Front Five, LLC d/b/a PriceFight.com (“PriceFight”). The User Agreement (“Agreement”) is a legal agreement between you and PriceFight. By accessing or using PriceFight.com, you agree to be bound by all the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not use PriceFight.com (the “Website” or “PriceFight.com”).
PriceFight.com acts as a service to help consumers compare product information submitted to the Website by third party merchants (“Merchants”). Products listed on the Website are sold by Merchants and PriceFight.com does not act as an agent of sale for any Merchant. These Merchants have the ability to change their pricing or any product information, prices, or inventory at any time, which may not be reflected on the Website.
PriceFight shall not be held liable or responsible for any actions taken or not taken based upon the information displayed on the Website, or for any loss, damage, expense, or injury resulting, directly or indirectly, from any transactions conducted with any Merchant or other third party listed on the Website.
PriceFight cannot verify the information provided by Merchants or other third parties and errors in this information may occur. PriceFight does not represent or warrant that the information accessible via the Website is accurate, reliable, current, or complete and shall not be responsible for or liable for any erroneous information regarding price, shipping, description, discounts, offers, promotions, return policies, privacy policies, editorial reviews, user reviews, or any other content on the Website. You agree that you will not hold PriceFight responsible for any Merchant’s actions or inactions, including things they post or fail to post on the Website. PriceFight is not involved in the actual transaction between you and a Merchant. PriceFight has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of Merchants to sell items, or that a Merchant will actually complete a transaction. You should not rely on any information provided by the Website or PriceFight where the use of such information would cause you to suffer any loss, damage, expense or injury.
PriceFight does not transfer legal ownership of items from the Merchant to you, and nothing in this Agreement shall modify the governing provisions of Texas Commercial Code § 2.401(b) and the Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless you and the Merchant agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the Merchant, in accordance with Texas Commercial Code § 2.401(b) and Uniform Commercial Code § 2-401(2).
Regardless of the previous paragraph, if PriceFight is found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
If you have a dispute with one or more Merchants, you release us (and our officers, members, managers, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, directly or indirectly, or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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.”
The services and information provided on the Website are provided “as is,” without warranty or condition of any kind. PriceFight disclaims any warranties, either express or implied, including any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. PriceFight does not warrant or guarantee the accuracy, terms, performance, quality, comprehensiveness, or validity of any information on PriceFight.com or linked from the Website. You acknowledge sole responsibility for and assume all risk arising from your use of such web sites or resources. Links to third party web sites do not imply any endorsement of such web sites or resources, content, or services available on such web sites.
This Agreement shall be governed by the internal laws of the State of Texas, and you agree to submit to personal jurisdiction and venue in Travis County, Texas.
Any dispute between you and PriceFight shall be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) according to its Commercial Arbitration Rules and Supplementary Procedures for Online Arbitration. Any in-person hearing in such arbitration shall be held in Austin, Texas. Any arbitration shall be decided by one (1) arbitrator, and the location of the award shall be Austin, Texas. The arbitrator shall award the prevailing party its arbitration costs and attorneys’ fees as part of the award.