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Welcome to the PriceLock Web site (this "Web Site"). PriceLock
Financial Services, LLC ("We," "Us," "Our") provides this Web Site
subject to the following terms of use (these "Terms"). These Terms
explain a contractual agreement between you ("User," "You," "Your")
and Us regarding Your use of this Web Site. You should print a copy of
these Terms for Your records. Please note, however, that We may update
and amend these Terms from time to time. We reserve the right, in Our
sole discretion, to modify, alter or otherwise update these Terms at
any time. Such modifications, alterations, and updates shall be
effective immediately upon posting. You agree to be bound by such
modified, altered, and updated Terms if You access or use this Web
Site after We have posted notice of such modifications, alterations or
updates.
1. WHAT YOU SHOULD KNOW The goal of this Web Site is to provide You
with access to information about Our facilities, services, products,
and related links to meet Your needs (the "Content"). The Terms are
meant to protect all of Our visitors to this Web Site, and Your access
to and use of this Web Site signifies Your agreement with these Terms.
DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS.
Consistent with Our goals, this Web Site will permit You to link to
many other Web sites that may or may not be affiliated with this Web
Site and/or with Us. The other linked Web sites have different terms
of use that are not the same as these Terms. Your access to and use of
such linked Web sites through links provided on this Web Site is
governed by the terms of use and policies of those sites, not this Web
Site.
2. PRIVACY Registration data and certain other information about You
is subject to our Privacy Policy. For more information, please review
Our Privacy Policy.
3. USE OF THIS WEB SITE We control and operate this Web Site. All
Content on this Web Site, including, but not limited to, text,
photographs, images, illustrations, audio clips, and video clips, is
protected by copyrights, trademarks, service marks, and/or other
intellectual property rights (which are governed by United States and
worldwide copyright laws and treaty provisions, privacy and publicity
laws, and communication regulations and statutes). The Content is
owned and controlled by Us or Our affiliates, or by third party
content providers, merchants, sponsors and licensors (collectively the
"Providers") that have licensed their content or the right to market
their products and/or services to Us. Content on this Web Site or any
Web site owned, operated, licensed or controlled by the Providers is
solely for Your personal, non-commercial use. You agree to abide by
all additional copyright notices, information, or restrictions
contained in any Content. You may download a single copy of any
Content contained on this Web Site, solely for Your personal,
non-commercial use, consistent with these Terms, provided that You
maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit,
distribute, and/or exploit the Content, other than documents related
to PriceLock specifically created for You and Your clients, in any way
(including by e-mail or other electronic means) for commercial use
without the prior written consent of Us or the Providers. You may
request consent by mailing a request to Us at P.O. Box 8424, Omaha, NE
68108-0424. Your modification of the Content, use of the Content on
any other Web site or networked computer environment, or use of the
Content for any purpose other than personal, non-commercial use,
without the prior written consent of Us or the Providers, violates the
intellectual property rights and proprietary rights of the Content
owners and is prohibited.
You may not use on Your Web site any registered or unregistered
trademarks, service marks or copyrighted materials appearing on this
Web Site, including but not limited to any logos or characters,
without the express written consent of the owner of the mark or
copyright. You may not frame, deep link, or otherwise incorporate into
another Web site any of the Content or other materials on this Web
Site without Our express prior written consent.
Violation of trademark and copyright laws may result in significant
civil liability or criminal penalties under United States and/or
worldwide copyright and trademark laws. You recognize that any
reproduction or use of Content, except as authorized by these Terms,
is considered intentional infringement.
4. USER'S RESPONSIBILITIES You warrant and represent to Us that You
will not use this Web Site for any purpose that is unlawful or
prohibited by these Terms, including without limitation the posting or
transmitting any threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material. If You
violate any of these Terms, Your permission to use this Web Site
immediately terminates without the necessity of any notice. We retain
the right to deny access to anyone at Our discretion for any reason,
including for violation of these Terms.
You are solely responsible for Your Information, and We act as a
passive conduit for Your online distribution and publication of Your
Information. As used in these Terms, "Information" means any
information or data that You submit to this Web Site and any
information or data that is generated by this Web Site as a result of
Your use of this Web Site.
In the event that You are provided with User identification numbers or
codes (collectively, "ID's"), confirmation numbers, and/or passwords
(as applicable) in the use of this Web Site, You shall maintain such
User ID's, confirmation numbers, and/or passwords in confidence and
You agree not to distribute or disclose the same to third parties. It
is Your responsibility to notify Us if We need to change or
discontinue any of Your ID's, confirmation numbers, or passwords. It
is also Your responsibility to immediately request discontinuation of
an ID, confirmation number, or password upon Your knowledge or belief
that such ID, confirmation number, and/or password is, or may be
subject to, a breach of confidentiality. We may suspend or terminate
Your service or access to this Web Site if We believe a breach of
these Terms has occurred.
You agree to provide true, accurate, current and complete Information.
If You provide any Information that is untrue, inaccurate, not current
or incomplete (or We have reasonable grounds to suspect that such
Information is untrue, inaccurate, not current or incomplete), We have
the right to suspend or terminate Your access and activity, and refuse
any and all current or future use, of this Web Site.
5. PROHIBITED ACTIVITIES You are specifically prohibited from any use
of this Web Site, and You agree not to use or permit others to use
this Web Site, for any of the following: (a) take any action that
imposes an unreasonable or disproportionately large load on the Web
Site's infrastructure, including but not limited to "spam" or other
such unsolicited mass e-mailing techniques; (b) disclose to, or share
with, the assigned confirmation numbers and/or passwords with any
unauthorized third parties or using the assigned confirmation numbers
and/or passwords for any unauthorized purpose; (c) attempt to
decipher, decompile, disassemble or reverse engineer any of the
software or HTML code comprising or in any way making up a part of
this Web Site; (d) upload, post, email or otherwise transmit any
Information, Content, or proprietary rights that You do not have a
right to transmit under any law or under contractual or fiduciary
relationships; (e) violating any applicable local, state, national or
international law, including, but not limited to, any regulations
having the force of law; and, (f) using any robot, spider, intelligent
agent, other automatic device, or manual process to search, monitor or
copy Our Web pages, or the Content without Our prior written
permission, provided that generally available third party Web browser
such as Netscape Navigator(R) and Microsoft Internet Explorer(R) may
be used without such permission.
6. INFORMATION POSTED TO WEB SITE With respect to all Information You
elect to post to publicly accessible areas of the Web Site, You agree
that We have the right to use, reproduce, modify, publish, perform and
display such Information (in whole or part) worldwide; provided that
such use is subject to the terms of Our Privacy Policy.
You acknowledge and agree that We may preserve Information and may
also disclose Information if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms;
(c) respond to claims that any Information violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of Our business, employees, Providers, affiliates, users, and/or the
public.
7. LINKS TO OTHER WEB SITES This Web Site may contain links to
third-party and/or other Cendant-affiliated Web sites not under Our
control or operation (the "Linked Sites"). The links will let You
leave this Web Site, and You access them at Your own risk. You
acknowledge that We provide the Linked Sites for Your convenience and
information only. We do not endorse nor are We responsible for any
content, information, or other related materials found at any such
Linked Sites or any links contained within such Linked Sites, whether
or not We are affiliated with the owners of such Linked Sites.
Moreover, We do not control any use of content, information or other
related material that You provide to, or is collected and/or tracked
by, such Linked Sites. Such use by Linked Sites is governed by the
terms of use statements and/or privacy policies of such Linked Sites,
not this Web Site, and as a result may differ from Ours. You may not
establish a hyperlink to this Web Site or provide any links that state
or imply any sponsorship or endorsement of Your Web site by Us or the
Providers.
8. DEALINGS WITH ADVERTISERS Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or
through this Web Site, including payment and delivery of related goods
or services, and any other terms, conditions, warranties, or
representations associated with such dealings are solely between You
and such advertiser. You agree that We (and the Providers) shall
neither be responsible nor liable for any loss or damage incurred by
You as the result of any such dealings or as the result of the
presence of such advertisers on this Web Site.
9. NO WARRANTIES All content on this web site is provided "as is" and
without warranties of any kind either express or implied. Other than
those warranties which, under the U.S. laws applicable to these terms,
are implied by law and are incapable of exclusion, restriction, or
modification, We disclaim any and all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose.
Neither We, Our affiliated or related entities, nor the providers, nor
any person involved in the creation, production, and distribution of
this web site, warrant that the functions contained in this web site
will be uninterrupted or error-free, that defects will be corrected,
or that the server that makes the content available will be free of
viruses or other harmful components. The content that You access on
this web site is provided solely for Your convenience and information
only. We do not warrant or make any representations regarding the
results that may be obtained from the use of this web site, or as to
the reliability, accuracy, usefulness, or currency of any content,
service, and/or merchandise acquired pursuant to your use of this web
site.
With respect to any information posted by any user, We are a
distributor and not a publisher. We have no more editorial control
over such information and content than does a public library or
newsstand. Any opinions, advice, statements, services, offers, or
other information expressed or made available by third parties
(including in the linked sites) are those of the respective authors or
distributors of such content.
You use this web site at Your own risk. You (and not Us) assume the
entire cost of all necessary servicing (including without limitation
your internet connection) and repair or correction of your system.
10. LIMITATION OF LIABILITY In no event shall We nor Our affiliated
or related entities (including providers), nor any of Our respective
officers, directors, employees or agents, nor any person or entity
involved in the creation, production and distribution of this web
site, be liable for any indirect, consequential, incidental, special,
punitive or exemplary damages whether arising under contract,
warranty, or tort (including negligence) or any other theory of
liability, regardless of whether We knew or should have known of the
possibility of such damages, including without limitation from the use
or attempted use of this web site or any other linked site.
Our liability, and the liability of Our providers, to You or any third
parties in any circumstance is limited to the lesser of (a) the amount
of fees You paid to Us in the 12 months prior to the action giving
rise to liability, or (b) $500. Some states do not allow for the
limitation of liability, so the foregoing limitation may not apply to
You.
By way of example only, We and related persons and entities shall not
be responsible or liable for any claim or damage arising from: failure
of performance, error, omission, interruption, deletion, defect, delay
in operation, computer virus, theft, destruction, unauthorized access
to or alteration of personal records, or the reliance upon or use of
content, information, opinions or other materials appearing on this
web site. Moreover, You expressly acknowledge and agree that We are
not liable or responsible for any defamatory, offensive, or illegal
conduct of other users or third parties.
The limitation of liability reflects the allocation of risk between
the parties. The limitations specified in this Section 10 will survive
and apply even if any limited remedy specified in these Terms is found
to have failed of its essential purpose. The limitations of liability
provided in these Terms inure to the benefit of Us and the Providers,
and to all Our respective officers, directors, employees,
representatives, attorneys, and agents.
11. GOVERNING LAW AND JURISDICTION We operate this Web Site (excluding
Linked Sites) from Our offices within the State of Nebraska. It can be
accessed from all 50 states, as well as from other countries around
the world. As each of these places has laws that may differ from those
of Nebraska, by accessing this Web Site, You agree that these Terms
and Your use of the Web Site shall be governed in all respect by the
internal substantive laws of the State of Nebraska, without regard to
conflict of laws provisions and shall not be governed by the United
Nations Convention on the International Sale of Goods. You further
submit to exclusive jurisdiction and venue in the state and federal
courts located in the State of Nebraska for all disputes, cases and
controversies regarding this Web Site, Your use of this Web Site, and
Your relationship with Us and agree not to challenge jurisdiction or
venue in Nebraska. We make no representation that materials on this
Web Site are appropriate or available for use in other locations, and
accessing them from territories where the Content is illegal is
prohibited. Those who choose to access this Web Site from other
locations do so at their own risk and are responsible for compliance
with local laws, including laws regarding the transmission of
technical data exported from the United States or the country in which
You reside.
12. INDEMNIFICATION We reserve the right to report any wrongdoing, if
and when We become aware of it, to any applicable government agencies.
You agree to indemnify, defend and hold Us and the Providers, Our and
their officers, directors, employees, affiliates, agents, licensors,
and suppliers harmless from and against any and all claims, demands,
actions, costs, liabilities, losses and damages of any kind (including
attorneys' fees) resulting from Your use of this Web Site, Your breach
of any provision of these Terms and/or any negligent acts, omissions
or intentional wrongdoing by You. Any such indemnification shall be
conditioned on Our: (a) notifying You in writing of any such claim,
demand, action, cost, liability, loss or threat of any thereof; (b)
cooperating with You in the defense or settlement thereof; and (c)
allowing You to control such defense or settlement. We shall be
entitled to participate in such defense at Our own cost and expense.
13. MESSAGE BOARDS In the event that We provide message boards or
discussion forums on this Web Site (the "Forums"), You agree to use
the Forums only in a noncommercial manner. You shall not, without our
express prior written approval, distribute or otherwise publish any
material containing any solicitation of funds, advertising, or written
solicitation for goods and services. You agree that any uploaded
materials may be republished without compensation to You or any other
person or entity. In addition, You warrant that all moral rights in
any uploaded materials have been waived. While We do not and cannot
review every message posted by You or any other User in the Forums,
and although We are not responsible for these messages, We reserve the
right (but not the obligation) to delete, move, or edit messages that
We, in our sole discretion, deem abusive, defamatory, obscene,
pornographic, or in violation of copyright or trademark laws, or
otherwise unacceptable. We do not endorse any Information posted on
this Web Site.
You agree that You must evaluate, and bear all risks associated with,
the use of any messages, Information, or Content, including any
reliance on the accuracy, completeness, or usefulness of such
messages, Information, or Content. In this regard, You acknowledge
that You may not rely on any Content We create or information
submitted to Us by third parties, including without limitation,
information in the Forums, and in all other parts of this Web Site.
14. OTHER GENERAL PROVISIONS These Terms are for the benefit of Us and
the Providers, Our and their officers, directors, employees,
affiliates, agents, licensors, and suppliers. Each of these
individuals or entities shall have the right to assert and enforce
these Terms directly against You on its (or their own) behalf. 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.
If any provision of these Terms is held to be invalid or
unenforceable, such provision will be struck and the remaining
provisions enforced. Headings are for reference purposes only.
You and We are dealing at arms' length, creating a commercial
relationship. We are not Your Agent or Your fiduciary, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation
referenced herein, represent the entire Agreement between Us
(including the Providers), Our affiliated or related entities, and
You, and supersede any prior agreements or understandings not
incorporated herein. In the event that any inconsistencies exist
between these Terms and any future published terms of use or
understanding, the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
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