Terms and Conditions
- Acceptance of the Terms
- Electronic Communication
- Your Privacy
- Certain Conditions Placed on Your Use of the Sites and Services
The terms and conditions contained below govern the use of the www.pricefail.com ("pricefail", "We", the "Site"). If you do not agree to the terms and conditions set forth below, please do not use the website or any information ("Service") provided by the Site. By using the website and/or the Service you agree to the terms set forth below.
The communications between you and pricefail are electronic. You consent to receive communications from pricefail in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
In addition to your other responsibilities under these Terms, you must comply with the following:
- You must be at least age 18;
- You must comply with these Terms;
- You must provide accurate and honest information to us at all times.
Pricefail provides its current and potential subscribers with information to purchase certain products and services from third-party merchants. This information is provided for informational purposes. We do not encourage our subscribers to break any law, or do anything unethical.
All subscription payments are currently processed by Stripe. Once you have started your subscription, Stripe will automatically invoice and renew it for you on the date that it is due. You can cancel your subscription at any time by logging into your Stripe account or by simply contacting us.
All subscriptions are recurring unless cancelled prior to renewal. Any amounts paid prior to your cancellation will not be refunded.
From time to time, we may offer different subscriptions terms, and the subscription fees may vary. We reserve the right to reject or terminate your subscription at any time, for any reason or no reason.
As part of the Services, pricefail may send notifications via SMS text message or email to its subscribers, and you acknowledge and consent to the receipt of such messages.
- Text Messages
Pricefail offers text messaging service that allows you to receive information on your mobile device. Depending on your mobile provider service, it may not be possible to transmit the text message successfully. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
By providing your mobile phone number during your subscription, you agree to opt in to pricefail's text messaging. We do not charge a fee for text messaging service. While we do not charge for this service, we are not responsible for any charges from a user's service provider that may result from our providing this service. It is the user's responsibility to check with their individual carrier, as standard messaging and data rates may apply. We assume no responsibility for charges incurred by signing up for this text messaging service. Any text messaging fees that you incur will be billed on your individual mobile provider bill.
As part of the Services, you will receive email notifications from pricefail. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. For email notifications, be sure to check your SPAM and JUNK filters.
The Service is provided to you for your convenience and enjoyment, and for informational purposes. pricefail.com assumes no liability whatsoever for the use or interpretation of any information contained herein.
You may not receive any information at the same time as our other subscribers or may not at all receive or be given access to any such information.
We do not guarantee or warrant that:
- We can find all pricing errors on the Internet.
- The pricing errors will still exist by the time subscribers receive notifications about these errors.
- The third-party merchants will honor the pricing errors.
- You will ever receive a notification from us during your subscription period.
The Service is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Some states do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. Although pricefail.com has attempted to provide accurate and timely information, pricefail.com assumes no responsibility in connection therewith. IN NO EVENT SHALL pricefail.com BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, including, without limitation, lost profits or damages resulting from the use of or reliance upon any information provided by this website.
The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of pricefail, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
All news, articles and posts published on pricefail.com are for informational purposes only and shall not represent the Service done by pricefail. We do not guarantee the validity, accuracy or reliability of any content on our website. All of the content or opinions on the site may not always be supported by us and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.
Updated: July 30, 2018