Last updated: January 16, 2015
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.thepricingfactory.com website (the “Service”) operated by The Pricing Factory® (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of The Pricing Factory® and/or its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Pricing Factory®.
License to use website
Unless otherwise stated, The Pricing Factory® and/or its licensors own the intellectual property rights published on this website and materials used on www.thepricingfactory.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. Any copy of the content that you make must include the copyright notice or other attribution associated with the content.
You must not:
- republish material from this website in neither print nor digital media or documents (including re-publication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website – except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of this website through the use of iframes or screen-scrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.thepricingfactory.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without www.thepricingfactory.com’s express written consent. This includes:
- scraping
- data mining
- data extraction
- data harvesting
- ‘framing’ (iframes)
- article ‘Spinning’
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of The Pricing Factory®.
User content
In these terms and conditions, “your user content†means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to The Pricing Factory® a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Pricing Factory®, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or www.thepricingfactory.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Pricing Factory® reserves the right to edit or remove any material submitted to this website, or stored on the servers of The Pricing Factory®, or hosted or published upon this website.
The Pricing Factory®‘s rights under these terms and conditions in relation to user content, The Pricing Factory® does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by The Pricing Factory®.
The Pricing Factory® has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that The Pricing Factory®, LLC 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless The Pricing Factory® and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall The Pricing Factory® nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Pricing Factory® its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) the information on this website is complete, true, accurate or non-misleading; c) any errors or defects will be corrected; d) the Service is free of viruses or other harmful components; or e) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, www.thepricingfactory.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Pricing Factory®’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Pricing Factory®‘s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Pricing Factory®.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify The Pricing Factory® and undertake to keep The Pricing Factory® indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Pricing Factory® to a third party in settlement of a claim or dispute on the advice of The Pricing Factory®‘s legal advisers) incurred or suffered by The Pricing Factory® arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to The Pricing Factory®‘s other rights under these terms and conditions, if you breach these terms and conditions in any way, The Pricing Factory® may take such action as The Pricing Factory® deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
The Pricing Factory® may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Pricing Factory® may transfer, sub-contract or otherwise deal with The Pricing Factory®‘s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with The Pricing Factory®‘s Privacy Policy constitute the entire agreement between you and The Pricing Factory® in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
About these website Terms and Conditions
We created part of these website terms and conditions using the TOS/T&C generator available from Privacy Policy Online.
www.thepricingfactory.com’s details
The full name of www.thepricingfactory.com is The Pricing Factory® LLC.
www.thepricingfactory.com is registered in TEXAS, USA under registration number 0802032244.
The Pricing Factory® is the registered servicemark for The Pricing Factory, LLC. (Reg. No. 4,762,262)
Contact Us
If you have any questions about these Terms, please contact us by email at https://www.thepricingfactory.com/contact-us/
