Thank you for visiting price-kicker.co.uk. The Price-Kicker UK World Wide Website, the homepage of which is located at www.price-kicker.co.uk, is a property of Price-Kicker.com. This website, the Price-Kicker.com search engine, and other Price-Kicker.com services (the "Price-Kicker.com Services") are governed by the terms and conditions of service and use ("Terms") set forth below. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE Price-Kicker.com SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE PRICE-KICKER.COM SERVICES.
Price-Kicker.com owns and operates the Price-Kicker.com Services. The Price-Kicker.com Services display search results or links to third party websites that are gathered and indexed by Price-Kicker.com's systems and computers as a result of a user query ("Search Results"). Price-Kicker.com cannot be responsible for such Search Results and their content.
The Price-Kicker.com Services are made available for your personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Price-Kicker.com Services. For example, you may not use the Price-Kicker.com Services to sell or advertise a product or service or to increase traffic to your website for commercial reasons. You may not take the Search Results and reformat and display them, or mirror the Price-Kicker.com homepage or Search Results on your website.
You may not send automated queries of any sort to the Price-Kicker.com Services or to Price-Kicker.com's computer systems without our prior written permission. "Sending automated queries" includes without limitation: (a) using any software that sends various queries to the Price-Kicker.com Services to determine how a website or webpage "ranks" in the Search Results for various queries; (b) "meta-searching" the Price-Kicker.com Services; (c) performing "offline" searches on the Price-Kicker.com Services; or (d) using any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic device) to access the Price-Kicker.com Services or monitor or copy the Price-Kicker.com Services or any Search Results.
You agree not to interfere with or disrupt the Price-Kicker.com Services, servers or networks connected to the Price-Kicker.com Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Price-Kicker.com Services. Without our prior written permission, you may not: (a) allow, enable, or otherwise support the transmission of unsolicited commercial advertising or solicitations via e-mail (spam) from, to, or using the Price-Kicker.com Services; or (b) frame the Price-Kicker.com Services, the Price-Kicker.com homepage, or the Search Results, place pop-up windows over such pages, or otherwise affect the display of such pages.
Price-Kicker.com and other related trade names, graphics, logos, and service marks used on the Price-Kicker.com Services are the trademarks of Price-Kicker.com and may not be used by you without our prior written permission. Notwithstanding the foregoing, trade names or other trademarks contained in the Search Results belong to third parties, and Price-Kicker.com has no control over or responsibility for such trademarks.
We reserve the right, at any time, to modify the Price-Kicker.com Services or these Terms or to modify, suspend, or discontinue the Price-Kicker.com Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Price-Kicker.com Services or these Terms or modification, suspension, or discontinuance of the Price-Kicker.com Services. Your continued use of the Price-Kicker.com Services following the notification of any changes to these Terms shall indicate your acknowledgement of such changes and agreement to be bound by the updated Terms.
THE PRICE-KICKER.COM SERVICES, AND ALL INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE PRICE-KICKER.COM SERVICES ARE PROVIDED "AS IS." PRICE-KICKER.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. PRICE-KICKER.COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRICE-KICKER.COM SERVICES. PRICE-KICKER.COM DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRICE-KICKER.COM SERVICES. PRICE-KICKER.COM DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BEOMCE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PRICE-KICKER.COM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRICE-KICKER.COM SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRICE-KICKER.COM OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRICE-KICKER.COM SERVICES INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PRICE-KICKER.COM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ON ANY THRORY OF LIABILITY.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER YOUR DAMAGES ARISE FROM (A) YOUR MISUSE, RELIANCE ON, OR INABILITY TO USE THE PRICE-KICKER.COM SERVICES; (B) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRICE-KICKER.COM SERVICES; (C) GOODS, SERVICES, INFORMATION, ADVICE, OR MATERIAL DOWNLOADED, ACCESSED, RECEIVED, OR OBTAINED THROUGH THE PRICE-KICKER.COM SERVICES; OR (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRICE-KICKER.COM SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRICE-KICKER.COM SERVICES. PRICE-KICKER.COM'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PRICE-KICKER.COM SERVICES SHALL NOT EXCEED FIFTY DOLLARS ($ 50). MULITPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. PRICE-KICKER.COM'S LICENSORS WILL HAVE NO LIABILITY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to defend, indemnify, and hold harmless Price-Kicker.com, its officers, directors, agents, and employees, from any and all damages, costs, claims, losses, expenses, or liabilities arising from or related to (a) any actual or alleged violation by you of these Terms; (b) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the Price-Kicker.com Services; or (c) your violation of any rights of any other person or entity.
Price-Kicker.com respects the intellectual property of others. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. In response to such notices, we may remove from the Search Results or disable access to websites containing material claimed to be infringing. If you believe that Price-Kicker.com is including in the Search Results a work that has been copied, distributed, or used by a third party in a way that constitutes copyright infringement, please provide Price-Kicker.com's agent with the written information specified below: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of the website location of the claimed infringing material (Please provide (i) the search query that you used to locate the allegedly infringing website; and (ii) the URL for each allegedly infringing website); Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the claimed infringing use is not authorized by the copyright or other intellectual property owner, its duly authorized agent, or the law; A statement by you that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on the copyright or other intellectual property owner's behalf; and Your signature.
We may terminate your use of the Price-Kicker.com Services without prior notice for any reason, in our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Price-Kicker.com Services at any time.
Price-Kicker.com may remove any link from the Search Results (a) in order to limit the liability of Price-Kicker.com or any user of the Price-Kicker.com Services; or (b) as required by law. Price-Kicker.com occasionally receives requests to remove links from its Search Results. Although Price-Kicker.com reserves the right to address such requests individually, Price-Kicker.com's general approach to such requests reflects the following principles:
Price-Kicker.com's Search Results consist primarily of information that has been identified, indexed, and compiled through an automated process with no advance review by human beings. Given the enormous volume of website information added, deleted, or changed on a frequent basis, Price-Kicker.com cannot screen everything made available through its Search Results. For each website reflected in Price-Kicker.com's Search Results, Price-Kicker.com would consider on a case-by-case basis requests to remove from the Search Results a link to a website if (a) a website owner restricts access to his or her website; or (b) a website is taken down from the Internet. If the operator of a website does not take steps to prevent Price-Kicker.com's automated tools from finding its website, it is likely that such website will Price-Kicker.com stores many webpages in its cache to retrieve for users as a back-up in case the server for such webpage temporarily fails. Website owners may block Price-Kicker.com from returning cached versions of their pages by using the NOARCHIVE meta-tag. Website owners may also request immediate removal of a cached page from the Price-Kicker.com Services Search Results. Price-Kicker.com evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted.
The Terms constitute the entire and exclusive and final statement of the agreement between you and Price-Kicker.com with respect to the subject matter hereof, and govern your use of the Price-Kicker.com Services, superseding any prior agreements or negotiations between you and Price-Kicker.com with respect to the subject matter hereof. The Terms and the relationship between you and Price-Kicker.com shall be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.
Price-Kicker.com's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and Price-Kicker.com nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and Price-Kicker.com's intentions as reflected in this provision, and that the other provisions of the Terms remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PRICE-KICKER.COM SERVICES OR THE TERMS MUST BE FILED WITHIN ONE ( 1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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