Terms of Service

These Terms form a binding contract between you and PriceHero Inc. (“PriceHero”). If you use the service on behalf of an entity, the legal entity agrees to these Terms. These Terms including any policies or guidelines incorporated by reference are a legally binding agreement (“this Agreement”) between you (and any entity by virtue of your actions) and PriceHero. When this Agreement refers to “you” or “your,” such means you individually and the entity exercising rights under this Agreement through you. When referring to “we,” “our,” or “us,” such means PriceHero.

By accessing and/or using PriceHero, including the PriceHero platforms and related content, features, tools, and services, as well as the mobile platforms and applications in any format or on any device (the “Service” or “Services”), you agree to the Agreement. If there is anything in these Terms that a user cannot or won’t comply with, then unfortunately the user may not use or access pricehero.com and its associated websites (“PriceHero Sites”) or the Service, and thus must cease doing so, and further in such case PriceHero has the right to terminate the applicable Account(s).

The Service provides an online marketplace where shoppers can purchase goods (“Shoppers” or “Users”) sold by sellers (“Sellers”). By using the Service, Sellers and Sellers enter into a contract for the sale and purchase of goods (“Goods”) directly between themselves, and PriceHero is not a party to such sale or purchase (“Transaction”). Sellers are the merchant/seller of record in Transactions; PriceHero is not the merchant/seller of record in Transactions.

Minors

Individuals under the age of 13 are not allowed to use or access PriceHero or the Services. Any individual over the age of 13 and under the age of 18 is considered a minor (“Minor”). Minors may use or access PriceHero or the Services only if they have full permission from and supervision by a parent or legal guardian, who is legally responsible for all access and use of PriceHero and the Services by or on behalf of the Minor.

Accurate Information

You must create an account with PriceHero to access and/or use the Services (“Account”). If you are creating an Account on behalf of an entity, then you represent and warrant that you have full authority to do so. All information you provide to PriceHero via an Account or otherwise must be true and accurate and not false or misleading. PriceHero has the right to verify the accuracy of information provided by you, by among other things requiring verification information and documentation. If such information or documentation is not fully supplied in PriceHero’s sole discretion, or if any information is false or misleading, PriceHero may terminate the applicable Account(s).

Password

The User is responsible for keeping passwords and login information confidential and will not allow unauthorized users to access the corresponding Account using such password or login information. If you suspect or are aware of unauthorized use or access of an Account or other breach of security, you will notify PriceHero immediately.

Account Responsibility

You (and parents/guardians of Minors) are responsible for any use, access and activity on your Account.

Account Transfers

Accounts may not be transferred, sold, assigned or disposed of to a third party without prior written consent from PriceHero.

Concerning information about you, see our Privacy Policy.

You may only access and use the Services if you comply with this Agreement and applicable law, rule and regulations. If you do not so comply, then we can terminate your Account or take other legal action.

Interactions with Other Users

PriceHero allows you to interact with other Users, provided such interaction is consistent with these Terms. You release us from all liability relating in any way to your interactions with other Users, whether on the PriceHero Sites or otherwise, and you assume all risk of such interaction. You are solely responsible and liable for your actions or failures to act in your use and access of the Services, including buying, transacting, and interacting with other Users on PriceHero or via the Services.

Follow the Agreement and applicable law

Regarding use and/or access of the Services, you must comply with this Agreement and all applicable laws, rules and regulations. Without limiting the foregoing, you shall not:

post or list any content that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior;

violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by PriceHero in its sole discretion, that may be applicable to your use of the Services;

create any derivative works of, modify, or reverse engineer any part of the PriceHero Sites or the Services;

interfere with, disrupt, negatively affect, or inhibit Users from full access or use of the PriceHero Sites or our Services, or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Services infrastructure or the networks connected to the Services;

promote any illegal activity or enterprise;

stalk, harass, bully, impersonate, or solicit information unrelated to a listed product from anyone;

copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data from the PriceHero Sites or the Services;

buy, sell or transmit anything you do not have a right to buy, sell or transmit;

pose a privacy or security risk to the Services or any User;

infringe anyone’s intellectual property;

spam any Users with email, junk mail, fraud, schemes, or the like;

collect or harvest any information or data from PriceHero’s systems or attempt to decipher any transmission to or from the servers running the Services;

use the contact information of any User of the Service for any purposes other than in relation to: (a) receiving the Services and (b) any transactions between Users;

use the Services in any way that is contrary to PriceHero’s public image, goodwill, or reputation;

express or imply that any of your statements, activities, or causes are endorsed by PriceHero, without PriceHero’s prior written consent in each instance.

create multiple accounts for any reason;

transmit or upload viruses, worms, or otherwise interfere with the Services; and/or take any action or inaction which PriceHero, in its sole judgment, believes could cause harm or liability.

PriceHero may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Services, Content or Users, including termination of your Account and/or preservation of such information for investigative purposes. Enforcement of this section is solely at PriceHero’s discretion, and you agree that failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances

Feedback

We appreciate the thoughts, recommendations and ideas we receive concerning PriceHero Sites and Services. You acknowledge and agree that any comments, suggestions, recommendations, ideas, feedback, or other information about PriceHero, the Sites or the Service (“Feedback”), provided to PriceHero will not be confidential or proprietary, and PriceHero shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Mobile Devices and Other Third-Party Software

You can access the Services through a mobile or other device, but you will be responsible for any associated fees, such as from your wireless provider. If you use any third-party software in connection with the Service, then you must comply with such third party’s terms and conditions. If such compliance means you cannot comply with this Agreement, then you must not use PriceHero and its Sites.

Mobile Fees and Costs

When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You are solely responsible for such fees and will be solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s terms and conditions.

Application marketplaces

To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third party application marketplace, you acknowledge and agree that these Terms are solely between you and PriceHero, and if you access the Service through an app marketplace operating system, please review that system’s End User License Agreement, as that agreement is between you and that system provider.

You are responsible for the Content (as defined below) you provide or post (collectively, “Post”) through the Service and represent that you own the Content or have the right to use the Content. While you continue to own all your Content, you license the Content to us for our use, including to operate the Service and for our marketing purposes

Your Content is Your Responsibility

You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, and/or submit to or through the Service (excluding Account Information, “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties in PriceHero’s sole discretion. PriceHero has no control over, responsibility or liability for how other Users may use your User Content if you Post such.

You License Your Content to Us

By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to PriceHero and any affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by PriceHero, your User Content in connection with (i) the operation of the Service or any other products or services of PriceHero or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content

Third party IP

You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law, rule or regulation. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. User (not PriceHero) is responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.

You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against PriceHero with respect to such User Content.

User Content becomes Public

You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and is accessible and viewed by third parties; and (iii) PriceHero will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you have no right to and must not access or use the Service.

We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our name and logo or any other IP without PriceHero written permission.

PriceHero owns and retains all rights to our intellectual property. This includes but is not limited to the Service Content (as defined below) as well as the PriceHero name, logos, product or service names, slogans, trade dress, and any other PriceHero trademarks or service marks (“PriceHero Trademarks”). Other than Third Party Content (as defined below), all Content on the Service including its look and feel (“Service Content”) is owned by PriceHero or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of PriceHero Trademarks inures to our exclusive benefit. Any rights not expressly granted herein are reserved by PriceHero. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.

You may notify us if you believe your work has been infringed on the Service.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and with notice, the accounts of users who repeatedly infringe the intellectual property rights of others.

If you believe that anything on our Service infringes any of your intellectual property rights, including copyright that you own or control, please use our IP reporting form here or you may notify PriceHero at success@pricehero.com.

If you are submitting a notice under the DMCA, please see applicable law, including but not limited to 17 U.S.C. § 512(c)(3), for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our services is infringing, you may be liable to us for certain costs and damages.

You may have the ability to access or use services or content provided by third parties when using our Service. PriceHero is not responsible for such third party services or content, and third-party services will be governed by such third parties’ terms and conditions and policies.

Access to Third-Party Services

The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the PriceHero platform (“Third Party Services”). For example, services of social networks you send and receive information are Third Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. PriceHero does not control or endorse, and makes no representations or warranties regarding, any Third Party Services, and your access to and use of such Third Party Services is at your own risk. The terms of this Agreement and its Privacy Policy do not apply to your use of any such Third Party Services. You are solely responsible for your access or use of such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. PriceHero may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice.

Third Party and User Content

The Service contains images, descriptions and other Content posted by third parties including other Users (“Third Party Content”). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement.

PriceHero will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third Party Content. You acknowledge that PriceHero has no obligation to review, screen, or inspect any Third Party Content on the Service. However, PriceHero reserves the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third Party Content, including risks related to accuracy, completeness, or usefulness.

Your Risk

You assume certain risks in using a marketplace service such as PriceHero. PriceHero is not a participant in and provides no warranty for any transaction between a Shopper and a Seller, and PriceHero does not take legal title to any Items. You acknowledge and agree that PriceHero will not be considered a buyer or seller in any transaction conducted through the Service and that PriceHero is not a Seller, auctioneer, dropshipper, consignee, or a shipping carrier. PriceHero is not the merchant or seller of record in Transactions. The Seller on PriceHero is the merchant or seller of record in Transactions. As a Shopper, you assume all of the risks of purchasing Items through the Service.

Shoppers

As a Shopper, you are solely responsible for reading and reviewing an Item’s listing before making an offer for an Item or purchasing an Item. The contract to purchase is between you and the Seller and not between you and PriceHero. PriceHero is not the merchant or seller of record in the Transaction.

PriceHero does not physically evaluate items listed for sale and is not responsible for any item flaws or description inaccuracies. In the event of an issue with a purchase, such as an item not as described, please contact the Seller using the customer service contact information provided in the purchase confirmation that you receive from PriceHero. If the Seller has not responded within four (4) business days, or if you believe the Seller has not complied with our Shipping and Return policies in this Agreement, please contact PriceHero at success@pricehero.com.

Purchases

Once a Shopper makes an offer to purchase items that is accepted by the Seller, or a Shopper chooses to Buy Now an Item, such will be considered a purchase and a binding contract between the Shopper and Seller, except that:

in the case of accepted offers, due to the speed of shipping, Shoppers have up to 24 hours thereafter (from the date and time of the email notifying the Shopper of offer acceptance) to cancel the Transaction; and

a Shopper may return a purchased Item in qualifying circumstances set forth in these Terms

Once a Shopper makes an offer to purchase an Item, such is a legally binding offer; the offer cannot be canceled, retracted or rescinded; except that the Shopper may increase (but not decrease) the dollar amount of the Shopper’s offer, and/or the Shopper may increase (but not decrease) the number of units of the item offered at the Shopper’s price.

If a Shopper asks to “Get Notified” when a Seller is willing to sell an Item to the Shopper at the Shopper’s price, the Shopper may subsequently receive notice from PriceHero that there is a Seller offering to sell the Item to the Shopper at the Shopper’s price. If the Shopper then accepts the Seller’s offer, then such is considered a purchase and a binding contract between the Shopper and the Seller, such that no cancellations, retractions or rescissions are allowed, except for qualifying cancellations and returns as set forth in these Terms.

PriceHero reserves the right to block and take legal action with regard to multiple price submissions from the same or related Shoppers, concerning offers or Get Notified requests, which are or could appear to be intended to “game” the system to artificially determine the lowest prices Sellers may accept or any other pricing malfeasance.

Upon purchasing an item, the Shopper must pay Seller for the item (e.g. via credit card, payable to PriceHero as payment agent on behalf of the Seller), including any expedited shipping (standard delivery to the Shopper is always free to the Shopper), tax, and any stated additional fees. Credit cards and other payment methods are charged at the time when a purchase is made.

PriceHero reserves the right though not the obligation to delay or cancel any purchase for suspected fraud, data security and safety purposes, including but not limited to efforts in PriceHero’s sole judgment to protect Users from illegal or otherwise prohibited activities.

PriceHero’s concern for Shopper customer service is paramount. Since the catalog of products listed on PriceHero includes discount merchandise, it’s not possible to offer unlimited returns and refunds unfortunately.

If an item purchased on PriceHero is confirmed by PriceHero or the Seller to have been delivered to you damaged, incorrect, used, missing components, we allow a refund/return if you contact us WITHIN FIVE (5) DAYS OF THE DELIVERY DATE at support@pricehero.com concerning such issue. In such email communications we may request photos and/or video of the issue in PriceHero’s sole discretion.

In all other cases, refunds are only allowed IF:

(1) the item is unused, undamaged, in the original undamaged packaging, and contains all original paperwork including any original warranty paperwork;

AND (2)(a) you email us, at support@pricehero.com, the tracking number of the return delivery carrier, that indicates the return package was sent back to the seller (at the seller’s returns address, stated on the Return Slip) WITHIN FIFTEEN (15) DAYS OF THE DELIVERY DATE to you; OR (2)(b) the returned item is received by the Seller (at the seller’s returns address, stated on the Return Slip) WITHIN TWENTY (20) DAYS OF THE DELIVERY DATE to you;

AND (3) the return package includes a copy of the Return Slip.

While standard shipping to shoppers of purchased items is FREE, return shipping is the responsibility of the Shopper

Shoppers may pay for items only by using payment methods approved by PriceHero, and PriceHero will receive such payment from the Shopper on behalf of, and as payment agent for, the Seller. By submitting payment information to PriceHero, you authorize PriceHero to store that information and with your confirmation, charge you for any items purchased. A transaction that begins on PriceHero may not be completed off of PriceHero.

Shoppers are not responsible for the cost of a Seller’s standard shipping to the Shopper. Shopper is responsible for expedited shipping costs if such upgrade is allowed for the Item by the Seller and chosen by the Shopper.

Shopper must maintain an accurate and up to date ship-to address with PriceHero.

Please note, we cannot guarantee shipping times or choice of carriers. PriceHero is not responsible for carrier delays, which may be caused by a number of factors, such as weather.

Transactions conducted through the Service may be subject to taxes in your jurisdiction, which PriceHero may collect from Shoppers on behalf of Sellers. The prices entered by Shoppers to Sellers on PriceHero for products include standard shipping but they do not include taxes. Estimated taxes are therefore displayed for the Shopper before the Shopper confirms making an offer. Taxes may be estimated based on offers made on Items but remain subject to change due to certain factors, e.g. if the final sale price differs from the original offer. If a Shopper makes a Buy Now purchase, the listed prices for Items do not include taxes, but the estimated taxes will be displayed before the Shopper confirms the purchase. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase.

We provide the Service on an “as-is” basis and make no other warranties or representations with respect to the Service or your use of the Service.

Warranty Disclaimers

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT PRICEHERO PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, PRICEHERO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRICEHERO MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE 100% COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR YOUR PARTICULAR REQUIREMENTS.

PRICEHERO MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE, INCLUDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF SUCH ITEMS, THE TRUTH OR ACCURACY OF ANY LISTINGS, OR THE ABILITY OF SHOPPERS AND SELLERS TO TRANSACT ANY BUSINESS THROUGH THE SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL PRICEHERO, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, CONTRACTORS AND EMPLOYEES OF EACH (THE “PRICEHERO PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE— FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, OR ANY ITEMS YOU PURCHASE OR SELL THROUGH THE SERVICE, WHETHER OR NOT A PRICEHERO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT; TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE PRICEHERO PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED (1) THE AMOUNT OF THE ITEM TRANSACTION AT ISSUE IN THE DISPUTE, OR (2) ONE THOUSAND U.S. DOLLARS (USD $100), WHICHEVER IS LESS.

THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR FRAUD OR INTENTIONAL MISCONDUCT OF THE PRICEHERO PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

Indemnification

If we get sued because of something you did, then you agree to defend and indemnify us.

You agree to release, indemnify, and hold harmless and, upon PriceHero’s request, defend the PriceHero Parties from any legal claims, lawsuits, demands and damages (including reasonable attorney fees and expenses) that arise from or relate to (i) your access to or use of the Service, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (v) your violation of applicable laws, rules and regulations.

If you are a California resident, you waive California Civil Code Section 1542, which states, “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disputes with PriceHero

We hope to amicably resolve any disputes with you, so we strongly encourage you to first contact our support team at support@pricehero.com.

Any unresolved dispute between a Shopper and PriceHero shall be settled in the applicable court of law.

If any portion of this claim section is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision will be severed from this Agreement.

This Agreement and any disputes between you and us will be governed by Delaware law, and any disputes must be filed in the courts located in Chicago, Cook County, Illinois.

You and PriceHero waive any objection to venue in any such courts.

You acknowledge that the Service originates from the United States and agree to comply with all export laws and regulations of the United States.

You may terminate your Account at any time. We may suspend or terminate your access to the Service or your Account at our sole discretion, including if we suspect you are engaging in fraud, abuse, illegal activity, pricing malfeasance or violation of this Agreement. We may suspend or terminate your Account at our discretion without explanation, notice, and liability to PriceHero, including removing and discarding any Items or Content within the Service, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

PriceHero may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud, (ii) to address potential illegal activity, or (iii) to otherwise comply with this Agreement, applicable law, rules and regulations.

The Service will not be accessible or available to Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by PriceHero are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative accounts or continuing to access the Service from another User’s account.

PriceHero will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service

Changes to This Agreement

We may update this Agreement at any time by posting updated Terms. You will be responsible for reviewing any updated Terms. If you do not agree to the updated Terms, then you may not continue to use the Service.

Trade and Economic Sanctions and Export Controls

The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws, rules and regulations and that you will be solely responsible for any such violation to the extent permitted by law, rule or regulation. You represent that neither you, any business you represent, nor any beneficial owner of you or your business are: (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, rule, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service.

Electronic Communication and Documentation

When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication.

Severability and No Waiver

The unenforceability of any provision of this Agreement will not, except as stated in the claim section, affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it, except as stated in the claim section, will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law, rule and regulation

Headings and Interpretation

The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party, and the parties waive any argument that the Agreement should be such presumption or rule.

Terms Specific to Your Geographic Location

If you are a User in California, then certain provisions apply with regard to applicable laws.

Notwithstanding anything to the contrary in the Agreement, the following takes precedence with respect to Users in California

California Civil Code

Under California Civil Code Section 1789.3, Users from California are entitled to 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 (916) 445-1254 or (800) 952-5210.

Our Notices to You and Contact Information

Notices

You agree that we will provide notices and messages to you within the Service or if required, via email or regular mail. You may provide PriceHero notice, and such notice will be deemed provided once received by PriceHero, addressed via mail to the address noted in the below “Contact Us” section.

Contact Us

Please contact us with any questions or comments about the Service, at support@pricehero.com.