Terms of Use

These terms and conditions ("Terms of Use") is an agreement between you and Pricetag LLC ("Pricetag"), and governs your access to and use of all of websites, mobile applications and application programming interfaces ("APIs") created, published or otherwise provided by Pricetag (collectively, the "Services"). By using the Services, you agree to be legally bound by these Terms of Use.

1. CHANGES TO THE TERMS OF USE

The Terms of Use may be changed or modified in whole or in part at any time. These changes are deemed to be effective at the time that they are published on Pricetag's website. 

2. DEFINITIONS

"You", "your" and "user" refer to you, as a user of the Services (through any medium and in any way including scraping, crawling, integrating with or otherwise accessing the Services). In the case that you represent a company or corporation, this definition extends to that organization as well and you agree that you are duly authorized both to use the Services on behalf of that organization and to commit to these Terms of Use on its behalf.
"Vendor" refers to any provider or a product or service that uses the Services for the purposes of advertising or promoting themselves to other users.
"We", "us" and "our" refer to Pricetag.
"Quotes" refers to the quotes generated by the system used by Pricetag.
"PII" refers to personally indentifying information such as name, address, phone number or email address.
"Billing Information" refers to data beyond PII that is collected for purposes of billing a user such as credit card numbers, expiration dates or payment service credentials for third-party billers such as Braintree.
"Social Media Accounts" refers to accounts on other services such as Facebook, Twitter, LinkedIn and Google's Gmail that may be linked to from your Pricetag account. All use of Social Media Accounts is governed by their respective terms of service.

3. ELIGIBILITY TO USE THE SERVICES

To use the Services:
. You must be 18 or more years of age.
. You must have the legal authority to agree to the Terms of Use.
. You must never have had an account on Pricetag that was terminated by us.
. You must at all times while accessing the Services be duly authorized by any business that you represent. 

4. TERMINATION

Pricetag retains the right to terminate access to the Services to any user at any time without notice and without reason. In the case of termination, any and all rights to any virtual property will immediately terminate.

You may choose to close your account at any time. Doing so and discontinuing the use of the Services represents termination by you.

In any case of termination whether by us or by you, the Terms of Use shall survive and govern.

5. SERVICE AVAILABILITY

Pricetag does not represent or warrant in any way that the Services will be available or accessible to any given user at any given time. Not guarantees expressed or implied are made for uptime, performance or any other service level agreement.

6. ACCOUNTS

In order to use the Services, you must create an account. You are responsible for maintaining the security of your account by picking a unique password and keeping your password confidential. You are responsible for all activities including, but not limited to, all purchases and all content submissions made by anyone using your account.

You must submit complete and accurate PII that belongs to you. If you purchase a subscription through Pricetag, you must submit your Billing Information as well. Pricetag does not allow pseudonyms or the use of others' PII or Billing Information.

7. COMMUNICATIONS FROM PRICETAG AND OTHER USERS

By using the Services and creating an account on this website, you agree to receive certain communications from us and other users via email or via other communications channels approved by you such as Social Media Accounts. The communications include those that are necessary for the Services to function properly ("Transactional Messages"). They may also include non-essential communications to promote site functionality or other offers ("Marketing Messages"), but you can opt out of Marketing Messages through your account settings.

If you no longer wish to receive any communications from us, you must close your account. Even if you close your account, however, we may occasionally communicate with you about reopening your account pursuant with applicable laws.

8. YOUR CONTENT

"Your Content" refers to any and all information that you submit to Pricetag including but not limited to role prices, employees rates, quotes, communications with other users and your account information such as PII and Billing Information.

You are solely responsible for Your Content and, once submitted, Your Content cannot necessarily be withdrawn. You assume all risk and liability associated with Your Content including, but not limited to, claims of libel, false or misleading offers, third-party rights, violations of confidentiality, violations of law, hate speech, pornography, harm to minors, moral turpitude or false statements.

Furthermore, should you include your PII or Billing Information in forms not intended for that purpose (such as quotes, roles, additional rules or reviews), you absolve Pricetag of all responsibility for protecting it under the terms of our Privacy Policy.

You are also solely responsible for verifying the privacy settings of any of Your Content when you submit it to be sure that it will only be shared with those you intend to see it.

You own Your Content subject to these Terms of Use. We may, however, remove it and/or discard it from the Services at our sole discretion at any time and we are under no obligation to retain or return it to you once submitted.

9. CONFIDENTIALITY OF CONTENT

If the Services are used as intended, Pricetag will make commercially reasonable efforts to protect Your Content, PII and Billing Information according to the privacy settings you specify. However, we reserve the right to share your PII and Your Content upon written request to law enforcement personnel in the execution of their duties or to a duly constituted court, regulator or other authorized entity under law. We also may use Your Content to resolve billing disputes and in our own legal defense.

You represent that you have read and agree with our Privacy Policy. In the case of disagreement between these Terms of Use and the Privacy Policy, the Terms of Use shall prevail.

10. USE OF CONTENT

Pricetag may display Your Content to other users of the Services in any way in accordance with your privacy settings. Your Content that you set as public may also be used by reformatting, redacting and/or incorporating it into advertising and other derivative works in association with your name. It may also be syndicated or licensed to any third-party for any lawful purpose. To this end, you irrevocably grant us worldwide, non-exclusive, royalty-free, transferrable and sub-licensable rights to use your public Content for any lawful purpose.

11. OUR CONTENT AND INTELLECTUAL PROPERTY

The Pricetag name, logo, site design, layouts, style sheets, functionality and all other content that is not submitted by you or another user ("Our Content") is and remains the property of Pricetag to the maximum extent permitted by law. You may not copy, reproduce, publicly display or otherwise use Our Content without our written permission.

12. RESTRICTIONS ON THE USE OF THE SERVICES

While using the Services, you agree not to (and not to assist others to):
. Submit irrelevant, inappropriate or untrue content (see Your Content)
. Violate the Terms of Use
. Reverse engineer or deconstruct any portion of the Services
. Attempt to disable or interrupt the availability of the Services by excessive automated use (such as by scripts, bots other unauthorized API access) or cyber attacks (such as denial of service attacks)
. Use automated tools to parse or crawl the Services including via the API without our permission
. Attempt to violate, disable or circumvent Pricetag's privacy protection on the content, PII or Billing Information of other users
. Upload, inject or transmit any malicious software (such as computer viruses or SQL injections)
. Attempt to gain unauthorized access to the service including access to others' accounts
. Access our servers for any reason other than to use the Services as set out in these Terms of Use
. Copy, reproduce, use, sell, post or distribute in any way content other than your own including redactions and derivative works
. Attempt in any way to interrupt the proper functioning of the Services

13. QUOTES

Quotes represent a method to build a document that has pricing information of a project or product.
If your account is terminated by us or by you for any reason or for no reason, your Quotes shall immediately become inaccessible. 

14. INDEMNITY

You agree to defend, indemnify and hold harmless Pricetag, its affiliates, parents, subsidiaries and related companies, directors, owners, officers, employees, partners, licensors and licensees, agents, representatives and suppliers ("Affiliates") from any and all claims or demands (including legal fees) made by you or any third party arising out of (a) your access or use of the Service; (b) legal issues with Your Content including, but not limited to, libel; (c) your violation of the Terms of Use or Privacy Policy; (d) the unauthorized use of your account by any third party using your password; (e) your violation of any rights of other including, but not limited to, intellectual property rights; (f) your failure to honor vouchers issued by Pricetag based on a special offer you have submitted or (g) any claims or demands you may have relating to goods and/or services purchased.

Pricetag reserves the right, at your expense, to retain legal counsel and assume the exclusive defense of such claims. You agree not to attempt to settle or defend such claims without the prior written consent of Pricetag.

15. DISCLAIMER OF LIABILITY

THIS SECTION LIMITS THE LIABILITY OF PRICETAG AND ITS AFFILIATES. IT SUPERCEDES ALL OTHER SECTIONS OF THIS TERMS OF USE.

a)  THIS SERVICES ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND DISCRETION. PRICETAG AND ITS ASSOCIATES EXPLICITLY DISCLAIM ANY WARRANTIES EXPRESSED OR IMPLIED AS TO THE MERCHANTABILITY OF, FITNESS FOR OR RELIABILITY OF THE SERVICES FOR ANY PARTICULAR PURPOSE.

b)  OTHER USERS' USE OF THE SERVICES IS AT THEIR OWN DISCRETION. AS SUCH, PRICETAG AND ITS AFFILIATES TAKE NO RESPONSIBILITY FOR THE ACTIONS OF OR CONTENT CONTRIBUTED BY ANY THIRD PARTY.

c)  NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

d)  YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.

e)  PRICETAG AND ITS AFFILIATES DO NOT MAKE ANY ASSURANCES AS TO THE QUALITY OF ANY VENDOR LISTED THROUGH THE SERVICES OR TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION DISPLAYED THROUGH THE SERVICES.

f)  IN THE CASE OF YOUR DISSATISFACTION WITH THE SERVICES OR PRICETAG AND ITS AFFILIATES, YOUR SOLE RECOURSE SHALL BE THE TERMINATION OF YOUR ACCOUNT AND USE OF THE SERVICES.

g)  THE MAXIMUM AGGREGATE LIABILITY OF PRICETAG AND ITS AFFILIATES TO YOU FOR ANY LOSSES OR DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES SHALL BE THE AMOUNT OF ANY FEES PAID BY YOU TO PRICETAG FOR PRODUCTS OR SERVICES NOT YET RECEIVED BY YOU.

h)  PRICETAG AND ITS AFFILIATES DISCLAIM ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES; LOSE OF PROFITS; BUSINESS INTERRUPTION; LOSS OF REPUTATION OR GOODWILL; OR LOSS OF DATA.

i)  PRICETAG AND ITS AFFILIATES DO NOT IN ANY WAY ENDORSE, RECOMMEND, WARRANTY OR STAND BEHIND ANY GOODS OR SERVICES PURCHASED.

j) THE CONTENT OF THE PAGES OF THIS WEBSITE MAY CONTAIN OPINIONS AND/OR ASSERTIONS THAT ARE INTENDED TO BE REPRESENTED AS FACT, EXPRESSED BY USERS OF THIS WEBSITE ABOUT YOU OR OTHER USERS OF THIS WEBSITE.  YOU ACKNOWLEDGE THAT SUCH ASSERTIONS ARE SOLELY THE ASSERTIONS OF THE USER(S) POSTING THE SAME AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH ASSERTIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

16. GENERAL TERMS

a)  We reserve the right to change these Terms of Use in whole or in part at any time. The only notice to you of such a change will be the posting on the pricetaghq.com website of the new Terms of Use.

b)  If any provision of these Terms of Use is found to be unenforceable, it shall it no way impact the enforceability of the other provisions.

c)  Subtitles and headings are used for convenience only and shall not be construed to have specific meanings.

d)  Pricetag's inaction or failure to immediately enforce any part of the Terms of Use shall not be considered to be a waiver or dismissal of any rights under these Terms of Use.

e)  Your use of this website and any dispute arising out of such use of the website shall be governed by and construed in accordance with the laws of the State of New York without giving effect to principles of conflict of laws, unless superceded by the federal laws of the United States of America.  By using this website, you irrevocably submit to the jurisdiction and venue of any New York State or Federal Court located in the State of New York, County of New York over any action or proceeding arising out of or in any manner related to your use of this website.

f)  If you wish to notify us of any refund request, inappropriate or disallowed content, failure to adhere to the Terms of Service by another user or any other matter, you must use the Contact Us feature on our website.

g)  You may not create a link to this website from another website or document without Pricetag's prior written consent. 

h)  From time to time this website may also include links to other websites. These links are provided for your convenience only. They do not signify that we endorse the website(s) or any content therein. We have no responsibility for the content of the linked website(s).

i)  Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

j)  This website may contain materials which are owned by or licensed to us. These materials include, but are not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

k)  The content of the pages of this website is for your general information and use only. It is subject to change without notice.

17. SUBSCRIPTION FEES AND PAYMENT

a)  Subscription Fees. The amount of the Subscription Fees, if any, are determined by the Plan selected on the Plans and Billing Page. Subscription Fees for the new Plan will be calculated on a pro-rated basis for the remainder of the Term as specified in more detail on the Plans and Billing Page. In the event of cancellation or termination of this Agreement, no refunds will be made. User is responsible for all taxes, other than taxes levied on Pricetag's income. Subscription Fees do not include any applicable taxes. If Pricetag is required to pay any sales, use, goods and services, value added, or other taxes in relation to Paid User's purchase, those taxes will be billed to and paid by Paid User.  

b)  Payment. Paid Users shall select either annual or monthly billing for the applicable Subscription Fees. Paid User shall pay the Subscription Fees to Pricetag on the date Paid User first upgrades to a paid Plan (the "First Upgrade Date") and on every monthly anniversary thereof (if Paid User has selected monthly billing) during the term of the Agreement and on every yearly anniversary of the Effective Date (if Paid User has selected annual billing) during the term of the Agreement. All Subscription Fees will be automatically billed to Paid User's credit card. Paid User may upgrade to a paid Plan to another paid Plan at any point during the then-current term of the Agreement, and Paid User will be immediately charged, on a prorated basis, for the remainder of the then-current billing cycle. If either party terminates the Agreement before the end of the then-current term, Pricetag shall not refund any fees to Paid User.

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