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.
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:
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.