Terms of Use


These Terms of Use (“Terms of Use”, or "Agreement") explain the terms and conditions that apply when you download, install and use PriceWaiter and the services made available through the Chrome browser extension (collectively, the “PriceWaiter Extension”), including the type of information Price Waiter, LLC (“PriceWaiter” or “we”) collects through the PriceWaiter Extension and what PriceWaiter does with this information.

Please read the following Terms of Use carefully before downloading and using the PriceWaiter Extension. If you download and use the PriceWaiter Extension, you will be bound by these Terms of Use. This Terms of Use may change from time to time so you should check it frequently.

What Is The PriceWaiter Extension?

A browser extension is a computer program that extends the functionality of a web browser. Once you have downloaded and installed it, the PriceWaiter Extension allows you to make an offer on any product on any website. Our network of online retailers will receive your offer and either accept or counter your offer.In certain cases, you will receive responses from multiple retailers. You will be able to choose which retailer you ultimately purchase from.

License To Use PriceWaiter Extension

License. Upon your consent to this Agreement, PriceWaiter hereby grants you a non-exclusive, non-transferable limited license to use the PriceWaiter Extension in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements in your use of or to gain access to the PriceWaiter Extension. You acknowledge and agree that all content and services available on the PriceWaiter Extension are property of PriceWaiter and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by PriceWaiter and its licensors.

Reproduction. You may not use or reproduce in any form any part of PriceWaiter Extension without prior written consent. This prohibition applies to unauthorized uses or reproduction for public or private use. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via PriceWaiter Extension. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that PriceWaiter shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

PriceWaiter Is Not The Seller

You acknowledge and agree that PriceWaiter is not the seller in any transaction you consummate via the PriceWaiter Extension. All title is passed directly from the selling retailer to you, and PriceWaiter has no right or claim to title. You will not hold PriceWaiter responsible for Seller, retailer or other users’ content, actions or inactions, items they list or sell. You acknowledge that PriceWaiter is not an ecommerce store. 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, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

We do not transfer legal ownership of items from the seller to the buyer. Tennessee Commercial Code § 47-2-401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. You hereby acknowledge and agree that PriceWaiter is not the buyer or seller in any transaction you consummate via the PriceWaiter Extension. Further, we cannot guarantee continuous or secure access to the PriceWaiter Extension, our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the PriceWaiter Extension, our sites, services and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages; however it is the intent of the parties (i.e., you and PriceWaiter) that the foregoing exclusions and disclaimers apply to the fullest extent permitted by law in the applicable jurisdictions.

Returns And Refunds

PriceWaiter does not take title to any goods. All returned items and communications relating to the same are between you and the selling retailer. You may rate retailers on their performance and product quality. PriceWaiter provides no representations nor any warranties relating to any seller.

Product Descriptions

PriceWaiter does not warrant that product descriptions or other content on any site contains complete, reliable, current, or error-free information.

Collected Information

If you download and install the PriceWaiter Extension, PriceWaiter may at any time collect certain information voluntarily provided by you during the installation and registration process. PriceWaiter may also collect information about any referral, advertisement, or other party that directed you to the PriceWaiter Extension download.

Users can access and use the PriceWaiter Extension by providing your email address and a password. The PriceWaiter Extension does collect and store information provided to it by your browser, including the website you came from (known as the “referring URL”), referring website domain names, the websites you visit, the pages you access, the products you purchase, the type of browser you use, the date and time of access, and other information. PriceWaiter aggregates and analyzes the information it collects to improve its service and to prepare reports about aggregate web usage and shopping habits.

At times during your use of the PriceWaiter Extension, we may transmit cookies to the hard drive of your computer. These cookies enable PriceWaiter to track and store information about your PriceWaiter Extension usage, such as which products upon which you make an offer using the PriceWaiter Extension, and related PriceWaiter Extension usage information.

For more information on how we collect and use data, see our Privacy Policy.

Third Party Websites

The PriceWaiter Extension allows you to make offers on products of third party e-commerce websites ("other websites"). You may be transferred to such other websites, through the PriceWaiter Extension, when you interact with it. PriceWaiter does not sell any good or service to consumers and nothing in the PriceWaiter Extension shall be construed as an offer to sell anything or enter into any kind of business relationship. Purchases you make may be through the PriceWaiter portal or other websites, not owned, operated, or related to the PriceWaiter Extension. You are cautioned to read such websites' terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such websites in order to be aware of the terms and conditions of your use of such websites. Be sure to carefully evaluate and investigate such other websites on your own to your satisfaction.

You are also cautioned to carefully read the terms and conditions of any offers or counteroffers received from these other websites. PriceWaiter shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other websites, information, promotions, products, or services; viruses or other computer problems resulting from use of such websites; or any liabilities resulting from the terms and conditions of other websites. PriceWaiter does not guarantee any content on such other website or anything offered by third parties, including but not limited to prices and price discounts, promotions, products, or services.

You are knowingly and voluntarily assuming all risks of using such other websites to purchase goods and services and of using the PriceWaiter Extension and the PriceWaiter website. You agree that PriceWaiter and its licensors shall have no liability whatsoever from such third party websites and your usage of them.

Copyright and Intellectual Property Rights

The PriceWaiter Extension is protected under U.S. and international copyright laws. Copyright © 2018 PriceWaiter LLC. All rights reserved. All of our company names, product names, service names and logos are owned by us.

The PriceWaiter Extension, including all software, scripts, graphics (including icons, button icons, etc.), photos, images, music, digital downloads, videos, interactive features and the like, and the trademarks, service marks and logos contained therein (“PriceWaiter Extension Content”), are owned by or licensed to PriceWaiter and are subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights and protections under United States and foreign laws and international conventions.

Your Representations and Warranties

By using the PriceWaiter Extension, you represent and warrant that you are at least 18 years old, you have read and agree to abide by this Agreement, any information you submit is truthful and accurate, and your use of the PriceWaiter Extension does not violate any applicable law or regulation.

Your Privacy

Please review our Privacy Policy (“Privacy Policy”), which also governs your interaction with the PriceWaiter Extension and PriceWaiter, to understand our practices.

Content Disclaimer

Without limiting the disclaimer of warranties set forth below, all PriceWaiter Extension Content is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. PriceWaiter is not liable for any inaccuracies, errors, omissions or miscalculations in any of the PriceWaiter Extension Content, nor are we liable for your reliance on the PriceWaiter Extension Content, or any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. PriceWaiter is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in PriceWaiter Extension Content.

Disclaimer Of Warranties And Limitation Of Liability

PRICEWAITER AND ITS VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRICEWAITER EXTENSION, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THE PRICEWAITER EXTENSION, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THE PRICEWAITER EXTENSION. ALL INFORMATION AND USE OF THE PRICEWAITER EXTENSION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

PRICEWAITER AND ITS VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE PRICEWAITER EXTENSION, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRICEWAITER EXTENSION, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE PRICEWAITER EXTENSION OR INFORMATION PROVIDED BY THE PRICEWAITER EXTENSION, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE PRICEWAITER EXTENSION OR ANY WEBSITES LINKED TO OR FROM THE PRICEWAITER EXTENSION. YOUR USE OF THE PRICEWAITER EXTENSION IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

PRICEWAITER AND ITS VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THE PRICEWAITER EXTENSION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE PRICEWAITER EXTENSION IS FREE OF ERRORS, OR OTHER HARMFUL COMPONENTS.

IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

UNDER NO CIRCUMSTANCES SHALL PRICEWAITER OR ITS VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE PRICEWAITER EXTENSION, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE PRICEWAITER EXTENSION, THE PRODUCTS OR SERVICES LISTED THROUGH THE PRICEWAITER EXTENSION, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRICEWAITER EXTENSION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PRICEWAITER OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to defend, indemnify, and hold harmless PriceWaiter, its vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to the PriceWaiter Extension, or any services, information or products from the PriceWaiter Extension; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; and (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right. This defense and indemnification obligation will survive your use of the PriceWaiter Extension. PriceWaiter reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.

Legal Compliance

PriceWaiter may suspend or terminate this Agreement or a user's use immediately upon receipt of any notice which alleges that a user has used the PriceWaiter Extension for any purpose that violates any local, state, federal or law of other nations. In such event, PriceWaiter may disclose the user's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and PriceWaiter shall not be liable for damages or results thereof and user agrees not to bring any action or claim against PriceWaiter for such disclosure.

This Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of PriceWaiter. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Transfer Of Rights

This Agreement, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by PriceWaiter without restriction.

Choice Of Law And Forum

PriceWaiter is a limited liability company formed under the laws of the State of Tennessee. The PriceWaiter Extension (excluding third party linked websites) can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the PriceWaiter Extension and applicable law. As each of these places has laws that may differ, by accessing the PriceWaiter Extension, both you and PriceWaiter agree that the statutes and laws of the State of Tennessee shall apply to any actions or claims arising out of or in relation to this Agreement or your use of the PriceWaiter Extension, without regard to conflicts of laws principles thereof. You and PriceWaiter also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Tennessee and any legal proceedings shall be conducted in English. PriceWaiter makes no representation that materials on the PriceWaiter Extension are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

OUR ADDRESS

PriceWaiter.com, LLC.
426 Market Street
Chattanooga, TN 37421
http://www.PriceWaiter.com