Terms of Use

Last updated January 14, 2021

Introduction

These Terms of Use (the "Agreement") are between you and Pricepulse Science LLC ("Pricepulse") and govern your access to and use of the Pricepulse mobile application ("Pricepulse Mobile App"), the Pricepulse browser extension, the Pricepulse website located at www.pricepulse.app and all other Pricepulse-branded websites (each, a "Website"), and other software applications and online services provided by Pricepulse (collectively, the "Service").

Users Based Outside the United States

If you are based in Canada, Australia, New Zealand, India, Mexico, or Brazil, you agree to the applicable supplement terms that are included at the end of this Agreement, so please review them carefully.

Accepting the Terms

By using any portion of the Service, you agree to comply with and be bound by this Agreement. This Agreement applies to you regardless of whether you are a "Member" (which means you have created an account with Pricepulse) or are a "Visitor" (which means that you are using the Service but have not created an account with Pricepulse). The term "you" or "User" refers to a Visitor or a Member. The term "we" or "our" refers to Pricepulse. You must be an individual and at least 18 years old, or the age of majority in your state or country of residence, to use the Service. You may not use the Service or accept this Agreement if you are not of a legal age and able and competent to form a binding contract with Pricepulse. If you use the Service, you represent that you have the capacity to be bound by this Agreement. The Service is for personal, non-commercial use. You agree that you are not using the Service for or on behalf of any third-party or for any commercial purpose.

THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. BY USING THE SERVICE, YOU AGREE TO THESE PROVISIONS.

Amendments of this Agreement

Pricepulse may amend this Agreement or other policies that govern the Service from time to time. Any changes to the Agreement will be posted on the Website, and the posted Agreement will indicate the date the Agreement was last revised. If you do not agree to the changes, you must uninstall any applicable Pricepulse software and stop using the Service. By continuing to use the Service after any changes to this Agreement, you agree to be bound by those changes.

Privacy and your Personal Information

The Service is subject to Pricepulse's privacy and data protection practices (our "Privacy Policy"). Please read Pricepulse's Privacy Policy found at www.pricepulse.app/privacy. Our Privacy Policy explains how Pricepulse collects, uses and shares your information when you visit our Website, use the Mobile App or otherwise access the Service. By using the Service, you consent to Pricepulse's collection, use, and sharing of your information as set forth in our Privacy Policy.

Description of the Service

The Service includes a suite of tools that allows Users to search for deals, coupons and exclusive offers, and to learn pricing and product information, in order to help make more informed purchase decisions. As described in more detail below, Members can also use the Service to earn Pricepulse Gold. Pricepulse offers a variety of ways to access aspects of our Service, including the Website, browser extension and Pricepulse Mobile App. Not all aspects of our Service will be available through all access channels. For example, some aspects of our Service are only available through the Pricepulse Mobile App. In addition, you must become a Member to access some portions of our Service, including to earn and redeem Pricepulse Gold.

Pricepulse does not charge fees to you for its Service. We try and locate the best publicly available discounts and coupons, track low product pricing and negotiate exclusive offers that may be better than any publicly available deal. We make money to sustain the Service when you purchase or engage with these offers.

While we try and find you the best available discounts and coupons, and to identify low prices, we may not always find you the best deal. Pricepulse is not responsible for any missed savings or rewards opportunities.

While we attempt to provide accurate descriptions for the products, offers, discount codes, sales and other information shown within or through the Service, much of the information we display is provided by third-parties that we do not control. We do not warrant that the product descriptions or related merchant information or terms shown through the Service (including the browser extension, Website, Pricepulse Mobile App or emailed offers) are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Pricepulse Website or Mobile App at a particular time does not imply or warrant that these products will be available at any other time.

Merchant Websites and Purchases

The Service allows you to view information about products listed for sale by third-party merchants online, find offers on those products, and track pricing information. Pricepulse may provide product information and savings opportunities through our browser extension when you are on a third-party merchant's website. You may also reach a third-party merchant website through a link from the Pricepulse Website or emailed offer, or a merchant website may be displayed to you through your Pricepulse Mobile App. However, in all cases any merchant product will be purchased directly from the merchant and through the merchant's website. You are not buying the product from or through Pricepulse. Pricepulse is not a re-seller or distributor of any products of third-party merchants displayed within the Pricepulse Mobile App or that you may access through a link provided by Pricepulse or view using the Service. The only items you may be able to purchase from Pricepulse are certain gift cards as described in the Gift Cards Purchased From Pricepulse section below.

Merchant Returns

If you are unhappy with your merchant product purchase, if you wish to return your merchant product, if you ordered a merchant product and it has not arrived, or if you have another customer service inquiry regarding your purchased merchant product, you will need to contact the third-party merchant from whom you purchased the product. Pricepulse is not involved in your merchant product purchase and is not able to assist with any customer service inquiries or returns related to that purchase. To assist you with customer service concerns, Pricepulse may, for some merchants, include the merchant's contact information within the Pricepulse Mobile App.

Pricepulse Offers and Third-Party Links

Pricepulse may display to you "Pricepulse Offers" and other personalized and non-personalized pricing and product information regarding goods and services offered by third-party merchants. These offers and product information may be provided in several ways, including as links to third-party websites or as coupons or discount codes you can apply to your purchase of products offered by third-party merchants. In order to improve our services, Pricepulse may track how you use the services we provide, including whether you click-on Pricepulse links to third-party websites, your actions on those third-party merchant websites, and whether you use the discount or coupon codes displayed by Pricepulse.

Pricepulse Is Not Responsible for Third-Parties

All products you purchase from a third-party merchant, including those linked from the Pricepulse Website or Pricepulse emailed offer, or displayed through the Pricepulse Mobile App or through the Pricepulse browser extension, are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Pricepulse. Pricepulse is not responsible for any third-party merchant products or any information contained on the merchant's website (including if the merchant's website is displayed through the Pricepulse Mobile App).

You agree that your purchase from a third-party merchant is subject to the merchant's own terms and conditions applicable to such purchase. You agree that Pricepulse is in no way responsible or liable to you for any products you purchase through or using the Service, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that Pricepulse is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.

Pricepulse does not endorse, warrant or guarantee the products or services that are displayed through the Service, including through Pricepulse Offers and other advertised links to third-party websites. Pricepulse is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites or the products or services available on them. Pricepulse does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, best terms or lowest rates available in the market.

When you access third-party websites through our Service, you accept that there are risks in doing so, and that Pricepulse is not responsible for such risks. We encourage you to be aware when you are on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Pricepulse has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party that you interact with through the Service. In addition, Pricepulse will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If you have a dispute with any third-party (including a merchant from whom you purchase a product in connection with the Service), you agree that Pricepulse is under no obligation to become involved. To the maximum extent permitted by applicable law, you release Pricepulse, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a third-party in connection with the Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Gift Cards Purchased From Pricepulse

Pricepulse may offer you the opportunity to buy gift cards for third-party merchants from Pricepulse through the Pricepulse Website, browser extension or Pricepulse Mobile App, some of which may be offered at a discount. You may then be able to use the gift card to purchase merchandise from the third-party merchant in accordance with the terms of the applicable gift card program.

When you purchase a gift card from Pricepulse, you represent and warrant that you have the legal right to use the payment method you provide to us, including, without limitation, any credit card you provide when making a transaction.

Please note that if you purchase a gift card from Pricepulse and use that gift card to make a merchant purchase, you may not receive the same rewards through your credit or debit card (for example, 2x points or 5% back) that you would receive if you purchased the product from the merchant without the use of the gift card.

Third-party gift cards made available for purchase from Pricepulse are subject to the terms and conditions of the applicable merchant and/or the merchant's card issuer. Gift cards and card balances are maintained by the merchant or its card issuer and not by Pricepulse. You agree that Pricepulse is not responsible for any gift card program and makes no representations or warranties regarding the gift cards available through Pricepulse or the products and services you purchase with any such gift card. All gift card sales are final and non-refundable.

When you purchase a gift card from Pricepulse we may store your payment information for future purchases from Pricepulse. You can delete your payment information in your account settings.

Using the Pricepulse Mobile App from Apple App Store and Google Play Store

The Pricepulse Mobile App works on an application linked to a particular device and operating system, such as Apple's iOS operating system. Your use of the Pricepulse Mobile App may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service (which we collectively refer to as "Covered Third Parties"). You agree to comply with all applicable third-party terms of service when using the Pricepulse Mobile App. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and Pricepulse, not with any Covered Third Party. You acknowledge and agree that we (and not any Covered Third Party) are solely responsible for the Pricepulse Mobile App and for providing any maintenance or support services for the Pricepulse Mobile App.

Covered Third Parties have no warranty obligations whatsoever with respect to the Pricepulse Mobile App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Pricepulse Mobile App to conform to any warranty provided by us, if any, will be our sole responsibility.

We, not any Covered Third Parties, are responsible for addressing any claims relating to the Pricepulse Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Pricepulse Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

If you are using the Pricepulse Mobile App on an Apple or Google device, you acknowledge and agree that Apple or Google (as applicable), and their subsidiaries (as applicable), are third party beneficiaries of this Agreement, and that they will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Pricepulse Mobile App.

To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this section, the terms and conditions in this section apply, but solely with respect to your use of the Pricepulse Mobile App downloaded from the Apple App Store or Google Play Store.

Account Information from Third Party Sites

When you establish an account with Pricepulse, we may allow you to register your account, log-in, or otherwise link your Pricepulse account with an account you maintain with a third-party, such as Facebook or Google ("Linked Account"). You represent that any Linked Account belongs to you and you are permitted to link it to your Pricepulse account. Pricepulse does not control the policies and practices of any third-party site or service, including any Linked Account you connect to the Service and Pricepulse is not responsible for any actions or omissions of providers of a Linked Account, including related to accuracy, legality or non-infringement. Pricepulse is not responsible for the products and services offered by or through your Linked Account. If permitted by your Linked Account, Pricepulse may import information from your Linked Accounts to help better offer the Service to you.

Pricepulse Gold Program

We may from time to time make our loyalty rewards points, "Pricepulse Gold," available to you when you complete certain actions through our Service. When Pricepulse Gold loyalty rewards are available for a particular action, it will be indicated within our Service. You must be a Member to participate in Pricepulse Gold.

The most common way for you to earn Pricepulse Gold loyalty rewards is by making a purchase from one of the participating third-party merchants while using our Service. Pricepulse Gold is not available for all merchants or items.

If a merchant site is participating in the Pricepulse Gold program, you can earn Pricepulse Gold loyalty rewards based on the eligible items that you purchase. We may display to you a maximum amount of Pricepulse Gold loyalty rewards points which you may earn in connection with a merchant and/or purchase, or a percentage reward range based on that merchant site and/or your purchase (for example, up to 1,000 Pricepulse Gold, or 1-4% of the subtotal of eligible items). If displaying a percentage reward range, the percentage is applied to the subtotal of eligible items purchased from a participating merchant, excluding tax or any additional fees such as shipping. You can only earn Pricepulse Gold loyalty rewards on eligible purchases, and certain items, product categories, and purchases are ineligible for Pricepulse Gold. Exclusions vary by merchant. If there are no eligible items in your cart, you will not earn any Pricepulse Gold loyalty rewards. We won't be able to determine if the items you have purchased are eligible for Pricepulse Gold loyalty rewards until after you make your purchase.

Actual reward amounts will be assigned by Pricepulse in its sole discretion based on your eligible items after you complete your purchase, but, subject to the terms of this Agreement and provided all of your items are eligible, will fall within the range or up to the maximum amount disclosed to you, and will be based on a number of factors of our choosing, which may include random chance.

Pricepulse Gold loyalty rewards will appear as pending in your Account Overview, generally within 2-14 days of completing your eligible purchase, although this may vary based on the transaction and merchant. This will occur before we have verified that all items of your purchase are eligible for Pricepulse Gold. Pricepulse Gold loyalty rewards will remain pending for approximately 60-90 days (although this varies based on merchant and may be longer in some instances). If part or all of your purchase is ineligible for Pricepulse Gold, or if you do return all or part of your purchase or receive a refund on it, the amount of Pricepulse Gold loyalty rewards you have earned, whether or not showing as "pending," will be reduced accordingly based on the new subtotal of eligible items. You will not earn Pricepulse Gold loyalty rewards for any items that you return or for which you receive a full refund on. Pricepulse Gold which is pending cannot be used or redeemed. You'll be able to see in your Account Overview when Pricepulse Gold is no longer pending and becomes available to redeem.

We are able to provide Pricepulse Gold to you based on the commissions paid to us by third-party merchants in connection with your purchases. As such, we can only provide Pricepulse Gold to you when an action is successfully completed and tracked and after we are paid the relevant commission by the third-party merchant. If we are unable to recover payment from the relevant third-party merchant, then Pricepulse may choose not to provide the Pricepulse Gold loyalty rewards associated with that transaction to you. This includes instances where there are difficulties in tracking a transaction due to your use of an ad blocker or another service similar to Pricepulse. This could occur if, for example, you have downloaded another browser extension that provides a service similar to Pricepulse or navigated to a merchant site by clicking on a link from another website that provides discount codes or price tracking services.

If you have questions or issues in connection with earning Pricepulse Gold loyalty rewards for your transaction, please contact us at [email protected]. We may require you to provide copies of your order confirmation, order number, or other proof of purchase. We may elect to provide you Pricepulse Gold in our sole discretion based on the information you provide.

Provided your account is in good standing, once you accumulate enough Pricepulse Gold loyalty rewards, you can redeem Pricepulse Gold for a merchant gift card through the Service. You must collect a minimum amount of Pricepulse Gold loyalty rewards, as disclosed within our Service, prior to being eligible for redemption. Selection of merchant gift cards may vary based on availability. Use of a third-party merchant gift card at a selected merchant will be subject to the merchant's and/or the gift card issuer's own terms of service. All redemptions are final. We may place other limitations on your ability to redeem Pricepulse Gold loyalty rewards. We may change the price, redemption-rate or availability of any item for which you may redeem Pricepulse Gold loyalty rewards in our sole discretion and without prior notice.

Pricepulse Gold cannot be purchased, is not money and has no monetary value. Pricepulse Gold cannot be redeemed for money. Pricepulse Gold can be redeemed for gift cards and other goods and services that we may disclose to you from time to time. Pricepulse Gold is not transferrable and can expire as further explained below. Pricepulse reserves the right at any time to cancel, modify, or restrict any aspect of our Pricepulse Gold program, including any point redemption ratios, redemption offers, expiration terms, etc. Pricepulse reserves the right to apply such changes retroactively to Pricepulse Gold loyalty rewards already accrued. You agree that Pricepulse has the right to limit the quantity of Pricepulse Gold loyalty rewards you may earn, refuse to provide you Pricepulse Gold, or otherwise modify, restrict or eliminate your ability to earn or redeem Pricepulse Gold in our sole discretion and without prior notice to you.

Expiration of Pricepulse Gold

To maintain your Pricepulse Gold loyalty rewards, you must earn at least 10 Pricepulse Gold points during each consecutive 12-month period (for example, from April of this year to April of next year). This means that, to the maximum extent permitted by applicable law, if you have not earned at least 10 new Pricepulse Gold loyalty rewards points in the last 12 months, Pricepulse has the right to reset your Pricepulse Gold balance to zero (0). To the maximum extent permitted by applicable law, you agree that any disputes about whether your Pricepulse Gold loyalty rewards points should expire will be resolved by Pricepulse in its sole discretion, and you agree to abide by Pricepulse's resolution of such dispute.

If your Pricepulse account is closed, any Pricepulse Gold balance associated with your account will immediately and permanently expire.

Referral Program

Pricepulse may, from time to time, allow you to earn Pricepulse Gold loyalty rewards in connection with taking actions to promote the Service, including by referring a friend to the Service ("Referral Program"). To be eligible to earn Pricepulse Gold through the Referral Program (i) you must refer a new user to the Service by providing your personalized link, (ii) the new user must use your link to create a user account and become a Member and (iii) the new user must make a qualifying purchase using their Member account and earn Pricepulse Gold.

You may not attempt to earn Pricepulse Gold loyalty rewards in connection with the Referral Program through fraud, deceit, or artificial or illegal means, including by creating multiple or duplicate accounts, engaging in a bot network, spam, advertising or any paid promotional channel. We reserve the right, in our sole discretion, to withhold Pricepulse Gold for any reason in connection with the Referral Program with or without cause. We may also limit, in our sole discretion and without prior notice, the amount of Pricepulse Gold loyalty rewards you may earn through the Referral Program or any aspect thereof. Failure to comply with this Agreement or any fraudulent or abusive actions may result in the removal of Pricepulse Gold from your account, and may also result in Pricepulse suspending or closing your account and/or suspending or terminating your access to the Service.

Your Log-In and Account Information

You agree and understand that you are responsible for maintaining the confidentiality of your Log-in ID, email address, password and any other personal identifying information or other codes used to access your Pricepulse account or the Service ("Log-In Information"). If you become aware of any unauthorized use of your Log-In Information, you agree to notify Pricepulse immediately.

Accurate records enable Pricepulse to provide the Service to you. You agree to keep your email address, your other contact information and any payment information in your Pricepulse account profile accurate and up-to-date. If you do not do this, the accuracy and effectiveness of the Service to you will be affected and you may not receive account notices that we deliver to you. If you fail to keep your contact information updated, you will still be deemed to have received any notices we deliver to the email address you last provided.

Electronic Notices

By providing us with your email address, you agree to receive all account related notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile and /or click "Unsubscribe" in any e-mail communications we send you.

Electronic Notifications

Pricepulse may provide you with electronic notifications by email, push notification or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or password.

Other types of notifications are voluntary and may be modified through the Service. They may be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your account. Pricepulse may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service. You may also be able to modify how you receive push notifications through your mobile device by changing your mobile device settings.

Electronic notifications will be sent to the email address you have provided as your primary email address for the Service.

Because notifications are not encrypted, we will never include your password. However, notifications may include your Pricepulse login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. While you may disable certain voluntary notifications, we will still send you Service-related notices as needed to allow us to provide you the Service.

Pricepulse's Intellectual Property Rights

The contents of the Service, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to Pricepulse or its software or content suppliers. Pricepulse grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at [email protected].

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, Pricepulse hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Service (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.

You agree that Pricepulse may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy).

Technology Disclaimer

Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Pricepulse. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.

You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Pricepulse Mobile App. We do not guarantee that the Pricepulse Mobile App can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the Pricepulse Mobile App will be available in, or that orders for products can be placed from, any particular geographic location.

Pricepulse cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Pricepulse cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Rules for Posting Content

As part of the Service, Pricepulse may allow Users to post content on various publicly available locations in the Service ("User Content"). You agree in posting User Content to follow the following rules:

You are responsible for all User Content you submit to the Service.

By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

Prohibited Activities

You represent, warrant, and agree that you will not contribute any content or otherwise use the Service or interact with the Service in a manner that:

Disclaimer of Representations and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Pricepulse MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Pricepulse MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Pricepulse MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.

Notification Disclaimer

You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. Pricepulse does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Pricepulse shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.

Limitations on Pricepulse's Liability

Pricepulse SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF Pricepulse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Pricepulse'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Pricepulse SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

Your Indemnification of Pricepulse

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 963 E. 4th Street, Los Angeles, CA 90013.

As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND Pricepulse ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.

If you do not want to arbitrate disputes with Pricepulse and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to [email protected] within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Forum for Disputes

This Agreement, and your relationship with Pricepulse under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Pricepulse, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Pricepulse may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Pricepulse is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Pricepulse, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Copyright Disputes and User Content

You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Pricepulse, being asked to remove user generated material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, visit here. To learn more about the DMCA, visit here.

Consumer Rights Notices

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.

Maryland Consumer Rights Notice. For Members using Pricepulse's checkout with gift card service, the Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding our service provider Blackhawk Network California, Inc. (Lic# 1044077) at: Office of the Commissioner of Financial Regulation 500 N Calvert Street, Suite 402 Baltimore, Maryland 21202, or by telephone at (888) 784-0136.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Pricepulse does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Pricepulse has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pricepulse's rights and that those rights or remedies will still be available to Pricepulse.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

The term "including" in this Agreement means "including but not limited to."

Contact Us

Pricepulse welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at [email protected] or writing us at 963 E. 4th Street, Los Angeles, CA 90013.

Supplemental Terms for Users Accessing or Using Our Service in Canada, Australia or New Zealand

Canada

If you are accessing or using our Service in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Service in Canada:

Application of the Canadian Provincial Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.

Governing Law for Consumers Residing in Quebec. If you reside in Quebec, the Agreement will be governed by the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws.

Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and third-parties' goods and services that may be of interest to you.

Jurisdiction. Except as otherwise agreed by the parties, you agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario, and if you reside in Quebec, to the courts of Quebec, for the purpose of any suit, action or other proceeding arising out of this Agreement.

Australia

If you are accessing or using our Service in Australia, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Service in Australia:

Application of the Australian Consumer Law. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law, including the Australian Consumer Law, if applicable.

Indemnity. You will not be obliged to indemnify Pricepulse under the section titled ‘Your Indemnification of Pricepulse' to the extent that any claims and expenses arise from the negligence or wilful misconduct of Pricepulse, its officers, directors, shareholders and employees.

Modification. Where Pricepulse modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.

Pricepulse Gold. Except in the event of fraud, any cancellation, modification or restriction of any aspect of our Pricepulse Gold rewards program will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.

Marketing and communications. Subject to your right to unsubscribe under ‘Your Registration Information', you consent to receiving, and our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, Pricepulse Offers, personalized links or other electronic notifications, which may be of interest to you.

Collection notice and consent. You acknowledge and agree that our Privacy Policy explains how, and the purposes for which we will collect, use, disclose and handle your personal information; how to access and seek correction of your personal information; how you can lodge a complaint regarding the handling of your personal information; and how we will handle any such complaint. If you do not provide us with relevant personal information, we may not be able to provide you with access to parts of the Service. You acknowledge that your personal information may be disclosed to our related entities and to third parties that help us deliver our Service (subject to and in accordance with our privacy policy), including parties located outside of Australia, such as in the United States and the European Union.

Jurisdiction. You submit to the exclusive jurisdiction of the Courts of Australia in relation to this agreement.

New Zealand

If you are accessing or using our Service in New Zealand, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Service in New Zealand:

Application of New Zealand consumer laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of mandatory provisions of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.

Indemnity. You will not be obliged to indemnify Pricepulse under the section titled ‘Your Indemnification of Pricepulse' to the extent that any claims and expenses arise from the negligence or other unlawful act or omission of Pricepulse, its officers, directors, shareholders and employees.

Modification. Where Pricepulse modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.

Pricepulse Gold. Except in the event of fraud, any cancellation, modification or restriction of any aspect of our Pricepulse Gold rewards program will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.

Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and/or third-parties' goods and services that may be of interest to you. We will comply with all applicable legal requirements in relation to the electronic messages we send you, and will ensure that any text messages you receive are not billed to you unless you have specifically consented to the associated fees and charges.

Jurisdiction. You submit to the exclusive jurisdiction of the Courts of New Zealand in relation to this agreement.

India

If you are accessing or using our Service in India, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Service in India:

Governing Law and Arbitration. This Agreement is governed by the laws of India. Notwithstanding anything contained in the Section titled "Governing Law and Forum for Disputes," if you are a User based in India, any controversy, conflict or dispute of any nature arising out of or relating to or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, shall be settled finally by arbitration. The seat of the arbitration shall be Mumbai and the proceedings shall be conducted in English. The arbitration shall be conducted and finally settled by a single arbitrator to be mutually agreed in writing. The arbitrator shall give a reasoned decision or award, including as to the costs of the arbitration, which shall be final and binding. Each Party shall bear and pay its own costs, expenses, fees, disbursements and other charges of its counsel, in connection with the arbitration proceedings except as may be otherwise determined by the arbitrator.

Under no circumstances will you be entitled to withdraw the amount corresponding to Pricepulse Gold or any other reward points awarded to you, into your bank account, any payment instruments or otherwise ask for a withdrawal in the form of cash, bank draft or in any other manner. The amount corresponding to Pricepulse Gold and any other loyalty reward points awarded to you can only be applied for purchase of gift cards from our partner institutions, which can be used for purchase of eligible goods or services from such partners.

The gift cards purchased by you using Pricepulse Gold are issued by the third-party merchants having an arrangement with us, and are not issued, operated or managed by Pricepulse. Accrual of Pricepulse Gold to you is at all times linked to purchase of goods and services by you from the third-party merchants or undertaking other identified actions such as creating an account, updating account information, etc. Under no circumstances, will you be able to separately purchase Pricepulse Gold against payment of legal currency. We reserve the right to employ reasonable technological and other methods to prevent misuse of this scheme. Further, you acknowledge that Pricepulse's decision to take certain actions, including limiting access to your offer, may be based on confidential criteria that is essential to our management of risk, the security of users' accounts, comply with applicable laws and otherwise protect the Pricepulse system. You agree that Pricepulse is under no obligation to disclose the details of its risk management or its security procedures to you.

Mexico

If you are accessing or using our Service in Mexico, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Service in Mexico:

Application of Mexican Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Mexican consumer laws, including any applicable statutory consumer guarantees and rights, contained in Mexican law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.

Governing law and jurisdiction. If you reside in Mexico, the Agreement will be governed by and interpreted in accordance with the federal laws of Mexico. Except as otherwise agreed by the parties, you agree to irrevocably submit to the jurisdiction of the courts located at Mexico City, with express waiver of any other court, however privileged they may be, for the purpose of any suit, action or other proceeding arising out of this Agreement or your use or access of our Services.

Available Services. Pricepulse extension for web browsers and Pricepulse Gold will be the only Services available to residents of Mexico. Additional services or functionality may be added at a later date, in Pricepulse's sole discretion.

Commercial Electronic Messages. We will comply with all applicable laws in relation to the electronic messages we send you and will obtain your consent where required to send electronic notifications, push messages or emails about our own and/or third-parties' goods and services.

Collection notice and consent. The Pricepulse Privacy Policy explains the purposes for which and how we will collect, use, disclose and handle your personal information, including sharing with third parties. It explains how you may enforce your rights, including access to and correction of your personal information; how you can lodge a complaint regarding the handling of your personal information and how we will handle any such complaint.

Brazil

If you are accessing or using our Service in Brazil, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Service in Brazil:

Application of the Brazilian Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Brazilian consumer laws, including any applicable statutory consumer guarantees and rights, contained in Brazilian law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.

Governing law and jurisdiction. If you reside in Brazil, the Agreement will be governed by and interpreted in accordance with the laws of Brazil. Except as otherwise agreed by the parties, you agree to irrevocably submit to the jurisdiction of the courts of the City of São Paulo, State of São Paulo, with express waiver of any other court, however privileged they may be, for the purpose of any suit, action or other proceeding arising out of this Agreement or your use or access of our Services.

Available Services. The Pricepulse extension for web browsers and Pricepulse Gold will be the only Services available to residents of Brazil. Additional services or functionality may be added at a later date, in Pricepulse's sole discretion.

Commercial Electronic Messages. We will comply with all applicable laws in relation to the electronic messages we send you and will obtain your consent where required to send electronic notifications, push messages or emails about our own and/or third-parties' goods and services.

Collection notice and consent. The Pricepulse Privacy Policy explains the purposes for which and how we will collect, use, disclose and handle your personal information, including sharing with third parties. It explains how you may enforce your rights, including access to and correction of your personal information; how you can lodge a complaint regarding the handling of your personal information and how we will handle any such complaint.