Comparison Computer Terms and Conditions
Comparison Computer provides the Comparison Computer site (the “Site”) and the offered services and features (the “Services”) subject to these Terms of Service (“Terms of Service”). By using the Site and Services, you are deemed to accept and be bound by these Terms of Service, INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND CLASS ACTION WAIVER CONTAINED IN SECTION 16. If you do not accept these Terms of Service, please discontinue using the Site and Services. Your use of the Site or a service included within the Site may also be subject to additional terms that govern particular services, offers, or features, or special promotions or contests or sweepstakes (the “Additional Terms”). In the event that any of the provisions in these Terms of Service conflict with Additional Terms provided with any particular service, then these Terms of Service shall control. The Terms of Service applies regardless of the device used to access the Site and/or Services (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
Modification of These Terms of Service
These Terms of Service may change from time to time, without any notice other than posting on the relevant page. Your continued use of the Site and Services following our posting of changes constitutes your acceptance of any such changes. Please check this page from time to time for current Terms of Service.
Your License to Access Content on Site
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Comparison Computer, or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. You are granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser for non-commercial use only. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these Terms of Service are reserved by Comparison Computer.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
The Site and Services are not intended for children under 17 years of age, and you may not use the Site or Services or create a user profile, if applicable, if you are under 17. You hereby represent and warrant that you are at least 17 years of age.
Code of Conduct
When using any portion of and/or functionality on or through the Site or Services, you agree to abide by the following Code of Conduct.
You may not:
• Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
• Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
• Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
• Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
• Use the Site or Services to violate any law (whether local, state, national, or international).
No Automated Querying
You may not send automated queries of any sort to the Site, including:
• using any software which sends queries to determine how a website or webpage “ranks” for various queries;
• “meta-searching”; and
• performing “offline” searches on the Site.
You agree not to use the Site or Services to:
• Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
• Harm or threaten to harm anyone in any way;
• “Stalk” or otherwise harass any other person or entity;
• Impersonate any person or entity (including a Comparison Computer employee, or visitor), or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
• Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Manipulate identifiers in order to disguise the origin of any comment you post on the Site;
• Post any content or submit any feedback that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
Email Submission Terms
By providing your name and email address to us, you agree that we can send you email communications in connection with the feedback feature. If you opt in to receiving the Comparison Computer newsletter, we will also send you emails with news and updates about Comparison Computer’s products and services. You can choose at any time to no longer receive emails by contacting us at our Contact Page.
Use the Site and Services at Your Own Risk
You understand that by using this website you may be exposed to content that is offensive. Under no circumstances will Comparison Computer be liable in any way for such content, including, but not limited to, for any errors, omissions or misrepresentations in any linked third party website, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, any linked third party website.
You acknowledge, consent, and agree that Comparison Computer may access, preserve, and disclose your account information and/or any content you submit or make available for inclusion on the Site and/or Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of Comparison Computer, its users, and the public; or (5) to respond to your requests for customer service.
Modifications to the Services
Comparison Computer reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that Comparison Computer will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Termination of Your Access to the Services
We may terminate your use of the Site and/or Services or account in our sole discretion due to: (i) your violation of these Terms of Service; or (ii) if we consider, in our sole discretion, that (a) certain comments you have posted are inappropriate, (b) your use of the Site or Services or your behavior does not meet our standards or (c) you have otherwise violated these Terms of Service. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that Comparison Computer may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Site or Services. If you use the Site or Services in violation of these Terms of Service, Comparison Computer may, in its sole discretion, retain all data collected from your use of the Site or Services. Further, you agree that Comparison Computer shall not be liable to you or any third party for the discontinuation or termination of your access to the Site or Services.
BY USING THE SITE AND SERVICES YOU UNDERSTAND AND AGREE THAT:
• YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Comparison Computer EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. THIS WEBSITE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
• ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT COMPARISON COMPUTER, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
• THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES,
• THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
• THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
• RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT Comparison Computer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Comparison Computer, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms of Service, or (e) your violation of any rights of another party.
Copyright and Trademark Protection
All contents of this Website are: Copyright (c) 2018 Comparison Computer All rights reserved.
Notice for Claims of Copyright Infringement
Under the Fair Use Exception to U.S. Federal Trademark Law, images and trademarked names may be used without permission in an editorial context as a means to inform, compare, and describe various commercial products. The Digital Millennium Copyright Act does not trump the Fair Use Exception to U.S. Federal Trademark Law.
These Terms of Service and the relationship between you and Comparison Computer are governed by the laws of the State of Arizona without regard to its conflict of law provisions.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
Except as otherwise provided in this section 16, by using the Site and Services, you and Comparison Computer agree to submit any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination or invalidity of these Terms of Service or this arbitration provision (including questions of its formation and enforceability) to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, which can be found here, by one or more arbitrators appointed in accordance with those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of Hawaii as set forth in section 15 above. You agree to submit to binding arbitration in either Honolulu, Hawaii or your county of residence. Comparison Computer will agree to commence arbitration in your county of residence. At your written request, Comparison Computer will consider any requests to advance or reimburse any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse Comparison Computer for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
YOU WAIVE ANY RIGHT TO A CLASS ACTION BY USING THIS WEBSITE OR OUR SERVICES.
Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor Comparison Computer will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.
YOU HAVE NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM.
YOU ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 16 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, Comparison Computer, OR Comparison Computer INDEMNIFIED PARTIES, BOTH YOU AND Comparison Computer STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by Comparison Computer to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in Hawaii, for provisional remedies, including temporary restraining order, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized in this section 16.
Severability of These Terms of Service
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms of Service shall continue in full force and effect.
Limitation of Actions Brought against Comparison Computer
You agree that any claim or cause of action arising out of your use of the Site or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Comparison Computer to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision
Third Party Beneficiaries
You agree that, except for Comparison Computer and as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to this agreement.
The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.