BEST PRICE NOW

TERMS OF USE

  1. Legal Terms of Use. Please regularly check back with this page for updates. If you breach any of these Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from this Site in violation of these Terms of Use must be immediately destroyed.

  2. Acceptance of Terms. Please read these Terms of Use carefully before accessing or using this Site. By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing this Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Ascendance Media Group, LLC, a Washington limited liability company, doing business as Best Price Now (“Best Price Now”) may publish from time to time (collectively, these "Terms of Use"). If you do not agree to all of the terms and conditions contained in these Terms of Use, do not access or use this Site.

    Best Price Now may change these Terms of Use and other guidelines and rules posted on this Site from time to time at its sole discretion. Your continued access or use of this Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of this Site, Materials and Services will be subject to the most current version of these Terms of Use, rules and guidelines posted on this Site at the time of such use.

  3. This Site. Best Price Now makes this Website and all other websites of Best Price Now with links to these Terms of Use (collectively, the "Site"), and the Materials and Services, available for your access and use subject to these Terms of Use. "Materials" means all information, data, documents (e.g. white papers, press releases, datasheets, FAQs, technical support materials, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via this Site by Best Price Now, or users of this Site. All Materials provided by Best Price Now are referred to collectively as "Best Price Now Materials". All user-supplied Materials are referred to collectively as "User Materials". Best Price Now Materials and User Materials may have different restrictions and conditions associated with them under these Terms of Use and other guidelines and rules posted via this Site. "Services" means all services and resources offered or enabled via this Site by Best Price Now and users of this Site, including download areas, product and other information services and communications services such as bulletin boards, calendars, forums and other message or communication facilities designed to enable you to communicate with others (collectively, "Communications Venues").

  4. Intellectual Property; Limited License to Users; Trademark Information. The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and these Terms of Use. Except as expressly provided herein, Best Price Now and its consultants do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer this Site, Materials or Services, any portions of this Site, Materials or Services or the selection and arrangement of this Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with this Site, Services or Materials.

    The trademarks, service marks, logos, URLs and domain names, including, but not limited to, Best Price Now™ and ________ ("Marks") displayed on this Site are the property of Best Price Now or other third parties. You are not permitted to use the Marks without the prior written consent of Best Price Now or such third party that may own the Marks.

  5. Use of Site and Services. You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use this Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from this Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using this Site, Services or Materials, you agree that you shall not:

    • Collect, harvest, mine or engage in any other activity to obtain email addresses, phone numbers, personal information or any other information about others.
    • Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Best Price Now server or to this Site without authorization from Best Price Now whether through hacking, password mining or any other means.
    • Remove or falsely add to any Materials, any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
    • Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through this Site or Services.
    • Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
    • Use this Site, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
    • Disrupt or interfere with the security of, or otherwise cause harm to, this Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through this Site or any affiliated or linked sites.
    • Transmit unsolicited or bulk communications to any Best Price Now account holder or to any Best Price Now affiliated email address.
    • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
    • Create a false identity for the purpose of misleading others.
    • Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
    • Disrupt, interfere or inhibit any other user from using and enjoying this Site or other affiliated or linked sites, Materials or Services.
    • Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
    • Access or use this Site in any manner that could damage, disable, overburden or impair any Best Price Now server or the network(s) connected to any Best Price Now server.
    • Violate any applicable laws or regulations related to the access to or use of this Site, Services or any Materials or engage in any activity prohibited by these Terms of Use.
    • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
    • Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
    • Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
    • Violate the rights of Best Price Now or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
    • Use any Best Price Now domain name as a pseudonymous return email address.
    • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Best Price Now.

    When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to these Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. Best Price Now offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Best Price Now Materials, Best Price Now provided Services or another Third-Party Service. You agree that you will not hold Best Price Now responsible or liable with respect to the Third-Party Services.

    Certain Services and Materials will only be made available to users who have paid Best Price Now a fee for such Services and Materials. Such users may additionally be required to enter into a subscription agreement or other use agreement for that particular Service or Material. In addition to these Terms of Use, users of any Services that include Communications Venues may be required, in Best Price Now’s sole discretion, to agree to a separate legal agreement on this Site or otherwise. Your access to such Communications Venues will be denied for violation of either these Terms of Use or the applicable agreement.

    Best Price Now, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Best Price Now may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of this Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Best Price Now deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your company in any Services or when you post or otherwise submit any Materials.

    If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Best Price Now immediately. If any Services or Materials provide password-restricted access to your sensitive information then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Best Price Now's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.

  6. Use of Software. Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via this Site (collectively, "Software") are the copyrighted and patented work of Best Price Now or its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on this Site page(s) accompanying the Software. However, other terms and licenses may only be posted with the Software downloads or at this Site page where the Software can be accessed. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Absent a license agreement that accompanies the Software, use of the Software will be governed by these Terms of Use. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

    Any Software which is downloaded from or made available via this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Best Price Now, 17921 Bothell-Everett Hwy, Suite 105, Bothell, WA 98012 USA.

  7. Use of Best Price Now Materials, and User Materials. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Best Price Now Materials available on this Site subject to the following conditions:

    • You will not quote or display Best Price Now Materials, or any portions thereof, out of context.
    • Best Price Now reserves the right to revoke the authorization to view, download and print the Best Price Now Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from Best Price Now.
    • Best Price Now Materials comprised of Software are subject to the additional provisions governing Software set forth herein.
    • Any Best Price Now Materials made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
    • Any Best Price Now Materials acquired upon your execution of a required separate agreement shall be provided with the additional rights and obligations set forth in that agreement, and your rights to such Best Price Now Materials shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or the terms and conditions of these Terms of Use.
    • Use of the Best Price Now Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

    The rights specified above to view, download and print the Best Price Now Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of this Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted by Best Price Now. In addition, various sections of this Site may showcase the work of creative professionals. Such Materials (whether Best Price Now Materials or User Materials) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

  8. Submitted Materials. All of your User Materials that you post on or otherwise submit via this Site and Services shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Materials. Best Price Now may, but is not required to, post or use any of your User Materials that you may post or otherwise submit. Best Price Now does not pre-screen User Materials that users provide or otherwise submit via this Site or Services; however, Best Price Now may remove any posted or submitted User Materials from this Site or any Service for any reason without notice in its sole discretion. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to your User Materials as described in these Terms of Use, including all the rights necessary for you to post or submit your User Materials.

    You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via this Site or Services. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. Best Price Now does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using this Site or Services, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.

  9. Best Price Now Rights to Submitted User Materials. For all of your User Materials that you post or otherwise submit to this Site, including, (a) feedback, (b) bug reports, (c) piracy reports or (d) product suggestions, you grant Best Price Now and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Best Price Now is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Best Price Now shall not be liable for any failure to store User Materials on this Site at any time.

  10. Restrictions and Termination of Use. Best Price Now may block, restrict, disable, suspend or terminate your access to all or part of this Site, Services and Materials at any time in Best Price Now’s sole discretion, without prior notice or liability to you.

  11. Links to Third Party Sites. This Site, Services or Materials may include links that will take you to other sites outside of this Site ("Linked Sites"). The Linked Sites are provided by Best Price Now to you as a convenience and the inclusion of the links do not imply any endorsement by Best Price Now of any Linked Site. Best Price Now has no control of the Linked Sites and you therefore acknowledge and agree that Best Price Now is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Best Price Now is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

  12. Warranties and Disclaimers. THIS SITE, SERVICES AND MATERIALS ARE PROVIDED BY SOFTWARE TECHNOLOGY UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SOFTWARE TECHNOLOGY AND ITS CONSULTANTS MAKE NO WARRANTY THAT (i) THIS SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THIS SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THIS SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

    THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. SOFTWARE TECHNOLOGY MAY MAKE CHANGES TO THIS SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THIS SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND SOFTWARE TECHNOLOGY MAKES NO COMMITMENT TO UPDATE THIS SITE, MATERIALS AND SERVICES.

    YOU ACKNOWLEDGE AND AGREE THAT: (i) SOFTWARE TECHNOLOGY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) SOFTWARE TECHNOLOGY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) SOFTWARE TECHNOLOGY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

    SOFTWARE TECHNOLOGY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THIS SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THIS SITE AND MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTWARE TECHNOLOGY WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SOFTWARE TECHNOLOGY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.

    THE USE OF THIS SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SOFTWARE TECHNOLOGY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THIS SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOFTWARE TECHNOLOGY OR VIA THIS SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOFTWARE TECHNOLOGY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THIS SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

  13. International Users. This Site can be accessed from countries around the world and may contain references to Best Price Now products, services and programs that are not available in your country. These references do not imply that Best Price Now intends to announce such products, services or programs in your country. This Site is controlled, operated and administered by Best Price Now from its offices within the United States of America. Best Price Now makes no representation that this Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to this Site from territories where this Site, the Services or Materials are illegal is prohibited. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information.

  14. Personal Information and Privacy. Best Price Now will use and protect your data, such as your name and address, in accordance with any consumer Privacy Statement(s) contained within this Site, the contents of which are incorporated by reference into these Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services or to purchase from the Best Price Now online store.

  15. Limitation of Liability. IN NO EVENT SHALL SOFTWARE TECHNOLOGY, ITS AFFILIATES OR CONSULTANTS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF SOFTWARE TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THIS SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THIS SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

  16. Spam Email and Postings. In the event of your or others’ access to or use of this Site, Services or Materials in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms of Use, you acknowledge and agree that Best Price Now would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Best Price Now is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Best Price Now may without restriction block, filter or delete unsolicited email.

  17. Advertisements and Promotions. Best Price Now may run advertisements and promotions from third parties via this Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via this Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Best Price Now is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Best Price Now advertisers on this Site or in connection with the Services or Materials.

  18. Export Control Laws; Notice to U.S. Government Users. The export and re-export of Best Price Now Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

    By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

    All Best Price Now Software, products and publications are commercial in nature. The Software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to these Terms of Use and the applicable license agreement.

  19. Indemnity and Liability. You agree to indemnify and hold Best Price Now, its affiliates, consultants and their respective officers, directors, partners, employees, or agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through this Site (including a third party’s use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials)); (b) your access to or use of this Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with this Site or any Services or Materials); (c) your connection to this Site, Services or Materials; (d) your violation of these Terms of Use; (e) your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on this Site, Services or in any Materials; (f) your violation of any rights of any third party; (g) your access to or use of Linked Sites and your connections thereto; or (h) any dealings between you and any third parties advertising or promoting via this Site, Services or Materials.

  20. Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by Best Price Now from its offices within the State of Washington, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Seattle, Washington with respect to such matters.

  21. General. These Terms of Use and other rules, guidelines, licenses and disclaimers posted via this Site or in connection with the Materials and Services constitute the entire agreement between Best Price Now and you with respect to your access to or use of this Site, Materials and Services superseding any prior agreements between you and Best Price Now on such subject matter (including any prior versions of these Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in these Terms of Use expressly contradict any terms of a written agreement between you and Best Price Now regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Best Price Now services, third party content or third-party software. You may not assign or otherwise transfer these Terms of Use nor any right granted hereunder without Best Price Now’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of these Terms of Use shall continue in full force and effect. Any failure by Best Price Now to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect.