Last Updated: May 1, 2016
Welcome to the priceBAM.com website located at http://pricebam.com (the "Site"). Use of our apps, the Site and the priceBAM service (collectively, the "Service") are subject to these Terms of Service. priceBAM is an independent service and is not affiliated with the grocery stores or retail establishments of which we compare prices.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING THE SERVICE. THESE TERMS OF SERVICE (THIS "AGREEMENT") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND FREEDOMSCAPE. BY COMPLETING THE PRICEBAM REGISTRATION PROCESS OR OTHERWISE USING OUR APPS, OR ACCESSING OR POSTING CONTENT ON THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE.
Freedomscape, LLC. (referred to herein as "Freedomscape," "us," or "we") provides our grocery price comparison service and other products and services through our mobile apps, and our website located on the World Wide Web at http://pricebam.com. Subject to this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal non-commercial use and not for resale or further distribution. Your right to use the Service is limited by the terms set forth in this Agreement. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service or the data contained therein; (b) rent, lease, or sublicense access to the Service or the data contained therein; (c) access the Service through any automated means; nor (d) circumvent or disable any security or technological features or measures of the Service.
Access to the Service; Modifications to Service
Freedomscape does not provide you with the equipment to access the Service. Freedomscape reserves the right to modify or discontinue, temporarily or permanently, all or part of the Service without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Freedomscape reserves the right, at is sole discretion, to change, modify, add or remove portions of this Agreement at any time. When this Agreement is modified, Freedomscape will revise the "Last Updated" date above. It is your responsibility to check the terms in this Agreement periodically for changes. Your continued use of the Service following the posting of changes to the Agreement will be subject to the then current Terms of Service, which shall supersede all earlier versions.
You are solely responsible for the pricing information, photos, messages, notes, text, information, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") in connection with the Service or the Site, or transmit to or share with other users (collectively your "Submissions"). You may not post, transmit, or share Submissions on the Site or Service that you did not create or that you do not have permission to post. When you post Submissions to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the publication and storage of the Submissions on the Site. By posting Submissions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Freedomscape a nonexclusive, irrevocable, perpetual, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submissions on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing. Freedomscape does not assert any ownership over your Submissions; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Submissions and any intellectual property rights or other proprietary rights associated with your Submissions.
You agree to indemnify and hold Freedomscape entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Freedomscape in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
Password Restricted Areas of the Site
Certain areas of the apps or the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Freedomscape if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account whether or not you are the individual who undertakes such activities. You agree to immediately notify Freedomscape of any unauthorized use of your account or any other breach of security in relation to your password, our apps or the Site that is known to you.
Service Use Policies
Freedomscape asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions or otherwise using the Service, you agree not to:
Use Freedomscape's facilities, services or resources (including the Site) in a manner with violates any applicable laws, regulations or third party rights;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) or others; use racially, ethnically, or otherwise offensive language; or use explicit or obscene language or solicit, transmit, or post sexually explicit images (actual or simulated) in connection with your use of the Site;
Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member's password or other account information; or harvest user names, email addresses or other personal information for any purpose;
Use the Service in connection with any content for which you do not have the right to copy, transmit, modify, and play back or display;
Post photographs of another person without such person's consent;
Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
Use Freedomscape's facilities, services or resources in a manner which interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission;
Use Freedomscape's facilities, services or resources for commercial purposes, or for the benefit of any third parties; or
Use the Service in a manner that Freedomscape reasonably deems to be inappropriate (e.g., unauthorized access, denial of service attacks, etc.)
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN. FREEDOMSCAPE PROVIDES THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE. FREEDOMSCAPE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. You acknowledge and agree that FREEDOMSCAPE does not warrant that access to the service, our apps and the Site or the Service will be uninterrupted, error-free or without compromise or infiltration of security systems. Use of any information obtained via our apps, the Site, or the Services is at your own risk. We specifically deny any responsibility for the accuracy or quality of information obtained through our apps, Site or Services.
Limitation of Liability
IN NO EVENT WILL FREEDOMSCAPE OR ITS THIRD PARTY PROVIDERS be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether FREEDOMSCAPE or its third party providers have been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of FREEDOMSCAPE or its third party providers for damages under this Agreement exceed TEN dollars ($10.00).
You shall, at your expense, indemnify, hold harmless, and at Freedomscape's option and request, defend Freedomscape, our third party providers, and our officers, employees, and agents from any cost, expenses (including attorneys' fees), losses, damages or liabilities incurred arising out of your actual or alleged failure to perform any obligation under this Agreement, or illegal, harmful or fraudulent conduct.
Notices of Copyright Infringement
Freedomscape respects the intellectual property rights of others, and asks you to do the same. Freedomscape may, in appropriate circumstances and at its discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site or within our apps where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Freedomscape's designated agent for notice of copyright infringement can be reached at:
Attention: Copyright Compliance Officer
Enforcement of this Agreement will be governed by the laws of the State of Washington, USA, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Service will lie in the State and Federal courts located in King County in the State of Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Freedomscape to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Freedomscape in writing. In the event that a court of competent jurisdiction finds any provision of this agreement to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by Freedomscape without restriction. This Agreement comprises the entire agreement between you and Freedomscape and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Freedomscape can be reached using the following contact information: