Terms of Service

Acceptance of Terms of Service

You (the "User" or the "End User") are (is) responsible for reading the Terms of Service (hereinafter, "Terms") before using Pricebunch.com (hereinafter, "the Site") or any of the Site's services. By accessing or using the Site the User acknowledges that he/she has read the Terms and agrees to be bound by the Terms. If the User does not agree to the Terms, User may not access the Site or use any of the Site's services.

Pricebunch reserves the right to modify or alter the Terms at its discretion. The User's access or use of the Site following a modification or alteration to the Terms constitutes User's acceptance of the modified/altered terms. Therefore, Pricebunch advises that User re-read the Terms of Service periodically to stay informed of any changes.

A. Terms of Use

General

Pricebunch provides an interactive online advertisement service (hereinafter, "Services") by negotiating exclusively with vendors through its website located at http://www.pricebunch.com. More specifically, Pricebunch proposes to offer its users an opportunity to purchase discounted promotional certificates, which can be subsequently redeemed for goods and/or services at Company's business (hereinafter, "Certificates"). The right to use this Site is personal and exclusive to the User and is not transferable to any other person or entity. The User shall be responsible for maintaining the confidentiality of User's password(s).

Modifications

Pricebunch reserves the right to modify or alter the Terms at its discretion. The User's access or use of the Site following a modification or alteration to the Terms constitutes the User's acceptance of the modified/altered terms.

Equipment

The User shall be responsible for obtaining and maintaining all equipment required to use and access the Site. Pricebunch shall not be liable for any damages to the User's equipment resulting from the use of the Site.

User Conduct and Responsibilities

The Site and all other sites available now or later within the Site or through external hyperlinks are proprietary. The User shall not post or transmit through the Site any material which violates or infringes upon the rights of others, or any material which is unlawful, defamatory, or obscene, which encourages conduct constituting a criminal offense, gives rise to civil liability, or which, without Pricebunch's written approval, contains advertising or solicitation for products/services. The User shall not engage in any conduct that restricts or inhibits any other user from using or enjoying the Site, including conduct that is commercial, religious, political, or solicitous in a non-commercial nature. Unless the User has received written permission from Pricebunch, User may not provide a hyperlink to the Site from any other website. The above paragraph applies to and is for the benefit of Pricebunch, its subsidiaries, affiliates and any third party content providers and licensors.

Disclaimer of Warranty and Limitation of Liability

Use of the Site, and any other sites accessed via the Site, by the User is at the sole risk of the User. Pricebunch does not warrant that use of the Site or any other site will be error free. Pricebunch makes no warranty as to the results obtained from use of the Site. Pricebunch makes no warranty as to accuracy or reliability of any content, service or product provided through the Site or any other site. The Site is provided "as is" and contains no warranties, either expressed or implied, other than those that cannot be excluded under law. The User agrees to hold harmless Pricebunch for any data lost while transmitting information over the Internet, whether due to service interruptions or any other event not within the control of Pricebunch. Pricebunch reserves the rights to make the Site unavailable from time to time for any reason and to alter or discontinue any aspect of the Site.

Pricebunch disclaims liability for any damages or injury resulting from any failure, error, interruption, omission or delay experienced while using the Site or the Site's services. Pricebunch is not responsible for: who accesses the Site or its services, how the User may interpret the content, how the User may use the content and services (including links to other sites), or any actions the User takes in response to using the Site or its services. The User releases Pricebunch from all liability from the User's acquisition, or lack of acquisition, of content from the Site. Pricebunch is not responsible for content that the User or others may find offensive or inappropriate, or that is inaccurate, illegal or infringing on the User's or others' rights.

Pricebunch does not control or endorse the content, messages or information posted by users, and, therefore, Pricebunch specifically disclaims any liability concerning user exchanges and postings and any actions resulting from the User's participation in any exchange or posting, including any objectionable content. Generally, any communication which the User posts to Pricebunch is considered to be non-confidential. By posting information on the Site, the User grants Pricebunch the right to use such information for promotions, advertising, market research or any other lawful purpose. Under no circumstances will Pricebunch be liable for any loss or damage caused by the User's reliance on information obtained through Pricebunch.

Pricebunch may remove any content that it deems unsuitable for the Site at anytime. Further, Pricebunch reserves the right to edit, modify, change and remove any content that it deems unsuitable.

Grant of Licenses

By posting information or exchanging communication on or through the Site, the User grants to Pricebunch a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology (now known or later developed), and to sublicense such rights to any number of sublicensees.

Indemnification

You will indemnify and hold harmless Pricebunch, its affiliates, agents and customers from any liability, damages or costs, including attorney's fees and costs, for any claim made by a third party regarding your use of the site or its services, or your access of your membership or use of membership services.

Termination and User Interaction/Monitoring

Pricebunch may terminate the Terms at any time. Pricebunch may remove any content or member accounts and information anytime at its discretion. The User is responsible for any exchanges with other users; however Pricebunch may step in and take action in response to user exchanges at its discretion. Pricebunch is unlimited in its measures concerning user exchanges. Pricebunch has the right, but is not obligated, to monitor the content of the Site to determine compliance with the Terms, as well as to satisfy any applicable law, regulation or authorized government request. Pricebunch may deem any posted or uploaded content unsuitable and may remove such content at its sole discretion. Pricebunch reserves the right to edit, modify, change, and remove any content that Pricebunch deems unsuitable.

Trademarks and Copyrights

PRICEBUNCH, PRICEBUNCH.COM, ITS KIND OF A BIG DEAL, the Pricebunch logo and the pricebunch.com page designs and graphics are trademarks of Pricebunch in the U.S. and/or other countries and may not be used without the express authorization of Pricebunch.

Pricebunch owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or exploit, any of the content, in whole or in part. The User may use any copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Pricebunch and the copyright owner is permitted.

Third Party Sites/Content

The Site contains links to third party sites maintained by other content providers. These links are provided as a convenience to the User and shall not be considered an endorsement by Pricebunch of the contents on such sites. Pricebunch disclaims any representations regarding the content or accuracy of content on such sites. The User accesses linked third party sites at User's own risk.

Miscellaneous

The Terms of Use constitute the entire agreement between the User and Pricebunch with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings of the Terms are provided for convenience only and are of no legal force or effect. If any provision of the Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in the Terms and the remaining portions of the Terms shall continue in full force and effect. The failure of either party to exercise any of its rights under the Terms shall not be deemed a waiver of such rights or any other rights provided hereunder.

Pricebunch's headquarters are in Chicago, Illinois. Legal issues arising out of, but not exclusive to the use of, this Site or other sites accessed via this Site are governed by and in accordance with the laws of the State of Illinois. By using this Site, the User agrees that any dispute or claim arising out of or in connection with the Terms of the Site shall be settled by arbitration in Chicago, Illinois under the rules of arbitration of the American Arbitration Association.

B. Terms Of Sale

Generally

1. To place a voucher order on pricebunch.com, you must first create a Pricebunch Member account.
2. When you place an order on pricebunch.com for a Deal Voucher, you are making an offer to Pricebunch to purchase the selected voucher in accordance with the terms and conditions provided on that Deal Voucher.
3. When you purchase a Deal Voucher, that voucher is redeemable for goods/services offered by the associated Merchant. The Merchant is the seller of the goods/services and is solely responsible for redeeming any Deal Voucher purchased.
4. All Deal Vouchers are subject to the terms and conditions of both Pricebunch and the selling Merchant.
5. As seller of the goods/services associated with a Deal Voucher, the Merchant is the issuer of the Deal Voucher and is thus responsible for any and all injuries, illnesses, damages, claims, liabilities and costs incurred by the purchaser of the Deal Voucher, whether caused whole or in part by the Merchant.
6. Should applicable state law provide for a redemption period beyond the expiration stated on a Deal Voucher, it is the responsibility of the Merchant, and not of Pricebunch, to honor the cash-value of the Deal Voucher beyond the stated expiration.

Restaurant-Specific Deal Vouchers

“Restaurant” is defined as a merchant who offers food and drink for sale in its ordinary course of business.

1. Unless otherwise stated, Deal Vouchers are valid for dine-in only.
2. Any use of Restaurant-Specific Deal Vouchers for alcohol is at the sole discretion of the Merchant. The Merchant warrants and represents that it complies with all state laws applying to the sale and distribution of alcohol.
3. Unless otherwise stated by the Merchant, Deal Vouchers cannot apply to taxes, tips, or other debts established prior to the Deal Voucher redemption.
4. Frequency of redemption of Deal Vouchers is determined by the Merchant.
5. Merchants and/or Pricebunch are/is not responsible for lost or stolen Deal Vouchers or forgotten or misplaced Deal Voucher reference information.
6. Any determination as to whether a Deal Voucher may be combined with other vouchers, rebates, coupons, or other promotions, is made by the Merchant offering the Deal Voucher.
7. Deal Vouchers are void to the extent that they are prohibited by law. Any Deal Voucher’s compliance with applicable state laws is the sole responsibility of the Merchant. In any Deal Voucher transaction, Pricebunch acts solely as a marketing agent of the Merchant.
8. Pricebunch’s offer to you expires on the date specified on the Deal Voucher. Any redemption of cash value by the Merchant following the Deal Voucher’s expiration is at the sole discretion of the Merchant or as determined by applicable law. Any redemption of a Deal Voucher by you for less than face value will not result in any credit, cash, or additional Deal Voucher(s) to make up any difference in value.
9. Reproduction, sale, or trade of Deal Vouchers is strictly prohibited.
10. Deal Vouchers are redeemable in their entirety only and may not be redeemed incrementally.

Non-Restaurant Deal Vouchers

1. Unless otherwise stated by the Merchant, you are limited to one (1) Deal Voucher per redemption.
2. The Merchant, at its sole discretion, may issue credit for a Deal Voucher.
3. Deal Vouchers may only be applied to products/services sold by the Merchant and are not applicable to shipping or handling charges.
4. Merchants and/or Pricebunch are/is not responsible for lost or stolen Deal Vouchers or forgotten or misplaced Deal Voucher reference information.
5. Any determination as to whether a Deal Voucher may be combined with other vouchers, rebates, coupons, or other promotions, is made by the Merchant offering the Deal Voucher.
6. Deal Vouchers are void to the extent that they are prohibited by law. Any Deal Voucher’s compliance with applicable state laws is the sole responsibility of the Merchant. In any Deal Voucher transaction, Pricebunch acts solely as a marketing agent of the Merchant.
7. Pricebunch’s offer to you expires on the date specified on the Deal Voucher. Any redemption of cash value by the Merchant following the Deal Voucher’s expiration is at the sole discretion of the Merchant or as determined by applicable law. Any redemption of a Deal Voucher by you for less than face value will not result in any credit, cash, or additional Deal Voucher(s) to make up any difference in value.
8. Reproduction, sale, or trade of Deal Vouchers is strictly prohibited.
9. Deal Vouchers are redeemable in their entirety only and may not be redeemed incrementally.