Terms and Conditions of Use
1. UltimatePricechecker.com and UltimatePricecheckerUSA.com are owned and operated by Howtobewebsmart.com L.L.C. (all use of “we”, “us,” “HTBWS” or “our” refers to Howtobewebsmart.com L.L.C., and use of the terms “this site” or “our site” refers to Howtobewebsmart.com). In using UltimatePricechecker.com and UltimatePricecheckerUSA.com you recognize that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true. These Terms and Conditions of Use are subject to change, and should be reviewed regularly.
2. This site contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, UltimatePricechecker.com and UltimatePricecheckerUSA.com are intended for your personal, noncommercial use only. You may download material from UltimatePricechecker.com and UltimatePricecheckerUSA.com and may use UltimatePricechecker.com and UltimatePricecheckerUSA.com for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Block-quotes, quotations, and other original UltimatePricechecker.com and UltimatePricecheckerUSA.com material used on other websites shall likewise be governed by applicable copyright law and shall include a link to the original material on UltimatePricechecker.com and UltimatePricecheckerUSA.com, provided such a link exists.
3. By using our site you are agreeing to be bound by these Terms. Accessing UltimatePricechecker.com and UltimatePricecheckerUSA.com in any manner for the purpose of obtaining information, technical or otherwise, about this site constitutes use of UltimatePricechecker.com and UltimatePricecheckerUSA.com such that the party accessing this site is bound by these Terms. Because the Web is an evolving medium, we may need to change these Terms or impose new conditions on use of this site from time to time in which case we will post the revised Terms of Use on this website. By continuing to use UltimatePricechecker.com and UltimatePricecheckerUSA.com after we post any such changes, you accept the new Terms and Conditions of Use, as modified.
License to Use UltimatePricechecker.com and UltimatePricecheckerUSA.com
4. By posting messages, uploading files, or otherwise providing any material for display on Howtobewebsmart.com, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on UltimatePricechecker.com and UltimatePricecheckerUSA.com, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
A. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;
B. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
5. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Disclaimers
6.1 UltimatePricechecker.com and UltimatePricecheckerUSA.com include links and pointers to Internet sites, content and services provided by third parties. UltimatePricechecker.com’s and UltimatePricecheckerUSA.com’s linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. You take full responsibility for using that information and third-party sites and verifying them for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website please read their contracts of service, purchase, or other applicable terms carefully before deciding to buy. Your contract for those products or services will be with them, not us. When you use other websites, you recognize that any personal information you give them will be dealt with in line with their privacy policies, and not the privacy policy of UltimatePricechecker.com and UltimatePricecheckerUSA.com, so please make sure to read the privacy policies of each website you use.
In addition, Howtobewebsmart.com L.L.C. does not operate or control in any respect any information, products or services that third parties may provide on or through UltimatePricechecker.com and UltimatePricecheckerUSA.com or on websites linked to by UltimatePricechecker.com and UltimatePricecheckerUSA.com. The materials, information, products and services offered on or through UltimatePricechecker.com and UltimatePricecheckerUSA.com and any third-party sites are provided “as is” and without warranties of any kind, either express or implied. The information contained in sites linked from UltimatePricechecker.com and UltimatePricecheckerUSA.com may not be up to date at the time of your access. Howtobewebsmart.com L.L.C. assumes no liability from the timeliness of content on others’ sites. To the fullest extent permissible pursuant to applicable law, Howtobewebsmart.com L.L.C. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Howtobewebsmart.com L.L.C. does not warrant that UltimatePricechecker.com and UltimatePricecheckerUSA.com or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including comment boards, or the servers that make it available, are free of viruses or other harmful components. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through UltimatePricechecker.com and UltimatePricecheckerUSA.com are free from such contaminations or other harmful properties.
6.2 Howtobewebsmart.com L.L.C. can not and does not warrant the completeness, truth or accuracy of the information or other content or postings found on this site, or their usefulness for any particular purpose. You acknowledge and agree that you bear full responsibility for your own research and decisions and that Howtobewebsmart.com L.L.C. shall not be liable for any action that you or others take or don’t take based on your use of or reliance on information provided on UltimatePricechecker.com and UltimatePricecheckerUSA.com, by Howtobewebsmart.com L.L.C., or other users of this site.
6.3 Information on UltimatePricechecker.com and UltimatePricecheckerUSA.com does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Howtobewebsmart.com L.L.C. and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. Given that the impact of any information expressed on UltimatePricechecker.com and UltimatePricecheckerUSA.com can vary widely based on your particular circumstances, you should always carry out your own research into the product that is of interest to you.
7. Howtobewebsmart.com L.L.C. does not warrant or make any representations regarding the use or the results of the use of this site or materials on this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Howtobewebsmart.com L.L.C.) assume the entire cost of all necessary maintenance, repair or correction.
8. This site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Howtobewebsmart.com should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use. The effect of what is set out here is that you agree that under no circumstances will Howtobewbesmart.com L.L.C. be held liable for any direct, indirect, incidental or other type loss or injury resulting from your use of , or downloading of any content on UltimatePricechecker.com and UltimatePricecheckerUSA.com.
Suggestions/Comments/Chat Forums/Message Boards
9.1 Howtobewebsmart.com L.L.C. requires that your use of suggestions, comments, any future chat forums or message boards, or other communication systems on UltimatePricechecker.com and UltimatePricecheckerUSA.com, is lawful. By using the suggestions page, comments section, future chat forums or message boards on this site, you acknowledge that we have full discretion to allow or deny comments, chats, or messages on this site.
All commercial spam - whether as comments, sent in email form, or otherwise - is subject to the CAN-SPAM Act of 2003, all relevant state and federal laws, and all other provisions of these Terms.
9.2 You may not use the comment systems or any of communications systems on this site for any illegal purpose and in particular you will not:
9.2.1 post or transmit material that infringes the intellectual property rights or other rights of others or post or transmit any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person as determined by Howtobewebsmart.com L.L.C. at our sole discretion;
9.2.2 post or transmit advertisements for solicitations of business;
9.2.3 after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
9.2.4 post or transmit chain letters or pyramid schemes;
9.2.5 impersonate another person;
9.2.6 post or transmit any files containing viruses or other harmful computer code;
9.2.7 harvest or otherwise collect or use information about others, including e-mail addresses, without their explicit consent;
9.2.8 allow any other person or entity to use your identification for posting or viewing comments or for communicating with other users;
9.2.9 post the same note more than once or “spam”; or
9.2.10 engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our site, or which, in our judgment, exposes this site or Howtobewebsmart.com L.L.C. to any liability or detriment of any type.
9.3 Please note that any posting of information as comments, future chat forums, future message boards, or other communication systems, is the opinion of the person posting only and in no way reflects our opinions or attitudes. This site may operate an open comment system and sometimes comments/chats/messages may be posted that are misleading, deceptive, or downright wrong. You should not therefore rely on information being accurate or complete. If you do, you do so at your own risk.
9.4 Howtobewebsmart.com L.L.C. does retain final approval on what comments are allowed on this site – however, Howtobewebsmart.com L.L.C. does rely on you to inform if you spot any abuse or inappropriate behavior, in which case Howtobewebsmart.com L.L.C. will review specific postings. If you feel you have been threatened, damaged or abused via communication systems that Howtobewebsmart.com L.L.C. operates or if you believe any infringement of your rights may have occurred through this site please contact Howtobewebsmart.com L.L.C. at info[at]howtobewebsmart.com (when emailing, replace the ‘at’ with ‘@’].
9.5 Howtobewebsmart.com L.L.C. reserves the right (but is not obliged) to do any or all of the following:-
9.5.1 deny any comments that Howtobewebsmart.com L.L.C. feels is inappropriate for this site
9.5.2 investigate a claim that any one or more communication does not conform to these Terms and determine in our sole discretion to remove or request the removal of the communication(s).
9.5.3 remove without notice communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
9.5.4 terminate a user’s access to post messages to any or all communication areas at this site.
9.5.5 monitor, edit, or disclose any communication in these areas.
9.5.6 edit or remove any communication(s) posted on this site, regardless of whether such communication(s) breaches these Terms.
9.5.7 send abuse reports to your Internet Service Provider.
legal recourse permitted under both civil law and criminal statutes.
9.6 You agree to indemnify, defend and hold harmless Howtobewebsmart.com L.L.C., our members, directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss Howtobewebsmart.com L.L.C. may incur (including reasonable legal fees) as a result of any material that you post or transmit using this sites comments, future chat forums or message boards, or other communication systems, any actions you take which disrupt access to and/or functioning of UltimatePricechecker.com and UltimatePricecheckerUSA.com or any breach by you of your obligations under these Terms.
Online Commerce
10. In addition, this site may allow you to purchase many different types of products and services online that are provided by third parties. Howtobewebsmart.com L.L.C. is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on UltimatePricechecker.com and UltimatePricecheckerUSA.com or on a site linked to by UltimatePricechecker.com and UltimatePricecheckerUSA.com, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. Howtobewebsmart.com L.L.C. has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on the appropriate information links or contact the merchant website directly. You release Howtobewebsmart.com L.L.C. and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties on UltimatePricechecker.com and UltimatePricecheckerUSA.com.
Jurisdiction
11. These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Durham County, North Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Privacy
12. UltimatePricechecker.com and UltimatePricecheckerUSA.com takes your privacy seriously. Please read UltimatePricechecker.com's and UltimatePricecheckerUSA.com's privacy policy.
Changes
13. These Terms were published on Ocotber 25, 2007 and are the Terms and Conditions of UltimatePricechecker.com and UltimatePricecheckerUSA.com.
Contact Information
14. If you have any questions, please contact info[at]howtobewebsmart.com (when emailing, replace the ‘at’ with ‘@’).