Terms Of Service

ACCEPTABLE USE & TERMS OF USE

Thank you for your interest in PriceWaiter.com. PriceWaiter LLC and/or its affiliates (“PriceWaiter”) provide website features to you subject to these conditions If you visit or shop at PriceWaiter.com, you accept these conditions.

LICENSE AND SITE ACCESS

PriceWaiter grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PriceWaiter. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PriceWaiter. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PriceWaiter without express written consent. You may not use any meta tags or any other “hidden text” utilizing PriceWaiter’s name or trademarks without the express written consent of PriceWaiter. Any unauthorized use terminates the permission or license granted by PriceWaiter. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PriceWaiter.com so long as the link does not portray PriceWaiter, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PriceWaiter logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PriceWaiter does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use PriceWaiter.com only with involvement of a parent or guardian. PriceWaiter reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PriceWaiter reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PriceWaiter a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PriceWaiter and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PriceWaiter for all claims resulting from content you supply. PriceWaiter has the right but not the obligation to monitor and edit or remove any activity or content. PriceWaiter takes no responsibility and assumes no liability for any content posted by you or any third party.

PRIVACY

Please review our Privacy Notice, which also governs your visit to PriceWaiter.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit PriceWaiter.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS

PriceWaiter.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of PriceWaiter in the U.S. and/or other countries. PriceWaiter’s trademarks and trade dress may not be used in connection with any product or service that is not PriceWaiter’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PriceWaiter. All other trademarks not owned by PriceWaiter that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PriceWaiter.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PriceWaiter or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PriceWaiter and protected by U.S. and international copyright laws. All software used on this site is the property of PriceWaiter or its software suppliers and protected by United States and international copyright laws.

COPYRIGHT COMPLAINTS

PriceWaiter respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the steps below. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PriceWaiter.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PriceWaiter that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the transaction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • 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.

PriceWaiter.com’s Agent for notice of claims of copyright infringement on its site can be reached as follows:

Miller & Martin
Attn: PriceWaiter Legal Counsel
832 Georgia Avenue
Suite 1000 Volunteer Building
Chattanooga, TN 37402

PRICEWAITER IS NOT THE SELLER

You acknowledge and agree that PriceWaiter is not the seller in any transaction you consummate on PriceWaiter.com. 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 other seller, retailer or users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auction or a retail store. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, 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. Further, we cannot guarantee continuous or secure access to 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 our sites, services and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under PriceWaiter Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.

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 of this site is accurate, complete, reliable, current, or error-free. If a product offered by PriceWaiter itself is not as described, your sole remedy is to return it to the seller in unused condition.

OTHER BUSINESSES

Parties other than PriceWaiter sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. PriceWaiter does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PRICEWAITER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PRICEWAITER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRICEWAITER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRICEWAITER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM PRICEWAITER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICEWAITER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

RELEASE

If you have a dispute with one or more selling retailers or users, you release us (and our 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.

DISPUTES

Any dispute or claim relating in any way to your visit to PriceWaiter.com or to products or services purchased through PriceWaiter.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Likewise, PriceWaiter will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

APPLICABLE LAW

By visiting PriceWaiter.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PriceWaiter.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to PriceWaiter.com. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

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