship to you any product you purchase on its sites, unless Pricefalls is the seller of the item. You agree to pay the shipping charges in full for any product that you purchase.
Pricefalls works to keep the Services working properly and its users safe. You agree to report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate your access to the Services at any time for any reason. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for 180 days or longer.
The following agreements and/or policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the use of the Services by sellers:
Store Subscriber Agreement:
Prohibited and Restricted Items:
Seller Account Policies:
By entering into this Agreement, you grant, as well as represent and warrant that you have the right to grant to Pricefalls a royalty-free, non-exclusive, worldwide, sublicensable, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, commercially or non-commercially exploit in any manner, incorporate and imbed into other works, and distribute all content posted, uploaded, or otherwise provided by you in connection with your use of the Services.
You will not hold Pricefalls responsible for other users' content, actions or inactions, or items they list. You acknowledge that Pricefalls is not a traditional auctioneer. Instead, the Pricefalls.com websites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers, unless Pricefalls is selling the product as the Merchant of Record. We have no control over, and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users content or listings, the ability of sellers to sell items or fulfill orders, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
NOTWITHSTANDING THE PREVIOUS PARAGRAPH, IF Pricefalls IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
IN NO EVENT WILL Pricefalls, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Pricefalls NOR ANY PERSON ASSOCIATED WITH Pricefalls MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Pricefalls NOR ANYONE ASSOCIATED WITH Pricefalls REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Pricefalls HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you have a dispute with one or more Pricefalls' users, you release Pricefalls (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Pricefalls' websites contain robot exclusion headers. Much of the information on the Pricefalls' websites is updated on a real-time basis and is proprietary or is licensed to Pricefalls by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
You will indemnify and hold Pricefalls (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your use of the Website, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Pricefalls, LLC's registered agent (in the case of notices to Pricefalls) or to the email address you provide to Pricefalls during the registration process (in the case of notices to you). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to any address you provideus. In such case, notice shall be deemed given three days after the date of mailing.
Pricefalls makes reasonable efforts to help resolve differences between buyers and sellers. If you have questions about the product you purchased or your shipment you should contact the seller of your product directly for any customer support that you need. In the event your issue is not resolved by the seller, you should contact Pricefalls customer service and we will attempt to facilitate a resolution. You may not make any returns to Pricefalls of products you purchase. You must contact the seller for any product returns that you wish to make.
If a dispute arises between you and Pricefalls, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Pricefalls.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with the provisions below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Pricefalls, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Pricefalls' name, the phrase "Catch it While You Can", its logo and all related names, logos, product and service names, designs and slogans are service marks or trademarks of Pricefalls or its affiliates or licensors. You must not use such marks without the prior written permission of Pricefalls. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Pricefalls is located at 6325 S. Rainbow Blvd., Suite 430, Las Vegas, NV 89118. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this Agreement.
All matters relating to the Website and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada in each case located in the City of Las Vegas and County of Clark. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This Agreement, along with the additional terms referenced herein, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Limitation of Liability, Disclaimer of Warranties, Indemnity, Resolution of Disputes, and General.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.