PricePlow.com

PricePlow's privacy policy is located at www.priceplow.com/privacy_policy (the "Privacy Policy"), which is incorporated by this reference.

It is ClutchWave's policy to respond punctually to claims of copyright and other property infringement. ClutchWave will quickly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other associable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, ClutchWave may act to delete or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act to delete or disable access to any reference or link to material that is claimed to be delinquent. ClutchWave will terminate access for users who are infringers.

Notifying ClutchWave of Copyright Infringement: To provide ClutchWave notice of an infringement, you must provide a written communication to the attention of abuse@priceplow.com which sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing ClutchWave with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide ClutchWave with a counter notification by written communication to the attention of abuse@priceplow.com. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, see an attorney.

You acknowledge that ClutchWave has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ClutchWave from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ClutchWave makes no representations concerning any content contained in or accessed through the Site, and ClutchWave will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PricePlow, any ClutchWave Site, or a third party may provide links to other websites. ClutchWave exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. ClutchWave shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

The PricePlow Sites' Privacy Statement is applicable only when you are on a ClutchWave Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

Each User shall indemnify, defend and hold harmless ClutchWave and their respective officers, employees and agents, and each of ClutchWave's website partners, from any and all claims, costs, demands, damages, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the ClutchWave Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE ClutchWave SITES IS AT HIS OR HER SOLE RISK. THE ClutchWave SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ClutchWave ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ClutchWave EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, ClutchWave MAKES NO WARRANTY THAT (i) THE ClutchWave SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF ClutchWave'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ClutchWave SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ClutchWave HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY ClutchWave SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ClutchWave SITES; OR ANY OTHER MATTER RELATING TO THE ClutchWave SITES. IN NO EVENT SHALL ClutchWave'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN ClutchWave AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, ClutchWave DOES NOT AND CANNOT CONTROL THE ACTIONS OF ClutchWave SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO ClutchWave SITES. OPERATION OF ClutchWave SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY ClutchWave.

ClutchWave may terminate a user's account in ClutchWave's absolute discretion and for any reason. ClutchWave is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of a ClutchWave Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.

ClutchWave's termination of any user's access to any or all ClutchWave Sites may be effected without notice and, on such termination, ClutchWave may immediately deactivate or delete user's account and/or bar any further access to such files. ClutchWave shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. ClutchWave reserves the right to delete, or not delete, a user's account at ClutchWave's sole discretion, as well as to delete, or not delete, content at ClutchWave's sole discretion.

No agency, joint venture, employment, or partnership is created as a result of the agreement to Terms of Use and you have no authority of any kind to bind ClutchWave in any respect. The failure of either party to exercise any right provided shall not be deemed a waiver of any further rights hereunder. ClutchWave shall not be liable for any failure to perform its obligations where such failure results from any cause beyond ClutchWave's reasonable control. If any provision of the Terms of Use is found to be invalid or unenforceable, said provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full effect and enforceable. The Terms of Use is not transferable, assignable, or sublicensable by you. ClutchWave may assign, delegate, or transfer the Terms of Use and its obligations without consent. The Terms of Use shall be governed in accordance with the laws of the state of California, as if within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Los Angeles County and the United States District Court for the Southern District of California. Notwithstanding the foregoing sentence, but without limiting ClutchWave's right to seek injunctive or other relief in any court of competent jurisdiction, any disputes with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. If the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with notice that it seeks arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jintly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Los Angeles, California using the English language under rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

CLUTCHWAVE and other ClutchWave graphics, logos, designs, page headers, button icons, scripts, and service names are pending trademarks, trademarks or trade dress of ClutchWave in the U.S. and/or other countries. ClutchWave's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.