These Terms of Use (“Terms of Use”) constitute a legally binding agreement between you (“user” or “you”) and our company (“Company” or “we”) and establish the terms under which you may use our website and the Services contained therein (as defined below). These Terms of Use incorporate our Privacy Policy and together will be referred to as the “Terms”. It is important that you take the time to read the Terms carefully before accessing or using our website and Services.
1 Acceptance of the Terms:
1.1 By accessing or using our websites or the Services (as defined below), you acknowledge that you have read, understood, and agreed to these Terms of Use. You agree to be bound by these Terms of Use and to comply with all applicable laws and regulations regarding the use of the Service. You also acknowledge that these Terms of Use constitute a legally binding and enforceable contract between you and us, further reinforcing the class action waiver and arbitration provision as detailed below in the dispute resolution section.
1.2 IF YOU DO NOT AGREE WITH ALL OR PART OF THE TERMS DESCRIBED HEREIN, PLEASE DO NOT ACCESS THE WEBSITE OR USE THE SERVICES IN ANY MANNER.
2 Eligibility and Age Limitation:
2.1 You warrant that you are eligible to enter into these Terms of Use and are not prohibited by any authorized authority, court order, or law from entering into any agreement; you have all appropriate authorization if acting on behalf of a corporation to enter into these Terms of Use. You further represent and warrant that you are at least eighteen (18) years of age and are legally competent to enter into these Terms. We reserve the right to request proof of age at any stage to verify that individuals under eighteen (18) years old are not using our website.
3 Scope of the Services
3.1 The Website provides comprehensive information, comparison tables, and resources about various goods, services, or products of interest to you, which are owned or operated by our third-party partners (“Third Party Service”). We provide information that we believe will be of interest to you and comparative graphics, including, without limitation, User-Generated Content (e.g., UGC as defined below), links to Third Party Services and content, as well as articles, blogs, and opinions provided by us, you, other users, or third-party contractors, including any text, logos, phone numbers, button icons, images, data compilations, documents, descriptions, software, code, designs, links, data, graphics, and other features provided (collectively, the “Content” and, together with the website, shall be referred to as the “Service(s)”). The Services are owned and developed exclusively by us. We review and evaluate the information we find according to our criteria to present the Third-Party Services we believe are the highest-rated. You acknowledge that the Services are for informational and editorial purposes only and may contain Content that you may find offensive. We make our best efforts (though we are not obligated) to actively monitor the Services and Content, including UGC (as defined below) submitted or viewed on the Site. However, we do not endorse or support any Content submitted to the website. Our Services are provided free of charge. We can maintain a high-quality, free Service by charging an advertising fee from featured brands whenever a user completes a purchase. For more information, see the “How We Measure” section below.
4 Use of the Website and Services
4.1 The Services are provided for your personal, non-commercial use only; you agree to use the Services as set forth in the Terms. You are responsible for any UGC you may submit to the Website. You are responsible for any of your actions that violate or may reasonably be interpreted as a violation of these Terms. You may not use the Services in any way that may disrupt other users or people’s use of the Website. We reserve the right to investigate any violation or alleged violation of these Terms and to report to law enforcement authorities and prevent you from using the Services. We may also limit your use of the Services for any reason or no reason at all and retain the right to terminate your use of the Services at our sole discretion. We reserve the right to refuse or accept the posting, display, or transmission of any Content you submit to the Website at any time and at our sole discretion. We are not responsible for storing or maintaining any Content submitted or posted to the Website and will not be liable for any failure to store or maintain any Content. Additionally, you agree that you will not, directly or indirectly: (i) make copies, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative works, circumvent or hack the Services, or gain unauthorized access to the Services or their related systems and networks; (ii) sublicense, resell, rent, lease, assign any right, share, transmit, or commercially exploit or make the Services available to any third party, or any part thereof; (iii) use the Services in a fraudulent or unlawful manner; (iv) claim any proprietary rights or remove, obscure, or alter any proprietary notices or disclaimers that appear on the Services. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein; (v) use, access, or attempt to access the Service in connection with any automated means; (vi) use the Company’s name, logo, or trademarks without our prior written consent; and (vii) extract, collect, or store personal data about other users without their express permission. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
5 Third-Party Services, Websites, and Links
5.1 Third-Party Services may include links to third-party websites or other digital assets, contact information (e.g., phone number, etc.) to enable you to view, access, or contact such third parties. These links or phone numbers may be posted by us, you, other users, or third parties. You acknowledge and agree that (i) we do not guarantee access, recording, listening, or viewing of any specific Third-Party Service; (ii) we do not own or control, nor are we responsible for, any Third-Party Service, and we do not exercise editorial or programming control over any content or offers contained therein; (iii) the owners or licensors of the Third-Party Services may alter or delete their websites or any content or services at any time, including the terms of offers (price, features, etc.); and (iv) by accessing Third-Party Services, contacting the third party via phone number or otherwise, or interacting, engaging, or using Third-Party Services, you will be subject to the terms of service and privacy policies of those third parties, which can be found on their respective websites, as well as their customer service, telemarketing, and sales practices. You should carefully review the applicable Third-Party Services' terms and policies to ensure you are interested in those services and authorized to use the Third-Party Services and comply with applicable requirements and restrictions (e.g., residents of certain countries may be prohibited from using some Third-Party Services). You may be exposed to Content that may be considered offensive or unacceptable, and you waive any claim against us related to any Third-Party Content. We do not guarantee that the information or content provided by us or by third parties is error-free, reliable, adequate, accurate, or complete.
6 User-Generated Content
6.1 You may have the opportunity to submit, post, email, or make available other Content to the Website (collectively, "User-Generated Content" or "UGC"). You agree that you may not post or make available UGC that (i) is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable; (ii) violates any rights of any party, including, without limitation, intellectual property rights or other proprietary rights; or (iii) contains any content of an advertising or promotional nature that has not been previously approved by us in writing. You grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, and publicly display such UGC in any form, medium, or technology known or later developed in connection with the Services, and waive any moral rights you may have in such UGC. You may not submit UGC that you do not have the right to share or that infringes on third-party rights. From the moment you submit UGC, you represent and warrant that you own all necessary rights and licenses to such UGC and that by using such UGC, you will not violate or infringe on the intellectual property rights or other rights of any person or entity. We are not responsible for the UGC that you or other users may post, and we do not endorse, support, or represent the accuracy or reliability of any UGC.
7 Intellectual Property
7.1 All intellectual property rights related to the Website and Services, including, but not limited to, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, belong to the Company or its licensors. The Services may include content owned or licensed by third parties, and all intellectual property rights related to such content are owned by the third party, as applicable. You may not use, copy, modify, or distribute any content or material from the Website or the Services without our prior written authorization. Except as expressly permitted in these Terms, all rights not expressly granted are reserved to the Company and its licensors.
8 Termination
8.1 We may terminate or suspend your access to the Website and Services at our sole discretion, without prior notice or liability, if you violate the Terms or if your conduct interferes with other users or the operation of the Website. Upon termination, your right to use the Website and Services will immediately cease.
9 Disclaimer of Warranties
9.1 The Website and Services are provided “as is” and “as available,” without any warranty of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not guarantee that the Website or the Services will be available, uninterrupted, or error-free. You are responsible for ensuring that your access to the Website and Services meets the necessary hardware and software requirements.
10 Limitation of Liability
10.1 In no event, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to your use or inability to use the Website or the Services, even if we have been advised of the possibility of such damages. Your sole and exclusive remedy for any claim or dispute related to the Services shall be the termination of your use of the Services.
11 Indemnification
11.1 You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, employees, agents, and partners from any claim, liability, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from your use of the Website and Services or your violation of these Terms.
12 Governing Law
12.1 These Terms are governed by the laws of the state of Delaware, without regard to its conflict of law principles. You agree that any dispute arising in connection with these Terms will be resolved exclusively in the state or federal courts located in New Castle County, Delaware.
13 Dispute Resolution
13.1 If a dispute or claim arises between you and us related to the Website or the Services, you agree to notify us in writing about the dispute and give us the opportunity to resolve the dispute directly before seeking arbitration or any other legal remedy. If the dispute is not resolved within thirty (30) days after notice, you agree that the dispute will be resolved by binding arbitration administered by the American Arbitration Association in accordance with the American Arbitration Association’s arbitration rules. The arbitration will be conducted in English and in New Castle County, Delaware. The arbitral tribunal will consist of a single arbitrator. The arbitrator will have the exclusive authority to decide the arbitrability of the dispute. You agree that to the fullest extent permitted by law, you will not participate in any class action or representative proceeding. Any decision of the arbitrator will be final and binding.
14 Amendments
14.1 We may modify, alter, or revise these Terms at any time. We will notify you of any changes through the Website or via email, and your continued use of the Website or Services following such notice will constitute your acceptance of the modified Terms.
15 General Provisions
15.1 These Terms constitute the entire agreement between you and the Company regarding the use of the Website and Services and supersede all prior agreements and understandings, oral or written, regarding this matter. If any provision of these Terms is found to be invalid or unenforceable by a competent court, the remaining provisions will remain in full force and effect. The failure to exercise any right or provision of these Terms will not constitute a waiver of such right or provision.