READ CAREFULLY. THESE TERMS OF USE ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU” AND “YOUR”) AND SET PRICE NOW, Inc. (“SET PRICE NOW”, “WE”, “US”, OR “OUR”). BY USING THE SET PRICE NOW WEB SITE OR ANY OTHER WEB SITE OWNED OR CONTROLLED BY SET PRICE NOW, Inc., YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THEM, AND THAT YOU CONSENT TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY INFORMATION OR DATA OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES RECEIVED FROM OR ON ANY WEB SITE OWNED OR CONTROLLED BY SET PRICE NOW(COLLECTIVELY THE “SERVICE”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST IMMEDIATELY STOP USING THE SERVICE. SET PRICE NOW IS FULLY COPPA COMPLIANT.
1. USER SUPPLIED CONTENT
The Service is a privately owned interactive platform that allows you and other users of the Service (among other activities) to post and read reviews, rankings, ratings and recommendations of professionals. You are entirely responsible for all information, advice, files, links, communications or other materials posted by you to or through the Service (“User-Supplied Content”). You agree not to post or transmit any User-Supplied Content that infringe a third party’s rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory, abusive, potentially tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You hereby warrant that:
- (a) you are not a family member or friend of a professional for whom you’re posting a comment, review or rating;
- (b) you have not received payment, credit or other compensation or inducement in exchange or in connection with posting that review;
- (c) you do not have a direct or indirect financial relationship with that professional beyond receiving service from that professional;
- (d) you have in fact received services from that professional.
If you register as a professional and are posting a peer recommendation, you warrant that
- (a) you have not received payment or other compensation of any kind in exchange or in connection with posting that recommendation; and
- (b) you do not have a direct or indirect financial relationship with that professional.
SET PRICE NOW has the right to use, reproduce, display, modify, transmit, distribute, perform, display and delete the User-Supplied Content (in whole or in part) worldwide and/or to incorporate such User-Supplied Content in other works in any form, media or technology now known or later developed. You expressly acknowledge and agree that any User-Supplied Content is a public, not a private, communication, and SET PRICE NOW has no confidentiality obligations with respect to any User-Supplied Content.
2. SERVICE CONTENT GENERALLY
You acknowledge and agree that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. SET PRICE NOW shall have no liability either for the failure to receive any User-Supplied Content or for the removal of any User-Supplied Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of SET PRICE NOW. SET PRICE NOW neither endorses nor is responsible for the completeness, accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized SET PRICE NOW employees acting in their official capacities.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SET PRICE NOW be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that SET PRICE NOW does not, either actively, or by any failure to act, pre-screen or approve Content, but that SET PRICE NOW shall have the right (but not the obligation) in its sole discretion to refuse, delete (in whole or in part) or move any Content deemed harmful or offensive, or which violates the letter or spirit of these Terms of Use, or for any other reason.
3. TITLE TO CONTENT
The Content made available directly through the Service by SET PRICE NOW or third parties is the property of SET PRICE NOW, its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Content are the property of either SET PRICE NOW or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.
SET PRICE NOW complies with copyright law and expects its users to do the same. You may not use the Service to help you infringe the copyrights of any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights and a violation of the law. You agree that you shall only use the Service in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights.
4. REGISTRATION, PRIVACY POLICY & COMMUNICATION
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the “Account Information”). You agree to update your Account Information in order to keep such information current. During the registration process to use the Service, you will create a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You are over the age of 13.
Any information that you supply to us will be governed by the terms and conditions of SET PRICE NOW’s Privacy Policy, as it may be updated from time to time by us. You acknowledge and agree that SET PRICE NOW may, in its sole discretion, preserve or disclose your User-Supplied Content, as well as your Account Information, including, by way of example, email addresses, IP addresses, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any Content violates the rights of third parties, or protect the interests of SET PRICE NOW, its personnel, its users or the general public.
YOU EXPRESSLY AGREE THAT SET PRICE NOW MAY FROM TIME TO TIME COMMUNICATE WITH YOU BY EMAIL OR TELEFACSIMILE, UNLESS YOU AFFIRMATIVELY OPT OUT OF RECEIVING SUCH COMMUNICATIONS BY SO INFORMING SET PRICE NOW VIA EMAIL. If you have a free practice listing on SET PRICE NOW, or if your paid listing on SET PRICE NOW has expired, SET PRICE NOW may remove your listing at any time, as it is under no obligation to promote your practice.
5. CONDUCT
In addition to any other obligations you have under these Terms of Use, including without limitation, the obligations stated in Sections 1 through 4, inclusive, you agree not to:
- (a) Register with SET PRICE NOW, providing any personal information if you are under the age of 13 without specific, written approval of a parent or guardian and acceptance thereof by SET PRICE NOW also in writing.
- (b) link to or frame any elements of the Service in such a way as to obscure any SET PRICE NOW content unless otherwise expressly authorized in writing by SET PRICE NOW;
- (c) use the Service for any commercial or illegal purpose;
- (d) use the Service to invade the privacy of, or obtain personal information about, any Service account holder or user, or to obtain a list of Service account holders or users;
- (e) copy, modify, erase or damage any information contained on computer servers used or controlled by SET PRICE NOW or any third party used in connection with the Service or the services provided through the Service;
- (f) use the Service to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, malicious, defamatory, abusive, potentially tortious, threatening, harmful, specifically intending to cause damage to reputation or otherwise objectionable;
- (g) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Service except for the sole purpose of indexing the Service for publicly-available internet search engines or non-commercial public archives;
- (h) use the Service to post, transmit, or link to any unsolicited advertising, promotional, or commercial materials;
- (i) access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by SET PRICE NOW (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution);
- (j) “spider”, page-scrape or use any bot or automated access mechanism to access any SET PRICE NOW information;
- (k) “hack” or attempt to gain unauthorized access to any part of SET PRICE NOW;
- (l) scan or test the vulnerability of, or try to breach the security systems or authentication measures or generally attempt to bypass security of SET PRICE NOW;
- (m) impose an unreasonable or disproportionally large load on SET PRICE NOW or the systems it is connected to or runs on;
- (n) no manipulation of TCP/UDP streams or any bit-level manipulation of information directed to or coming from SET PRICE NOW;
- (o) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service; or
- (p) impersonate or misrepresent your affiliation with any person or entity.
Professionals and anyone acting on behalf of a professional are specifically prohibited from:
- (a) posting unsubstantiated, negative reviews about other professionals,
- (b) using SET PRICE NOW’s member systems for any purpose whatsoever, or
- (c) creating a new listing for any professional whose listing has been removed or suspended by SET PRICE NOW.
You agree to indemnify and hold SET PRICE NOW and its parents, members, subsidiaries, affiliates, service providers, distributors, content providers, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to:
- (a) your violation of these Terms of Use;
- (b) your violation of any law, regulation or third-party right; or
- (c) if a third party has a business or personal relationship with you, any alleged or actual damage to such third party’s interests or rights resulting directly or indirectly from any alleged or actual damage to your professional or personal reputation, your business or any other interest of yours, by any Content or any action or inaction of SET PRICE NOW.
6. LINKED ENTITIES
The Service contains links through advertising and otherwise, to various third party web sites and other resources (“Linked Entities”). These Linked Entities are not under the control of SET PRICE NOW and SET PRICE NOW is not responsible or liable for the content, communications or materials of any Linked Entities. SET PRICE NOW is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by SET PRICE NOW of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.
7. MODIFICATIONS TO THE SERVICE
You acknowledge and agree that SET PRICE NOW may modify, suspend, or discontinue the Service at any time without notice and may discontinue any SET PRICE NOW web site at any time without notice and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. TERMINATION
You acknowledge and agree that SET PRICE NOW shall have the right, in its sole discretion, to terminate your use of the Service if you fail to comply with the letter or the spirit of these Terms of Use. No notice shall be required from SET PRICE NOW to make such termination effective. In addition, SET PRICE NOW reserves the right to discontinue your access to the Service at any time for any reason, and with or without notice.
9. COPYRIGHT INFRINGEMENT
SET PRICE NOW may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize SET PRICE NOW to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
SET PRICE NOW will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Service, please notify SET PRICE NOW Compliance Team identified below. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A notification of claimed infringement must be a written communication addressed to SET PRICE NOW Compliance Team set forth below (the “Notice”), and must include the following:
- (a) A signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- (b) A description of the copyrighted work or works that you claim have been infringed, including their exact name (if any). The description and name should be in sufficient detail so that we can identify the work;
- (c) Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- (d) Information related to the work(s) reasonably sufficient for SET PRICE NOW to promptly locate the work (e.g. title of work, specific URL or other location within the Service, etc.);
- (e) Information reasonably sufficient to permit SET PRICE NOW to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
- (f) A statement requesting that SET PRICE NOW take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled);
- (g) Information sufficient to permit SET PRICE NOW to contact you, such as your physical address, telephone number, and email address;
- (h) A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (i) A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to the Digital Millennium Copyright Act, SET PRICE NOW will remove allegedly infringing material from the Service upon receipt of a notice which complies with the requirements of this section. If the allegedly infringing material is not hosted or stored on the server computers used or controlled by SET PRICE NOW, but is nevertheless displayed or transmitted through the Service, SET PRICE NOW will use its best efforts to remove allegedly infringing material from being displayed or transmitted through the Service upon receipt of a notice which complies with the requirements of this section.
If you receive a Notice and you believe that you have the right to display the allegedly infringing work, you may send SET PRICE NOW a counter-notice pursuant to the Digital Millennium Copyright Act (a “Counter-Notice”). We will provide a copy of your Counter-Notice to the party that sent the Notice you are responding to.
A Counter-Notice must be a written communication addressed to the SET PRICE NOW Compliance Team set forth below and include the following:
- (a) A signature of the person sending the Counter-Notice;
- (b) Identification of the work which was removed or disabled; and where such work was located on the Site(s) before it was removed or disabled;
- (c) A statement by you under penalty of perjury that you have a good faith belief that the work was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- (d) Your name, address, and telephone number; and
- (e) If your address is in the United States, a statement that you consent to the jurisdiction of Federal District Court for the district in which your address is located, or if your address is outside of the United States, a statement that you consent to the jurisdiction of the Federal District Court located in SAN DIEGO County, California, and that you will accept service of process from the person who sent the Notice.
To reach SET PRICE NOW Compliance Team for Notice of claims of copyright infringement or counter-notifications:
SET PRICE NOW, Inc.
info@setpricenow.com
10. THIRD PARTY DISPUTES
If there is a dispute between users of the Service, or between users of the Service and any third party, you understand and agree that SET PRICE NOW is under no obligation to become involved. In the event that you have a dispute with one or more users of the Service, you hereby release SET PRICE NOW, its officers, employees, agents and successors from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
11. DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SET PRICE NOW DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. SET PRICE NOW MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SET PRICE NOW MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. SET PRICE NOW MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
12. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. IN NO EVENT SHALL SET PRICE NOW, ITS LICENSORS OR CONTENT PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF SET PRICE NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. INDEMNITY
You agree to indemnify and hold SET PRICE NOW and its parents, members, subsidiaries, affiliates, service providers, distributors, content providers, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to:
- (a) your violation of these Terms of Use;
- (b) your violation of any law, regulation or third-party right; or
- (c) if a third party has a business or personal relationship with you, any alleged or actual damage to such third party’s interests or rights resulting directly or indirectly from any alleged or actual damage to your professional or personal reputation, your business or any other interest of yours, by any Content or any action or inaction of SET PRICE NOW.
14. MODIFICATION OF TERMS
SET PRICE NOW may modify these Terms of Use at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Service. Your continued use of the Service following our posting of a change of terms notice or new Terms of Use on the Service, or an email to you providing notice of such change, will constitute your binding acceptance of the change.
YOUR ACCEPTANCE OF THESE TERMS OF USE INDICATES THAT YOU GIVE CONSENT TO SET PRICE NOW TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THESE TERMS OF USE OR THE SERVICE.
15. ARBITRATION, JURISDICTION & GOVERNING LAW
You and SET PRICE NOW agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms of Use, the Service, or your use of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or SET PRICE NOW toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a panel of three arbitrators and conducted in San Diego, California. You and SET PRICE NOW also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
You and SET PRICE NOW may litigate in court only to compel arbitration under these Terms of Use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these Terms of Use in any manner which violates or may violate SET PRICE NOW’s or any of its licensor’s intellectual property rights, or may cause continuing or irreparable harm to SET PRICE NOW (including, but not limited to, any breach that may impact SET PRICE NOW’s intellectual property rights), SET PRICE NOW may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
You and SET PRICE NOW must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.)
To the fullest extent permitted by applicable law: no arbitration under these Terms of Use shall be joined to an arbitration involving any other current or former licensee of SET PRICE NOW, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and SET PRICE NOW); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and SET PRICE NOW).
In any proceeding of any kind arising out of or otherwise related to the Service, the prevailing party will have the right to recover its costs and reasonable fees of attorneys, accountants and other professionals. Without limiting the generality of the foregoing, if you, contrary to these Terms of Use, attempt to bring suit or assert any other form of claim against SET PRICE NOW in any forum other than an arbitration in San Diego, California, you acknowledge that SET PRICE NOW may, in its discretion, challenge such forum’s jurisdiction over SET PRICE NOW, and that the prevailing party in such a jurisdictional proceeding will have the right to recover its costs and reasonable fees of attorneys, accountants and other professionals.
THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA AND THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS, AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN SAN DIEGO, CALIFORNIA. These Terms of Use will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, and the application of thereof is hereby expressly excluded.
16. GENERAL
No delay or failure to take action under these Terms of Use shall constitute any waiver by SET PRICE NOW of any provision of this Agreement. These Terms of Use (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between SET PRICE NOW and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms of Use will bind and inure to the benefit of each party’s permitted successors and assigns. The agreement embodied in these Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate your rights or obligations under these Terms of Use shall be null and void.
“SET PRICE NOW” is a trademark of SET PRICE NOW, Inc. Any other names or designs may be trademarks of their respective owners.
Copyright 2022, SET PRICE NOW, Inc. NOV 1, 2022
SET PRICE NOW STANDARD TERMS
As of 4.21.21
The following standard terms (“Standard Terms”) apply and govern your use of SET PRICE NOW.com (“Website”). If You wish to visit the Website or to use the SET PRICE NOW service (the “Service”), please read these Standard Terms. You are required to accept these Standard Terms to use the website.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE STANDARD TERMS OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE THE WEBSITE OR THE SERVICE.
These Standard Terms are part of the Website Terms and Conditions governing the legal contract between you and SET PRICE NOW. Please review the Agreement and these Standard Terms carefully, including the Acceptable Website Use provision, which PROHIBITS ANY UNLAWFUL USE OF THE SITE, INCLUDING ESCORTING, PROSTITUTION AND HUMAN TRAFFICKING, and Arbitration provision, which describes how Disputes (defined below) will be resolved between us, and that no class actions may be brought under the Agreement. In order to proceed with the Agreement and to access the Services of the Website, You must acknowledge and agree to be bound by the terms of the Agreement, including the acceptable use limitations and Arbitration provision described under these Standard Terms.
1. Eligibility
You must be at least eighteen years old to use the Website. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If You create an account with us for purposes of using the SET PRICE NOW service, You represent and warrant that You have never been convicted of a felony and that You are not required to register as a sex offender or with any reciprocal designation with any government entity. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, You represent that You have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal in Your jurisdiction.
2. Term & Termination
This Agreement will remain in full force and effect while You use the Website. You may terminate Your account at any time, for any reason by following the instructions by pressing the “Delete Account” button in your View Profile section, or upon receipt by SET PRICE NOW of Your written or email notice of termination. SET PRICE NOW may terminate Your account for any reason, with or without notice. If You or SET PRICE NOW terminates Your account, You will not be entitled to any refund of unused SET PRICE NOW Coins. If Your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except any terms that by their nature expire or are fully satisfied.
3. Exclusively for Non-commercial Use by Users
The Website and the Service is for personal use only. Any other use, including use by competitors and the media, is considered Commercial Use by Commercial Users. For example, you may not use the Service in connection with any commercial endeavors such as: (i) advertising or soliciting any User to buy or sell any products or services not offered by SET PRICE NOW, (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes, (iii) press or media purposes of any kind; all media inquiries should be directed to admin@SET PRICE NOW.com, (iv) seeking leads or customer information, even if ultimately requested or received off the site, or (v) scraping or otherwise collecting data or information of any kind. Organizations, companies, agencies, and/or businesses may not open accounts and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Users of the Website may not use any information obtained from the Service to contact, advertise, solicit, or sell to any other User without his or her prior explicit consent. SET PRICE NOW may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including referring activities SET PRICE NOW deems suspicious to governmental authorities.
4. Account Security
Your account is for Your personal use only. You are responsible for maintaining the confidentiality of the username and password You designate during the registration process, and You are solely responsible for all activities that occur under Your username and password, including distribution of Your personal information to other users. You acknowledge that SET PRICE NOW is not responsible for third-party access to Your account information or personal information that results from voluntary distribution or theft or misappropriation of Your username or password or personal information.
5. Risk Assumption and Precautions
SET PRICE NOW IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR USER OF THE SERVICE. YOU ASSUME ALL RISK WHEN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER USERS, INCLUDING DATING OR SENDING MONEY TO ANOTHER USER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE SERVICE. You should not provide Your financial information (for example, Your credit card or bank account information), or wire or otherwise send money, to other USERS, except through the SET PRICE NOW Website.
SET PRICE NOW DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS. However, SET PRICE NOW reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
Users may have the option to pay a third party to perform a self-background screening based on information the User provides the third party. Users who pass such a self-background screening may have a “Background Verified” mark displayed on their profile. You understand SET PRICE NOW makes no guarantees, express or implied, regarding the accuracy or reliability of the third party self-background screening or “Background Verified” mark and in no event will SET PRICE NOW be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the self-background screening or “Background Verified” mark.
You understand that SET PRICE NOW makes no guarantees, either express or implied, regarding Your ultimate compatibility with individuals You meet through the Service or as to the conduct of such individuals.
6. Proprietary Rights
SET PRICE NOW, Inc., owns and retain all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of SET PRICE NOW, Inc. Except for that information that is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
7. Acceptable Website Use
You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post” or “Posting”) on the Website or as part of the Service or transmit to other Users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not Post on the Website or as part of the Service, or transmit to Website or any other User (either on or off the Website), any material or engage in conduct on or through the site: (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful, or (iv) use of multiple accounts for one user. You represent and warrant that all information that You submit upon registration is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false.
SET PRICE NOW reserves the right, but has no obligation, to monitor any Content You post on the Website or as part of the Service. SET PRICE NOW may remove any Content that, in its sole opinion, violates, or may violate, any applicable law, the letter or spirit of this Agreement, or upon the request of any third party and any User that posts such Content.
By Posting Content on the Website or as part of the Service, You automatically grant to SET PRICE NOW an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to: (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its Contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
The Website may be used only for lawful purposes by individuals seeking relationships. As one of the conditions of Your use of the Website and the Service, You represent, warrant, and agree that You will not use (or plan, encourage, or help others to use) the Website or the Service for any purpose or in any manner that is prohibited by this Agreement or by applicable law (including but not limited to any applicable export controls). It is Your responsibility to ensure that Your use of the Website and the Service complies with the Agreement and to seek prior written consent from the site for any uses not permitted or not expressly specified herein. SET PRICE NOW specifically prohibits any use of the Website or the Service, and You hereby agree not to use the Website or the Service, for any of the following:
- Using the Website as an escort or prostitute or using the Service to promote, solicit, or engage clients for an escort or prostitution service, or to engage or facilitate human trafficking of any kind, including past escort activities or affiliation with an escort site or service;
- Posting or sending material that exploits people under the age of 18, or solicits personal information from anyone under 18, failing to report knowledge of a person under the age of 18 to admin@SET PRICE NOW.com, or continuing to use the site to interact in any way with anyone You know or believe is under the age of 18. Any violation of these prohibitions will result in termination of Your account and possible referral to law enforcement or other agencies, such as the National Center for Missing and Exploited Children;
- Posting any incomplete, false, misleading, or inaccurate Content about Yourself and/or Your profile;
- Posting any Content that is not entirely Your own or for which You do not have full rights to use;
- Impersonating, or otherwise misrepresenting an affiliation, connection or association with, any person or entity;
- If You have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing Your password with any third parties, or using Your password for any unauthorized purpose; using meta tags or code or other devices containing any reference (express or implied) to the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Website) to direct any person to any other website for any purpose;
- Soliciting passwords or personal identifying information for commercial or unlawful purposes, or for any other reason that would constitute a violation of this Agreement, from other users;
- Engaging in advertising to, or solicitation of, other Users to send money, or buy or sell any products or services. You may not transmit any chain letters or junk/spam email to other Users. If You breach the terms of this subsection and send or post unsolicited bulk email, spam, or other unsolicited communications of any kind through the Service, You acknowledge that You will have caused substantial harm to SET PRICE NOW;
- Initiating contact with Users off site by any other means without first obtaining explicit permission from them to do so via the Website;
- Posting advertisements or solicitations of employment, business, or pyramid schemes;
- Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
- Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity;
- Engage in any activity that violates criminal laws of the jurisdiction in which the User resides, visits or contacts Users;
- Stalking or otherwise harassing any other Users or Company employees or representatives;
- “Frame” or “mirror” any part of the Service or the Website, without the Company’s prior written authorization;
- Any competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor; and
- Recruiting, including for pornography, modeling, or escort sites or brothels.
8. No Harassment of SET PRICE NOW Employees
You will not harass, annoy, intimidate, or threaten any SET PRICE NOW employees or agents engaged in providing any portion of the Service to You. If we feel that Your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate Your account and You will not be entitled to any refund of unused subscription fees.
9. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact our Copyright Agent at info@SETPRICENOW.com and provide the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that You claim is being infringed; identification of the material that is claimed to be infringing and where it is located on the Website; information reasonably sufficient to permit SET PRICE NOW to contact You, such as Your address, telephone number, and email address; a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf. Only copyright notices will be accepted at the above email address. All other inquiries or requests will be discarded.
10. Account and Usership
If necessary, you must provide current, complete, and accurate information for Your Billing Account. You must promptly update all information to keep Your Billing Account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and You must promptly notify Website if Your payment method is canceled (including if You lose Your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of Your username or password). If applicable, changes to such information can be made at “Account Settings” on the Website. If You fail to provide us any of the foregoing information, You agree that You are responsible for fees accrued under Your Billing Account. In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for Your credit or debit card as provided by Your credit or debit card issuer.
You agree that all payments made on the Website are final, and You will not challenge or dispute the charge with Your bank. You further agree that should You have any issues relating to Your payment (such as duplicate billing), You will email us at info@SETPRICENOW.com. Should a dispute be initiated with Your bank, You agree that You will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank. You agree that You will pay any outstanding balance You have with Website within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and You agree that a collections fee of up to 50% of the outstanding balance will be added to the amount that You owe.
SET PRICE NOW MAINTAINS A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ON THE WEBSITE ARE FINAL. IF YOU CHOOSE TO PURCHASE SET PRICE NOW COINS ON THE WEBSITE, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED SET PRICE NOW COINS OR REMAINING CREDITS.
When You delete Your Website account or if Your account is suspended for violating this Agreement or other policies, You agree that any remaining or unused SET PRICE NOW Coins and credits will be forfeited and no refunds will be issued.
SET PRICE NOW Coins purchased for a specific Website account is strictly non-transferable. You agree that any remaining or unused SET PRICE NOW Coins or credits associated with an active or deleted Website account will not be transferred to any other account belonging to You or someone else.
SET PRICE NOW reserves the right to offer free SET PRICE NOW Coins to any person(s) of its choice at any given time, for any duration, while charging other Users, at the same time. SET PRICE NOW also reserves the right to cancel any free trial period at any time, for all or any of its Users. A User profile (both subscribers and a free Usership) may remain posted on the Website even if that User is not actively using the Service. You acknowledge that although a User’s profile may be viewed, You may not be able to use the Service to communicate with that User if he or she is not then actively using the Service.
11. Service and Modification to the Website
SET PRICE NOW does not guarantee that the Website will be fully operational all the time. Users may face significant service disturbances. SET PRICE NOW DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Website. SET PRICE NOW reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice to any User, group of Users or all Users. You agree that SET PRICE NOW shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, SET PRICE NOW reserves the right at any time, in its sole discretion, to block users related to certain IP addresses from accessing the Website or Service.
12. User Information
When You register for our Service on the Website, You will be asked to provide us with certain information, including but not limited to, a valid email address and phone number (Your “User Information”). SET PRICE NOW’s right to use Your User Information is described in our Privacy Policy. Please see our Privacy Policy for further details regarding use of Your User Information. SET PRICE NOW reserves the right to offer third-party services and products to You based on the preferences that You identify in Your User Information and at any time thereafter; such offers may be made by us or by third parties and are governed by our Privacy Policy.
You acknowledge and agree that SET PRICE NOW may disclose in whole or in part Your User Information and Content if required to do so by law, at the request of a third party (subject to our Privacy Policy), or if we, in our sole discretion, believe that disclosure is reasonable to: (1) comply with the law, requests or orders from law enforcement, or any compulsory legal process (2) protect or defend Website, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Notwithstanding any other provision of this Agreement or the Privacy Policy, SET PRICE NOW reserves the right, but has no obligation, to disclose any User Information and Content that You submit to the Service, if, in its sole opinion, SET PRICE NOW suspects or has reason to suspect, that the information involves a party who may seek to commit a crime, be committing a crime, or be the victim of abuse in any form or a crime. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, domestic violence, or human trafficking. Information may be disclosed to authorities that SET PRICE NOW, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that SET PRICE NOW is permitted to make such disclosure.
13. Links
The Website may contain, and the Service may provide, links to sites that are not maintained by SET PRICE NOW. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that such sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If You decide to access linked third-party websites, You do so at Your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that SET PRICE NOW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such linked website or resource.
14. Disclaimers
- SET PRICE NOW is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Users, or by any of the equipment or programming associated with or utilized in the Service.
- SET PRICE NOW is not responsible for the conduct of any kind, whether online or offline, of any User of the Website or User of the Service.
- SET PRICE NOW is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or User communications.
- SET PRICE NOW is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service.
- Under no circumstances will SET PRICE NOW be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interaction or contact between users of the Website, whether online or offline.
- THIS SITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SET PRICE NOW PROVIDES THE WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. SET PRICE NOW DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
- From time to time, SET PRICE NOW may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Website and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. SET PRICE NOW DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL SET PRICE NOW BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY USERS.
- SET PRICE NOW cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- This Website is only a venue—it acts as a venue for individuals to post personal and contact information for purposes of dating. SET PRICE NOW is not required to screen or censor information posted on the Website, including but not limited to, the identity of any user and any user content. We are not involved in any actual communication between Users. As a result, we have no control over the quality, safety, or legality of the information or profiles posted, or the truth or accuracy of such information. You agree You are solely responsible for Your interactions with other Users and that SET PRICE NOW, Inc. is not liable in any way for User communications. SET PRICE NOW reserves the right, but has no obligation, to monitor disputes between You and other Users. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occurs outside of the scope of the Website. The Website and Service is a tool for providing the initial contact between Users, anything beyond that is not in our control and is done so at the Users’ own risk. Users must use common sense about what information they reveal to others via email or any other means of communication. It is Your responsibility to ensure your safety and to investigate Users and verify they are legitimate relationship seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution You to be skeptical of any User until You learn more about them and verify their background.
- In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Website or through the services provided for under this Agreement are for informational and entertainment purposes only and are not intended to replace or substitute any professional, financial, medical, legal, or other advice. SET PRICE NOW makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist and seek immediate attention of the proper professional.
- You specifically acknowledge and agree that SET PRICE NOW is not liable for Your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the Website without liability or notice to You.
15. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SET PRICE NOW BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SET PRICE NOW KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SET PRICE NOW’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SET PRICE NOW BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
To the fullest extent permitted by applicable law, You release SET PRICE NOW from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, or related to, disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
16. Litigation and Arbitration
Arbitration is the submission of a dispute to an unbiased third party designated by the parties to the controversy, who agree in advance to comply with the ruling, decisions, award or judgment after a hearing at which all parties to the controversy have an opportunity to be heard. YOU AND SET PRICE NOW INC. AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute (defined below), and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
You and SET PRICE NOW agree that any disputes arising out of, or related to, the Website, the Service, the Agreement and/or any policies or practices of SET PRICE NOW (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION. Notwithstanding the above, SET PRICE NOW is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage You to contact us at INFO@SETPRICENOW.com before resorting to arbitration.
YOU AND SET PRICE NOW ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither You nor SET PRICE NOW agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
SET PRICE NOW, Inc. may bring actions on its Users’ behalf where its rights may be implicated.
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by a third-party arbitrator not affiliated with SET PRICE NOW, in accordance with commercial arbitration rules of the American Arbitration Association, and if deemed appropriate by the arbitrator, any supplementary procedures for consumer disputes.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against SET PRICE NOW (except for small-claims court actions) may be commenced only in the federal or state courts located in San Diego County, San Diego. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitation period constitutes a waiver of such claim and serves as a complete bar to any claim based on any Dispute.
This Agreement, and any Dispute between You and SET PRICE NOW shall be governed by the laws of the state of California without regard to principles of conflicts of law.
If You access the Website or use the Service from outside the United States, You waive all rights under the laws and regulations of the territory from which You access or use the Website or Service. Regardless of whether You access the Website or use the Service from outside the United States, all Disputes shall be resolved in the United States as described above.
Any claim under this Agreement, whether arbitrated or not, are governed by California law and may be brought only in the state or federal courts in San Diego, CA.
17. Indemnity
You agree to defend, indemnify, and hold harmless SET PRICE NOW, its officers, directors, employees, agents, affiliates, and subsidiaries from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from Your use of the Website, the Service, or Your breach of the terms of this Agreement (including any breach of Your representations and warranties contained herein), any postings or Content You post on the Website or as a result of the Service, and the violation of any law or regulation by You. You, and Your estate in the case of Your death, further agree that this indemnification provision covers all third-party claims, actions or demands, including those filed by Your spouse, children, or family. SET PRICE NOW reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with SET PRICE NOW in connection therewith.
18. General Provisions
Violation of this Agreement may cause SET PRICE NOW irreparable harm, and You therefore agree that SET PRICE NOW will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that SET PRICE NOW may have for a breach of this Agreement.
This Agreement, accepted upon use of the Website and further affirmed by becoming a User of the Service, the Privacy Policy appended herewith and also located on the Website, and any applicable payment, renewal, and additional Service terms, comprise the entire agreement between You and SET PRICE NOW regarding the use of the Website and/or the Service, superseding any prior agreements between You and SET PRICE NOW related to Your use of the Website or Service (including, but not limited to, any prior versions of this Agreement).
Unless otherwise explicitly stated, this Agreement will survive termination of Your account. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of SET PRICE NOW to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that Your online account is non-transferable and all of Your rights to Your profile or contents within Your account terminate upon Your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and You may not make any representations or bind SET PRICE NOW in any manner.
19. Notice
The Company may provide You with notices, including those regarding changes to the Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if You violate this Agreement by accessing the Service in an unauthorized manner. You agree that You are deemed to have received any and all notices that would have been delivered had You accessed the Service in an authorized manner.
20. Revision Date and Amendment.
These STANDARD TERMS are subject to change by SET PRICE NOW at any time. The revised terms will be effective upon posting on the Website and Your use of the Service after such posting will constitute acceptance by You of the revised Standard Terms.
SET PRICE NOW STANDARD TERMS V. 1 2022