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1ST Pricing Terms of Service Agreement & Conditions of Sale

All sales are final. Your credit card will be processed at the time of the order.

ARBITRATION OF DISPUTES
"Any controversy or claim arising out of or relating to this contract or breach thereof shall be settled by arbitration in accordance with the Uniform Rules for Better Business Bureau Arbitration, and the judgment upon the award rendered by the arbitrator's may be entered in any court having Jurisdiction thereof."

Shipping: Rates vary by manufacturer and are based upon a total order, not per window. If your order consists of two or more manufacturer's products, each manufacturer's current shipping rate would be applied to the order. Click here to see current manufacturers shipping rates.

Tax: All purchases within California will be subject to a sales tax of 8%. For all purchases outside of California, the contractor is required to pay all local and state taxes.

Accurate Information: As further consideration for the 1ST Pricing membership, you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services.

This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before submitting a registration form or using the 1ST Pricing Web site.


ACCEPTANCE OF TERMS
1ST Pricing, Inc. ("1ST Pricing") makes available to you on this Web site (the "Site") information, documents, images, software and products (collectively, the "Materials") and various services operated by 1ST Pricing (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. 1ST Pricing reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, or entering sections of the Site for Members, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

This Agreement is void where prohibited by law, and the right to access the Site and Materials is revoked in such jurisdictions.


LIMITED COPYRIGHT LICENSE
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, 1ST Pricing and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services.

Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of 1ST Pricing.

Use of Software. The software and accompanying documentation that are made available to download from this Site are the copyrighted work of 1ST Pricing and/or its licensors or suppliers. The Terms of Use, any additional terms or end user license agreements that accompanies or is included with such software, or that are set out below govern use of the software. You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of such end-user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not alter, reverse engineer, translate, disassemble, decompile, or otherwise attempt to derive source code to the Materials in whole or in part or otherwise reduce the software portion of Materials to any human perceivable form or to alter any files included with copies of the Materials delivered hereunder or to create any derivative work. Nothing contained in this Terms of Use shall be interpreted so as to exclude or prejudice the rights (if any) of any end user expressly permitted to decompile under applicable law if it is essential to do so in order to achieve operability of the Materials with another software program, and you have first requested 1ST Pricing to provide the information necessary to achieve such operability and 1ST Pricing has not made such information available. 1ST Pricing has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by 1ST Pricing or obtained by you, as permitted hereunder, may not be disclosed to any third party or used to create any software or files that are substantially similar to the expression of the Materials. Requests for information should be directed to 1ST Pricing's Customer Care department.

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, download, and print the documents and information available on this Site subject to the following conditions:

  • The documents and information may be used solely for personal, informational, and internal purposes.
  • Except as expressly permitted, the documents and information may not be modified or altered in any way.
  • Except as expressly permitted, the documents and information on the Site may not be distributed.
  • You may not remove any copyright, trademark or other proprietary notices contained in the documents and information.
  • 1ST Pricing reserves the right to revoke the authorization to view, download, and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from 1ST Pricing.
  • The rights granted to you constitute a limited license and not a transfer of title.
  • The rights specified above to view, download, and print the documents and information available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections 1ST Pricing puts in place to restrict access to certain parts of the Site.


REGISTRATION AND MEMBER INFORMATION
Certain portions of the Site are only available to individuals and entities that have become registered members of 1ST Pricing as described in these Terms of Use ("Members"). The services or materials available to Members may include services provided by 1ST Pricing and by third parties ("Associates"). To become a Member of 1ST Pricing you must submit a complete 1ST Pricing registration form. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, and (b) you personally are signing up as a Member, or (iii) that you are signing up as a Member on behalf of an entity you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate. Member must update registration information to ensure that it continues to be current, complete, and accurate. 1ST Pricing reserves the right to accept or reject Member registrations for 1ST Pricing. 1ST Pricing may also display entity names as part of the registration process to facilitate an individual registrantís affiliation with the correct entity. You consent to such use.

Upon acceptance of Member's registration form, 1ST Pricing shall provide to Member a Username and password. Upon Member's receipt of that Username and password, 1ST Pricing authorizes Member to access and use 1ST Pricing subject to the Terms of Use.

All Member information is stored on servers located in the United States and is subject to the 1ST Pricing's Privacy Policy.


USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account Username and password. Strong passwords are encouraged. A strong password is one with upper and lower case letters and numbers. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password or Username assigned to Member, or any breach of security through Member's account, then Member shall notify 1ST Pricing immediately by contacting 1ST Pricing at support@1ST Pricing.


USE BY MEMBERS
Member may use the Site in accordance with this Terms of Use Agreement, including 1ST Pricing's "Acceptable Use Policy", which is available at the end of this Agreement. Member shall use 1ST Pricing only for the direct benefit of Member's internal business operations, and shall not resell project management, hosting or any other services on behalf of any third parties. With respect to information available on the Site, Member may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to Member's employees and so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, Member shall not (i) reproduce or distribute any information available through the Site, electronically or otherwise, or (ii) store or aggregate that information. Member shall not share, rent, or sublicense any of its rights under this Agreement to any other party.

Members use of the Site for the solicitation of quotes, placement of purchase orders or similar documentation, and purchase of goods or services (collectively "Supplies") provided by third parties are subject to this Terms of Use Agreement. Members understand and acknowledge that:

  • 1ST Pricing does not sell Supplies and is not an agent or representative of either buyers or sellers. Rather, 1ST Pricing provides a platform whereby the buyer and seller may communicate, display information about seller's products or services (i.e.: prices, quotes, availability of Supplies, delivery dates, and related information), and place orders for Supplies. 
  • To the maximum extent permitted by law, Member waives any and all rights it may have against 1ST Pricing arising out of any purchase, sale, or other transaction Member enters into with any third party through the Site. 
  • This Site can be accessed from other countries around the world and may contain references to 1ST Pricing products, services, and programs that have not been announced in your country. These references do not imply that 1ST Pricing intends to announce such products, services, or programs in your country.


CONSENT TO AGGREGATE USE OF MEMBER INFORMATION 
In order to make various features and functions of Services and Materials available to Members, 1ST Pricing may collect information about Member and Member's use of 1ST Pricing, including the information identified in 1ST Pricing's Privacy Policy ("Member Information"). Member acknowledges and agrees that 1ST Pricing's collection and use of Member Information as set forth in the Privacy Policy, and 1ST Pricing's operation and provision of 1ST Pricing, as contemplated under this Terms of Use Agreement, is not a breach of Member's right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. Member hereby waives any and all such claims or rights of action, whether foreseen or unforeseen, so long as the Member Information is collected, stored, and used in accordance with 1ST Pricing's Privacy Policy, or in the case of Members making use of Materials or Services provided by 1ST Pricing Associates, the privacy policy of such Associate.


RELIABILITY OF MATERIALS AND SERVICES
Materials and Services available on or through the Site are routinely updated, and 1ST Pricing uses commercially reasonable efforts to ensure that such information is reliable and that Services are available. However, Member understands and acknowledges that 1ST Pricing does not control the posting or content of all the Materials, nor will it verify the timeliness or content of Materials. 1ST Pricing expressly disclaims any responsibility or liability for any third-party Materials or Services on the Site, or any third-party information or services available through a link from 1ST Pricing.


LINKS TO OTHER INTERNET WEB SITES
This Site contains links to third-party Web sites that are not under the control of 1ST Pricing. 1ST Pricing makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of 1ST Pricing Associates. When you access a non-1ST Pricing Web site, you do so at your own risk and 1ST Pricing is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. 1ST Pricing provides these links merely as a convenience and the inclusion of such links does not imply that 1ST Pricing endorses or accepts any responsibility for the content or uses of such Web sites.


SUBMITTED INFORMATION
Responsibility for Submissions. You are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to 1ST Pricing through the Site. You may only submit to the Site, content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.

Unsolicited Information. 1ST Pricing does not want to receive unsolicited information from you through the Site for the purpose of communicating to 1ST Pricing (the corporation) any ideas or other information, including, but not limited to product or service suggestions or enhancements, product or service names, advertising campaigns or marketing plans, technology or material, business methods, or any similar information. 1ST Pricing maintains this policy to prevent misunderstandings or disputes in the event it develops products or services that may seem similar to an unsolicited proposal. Any non-personal unsolicited information or material sent to 1ST Pricing will be deemed NOT confidential, and by sending such unsolicited information you hereby grant 1ST Pricing an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that 1ST Pricing is free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. Personal information, such as names, address, telephone numbers, etc., will remain subject to 1ST Pricing's Privacy Policy.


TRYOUT PRODUCTS AND TRIAL AGREEMENTS
Some products or services available on or from the Site may be tryout versions of products or products or services subject to a limited trial period. To the extent that any provision of this paragraph conflicts with any other provision of the Terms of Use, this paragraph shall supercede such other terms with respect to the tryout or trial versions, but only to the extent necessary to resolve any conflict in terms. THE TRYOUT TRIAL VERSIONS OF PRODUCTS OR SERVICES MAY HAVE LIMITED FUNCTIONALITY AND/OR FUNCTION FOR A LIMITED PERIOD OF TIME AND SUCH VERSIONS ARE OFFERED ON AN "AS IS" BASIS AND SOLELY FOR DEMONSTRATION PURPOSES. If the product or service is offered for a limited time, then such product or service will terminate operation after a designated period of time (i.e. 10, 15, 30, or 60 days) following installation or commencement of service as specified in the appropriate license or service terms ("Time Out Date"). Upon the Time Out Date, the license or service agreement for such tryout or trial version will terminate and all rights to use the product or service will cease unless and until any fees or charges for the commercial version of such product or service is received by 1ST Pricing. After the Time Out Date any files, documents or other material created with such product or service, or stored on the Site and accessible as part of such tryout or trial version shall no longer be accessible and any risk of loss for all work created or material stored shall be borne solely by the Member or user.


NOTIFICATION OF COPYRIGHT INFRINGEMENT
1ST Pricing will, in appropriate circumstances, terminate the accounts of Members involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide 1ST Pricing's Copyright Agent a Notice containing the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
  • A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work (s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
  • A description of where the material that you claim is infringing is located on the 1ST Pricing site.
  • Information sufficient to permit 1ST Pricing to contact you, such as your physical address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • 1ST Pricing's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:
1ST Pricing, Inc.
1858 East 20th Street
Signal Hill, Ca 90755
By telephone: 1(562) 494 9069

By fax: 1(562) 494 2069

By email: info@1ST Pricing

THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO info@1ST Pricing


WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND 1ST Pricing ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 1ST Pricing MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. 1ST Pricing MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND 1ST Pricing MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

1ST Pricing ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF 1ST Pricing ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL 1ST Pricing OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT 1ST Pricing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF 1ST Pricing ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1ST Pricing OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL 1ST Pricing LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED TEN THOUSAND U.S. DOLLARS.

MEMBERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR 1ST Pricing ENTERING INTO THIS AGREEMENT.


TERM AND TERMINATION
This Agreement is effective as of the date you make use of the Site, or, in the case of Materials and Services accessible only to Members, the date a Member receives a Username or password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or, in the case of a user that has not become a Member, immediately upon such users breach of any of the Terms of Use. 1ST Pricing may terminate this Agreement effective upon written (or emailed) notice to Member if Member materially breaches any of the terms or conditions of the Terms or Use that is not cured within ten (10) days after notice from 1ST Pricing. 1ST Pricing reserves the right to suspend access to and use of the Site pending cure of a Member's breach. In addition, 1ST Pricing or a Member may terminate this Agreement, for any reason or for no reason, upon thirty (30) days notice to the other.

Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, Member shall cease to access or to use any information obtained through 1ST Pricing.

The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.


INDEMNITY
At 1ST Pricing's option and request, Member shall, at its own expense, indemnify, defend, and hold 1ST Pricing and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Member and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for 1ST Pricing to remove or disable access to any Member Content in or on the Site. Member shall not enter into a settlement of the foregoing without 1ST Pricing's prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from 1ST Pricing.


ENTIRE AGREEMENT
This Terms of Use Agreement constitutes the entire agreement between you and 1ST Pricing with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and 1ST Pricing. This Agreement may be modified only by a signed agreement, or as follows: 1ST Pricing may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If Member continues to use the Materials, Services, or Site, then Member will be considered to have accepted the modifications.


MISCELLANEOUS PROVISIONS
1ST Pricing's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

1ST Pricing will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of 1ST Pricing including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.


GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by 1ST Pricing from its offices within the state of California, United States of America. By accessing this Site, you and 1ST Pricing agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and 1ST Pricing also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Southern District of California with respect to such matters. 1ST Pricing makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.


ACCEPTABLE USE POLICY
You agree to not use 1ST Pricing to: impersonate any person or entity, including, but not limited to, a 1ST Pricing official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, interfere with or disrupt 1ST Pricing or servers or networks connected to 1ST Pricing, or disobey any requirements, procedures, policies or regulations of networks connected to 1ST Pricing. "stalk" or otherwise harass another collect or store personal data about other users.

You also agree to not use 1ST Pricing to engage in commercial activities without enrolling in 1ST Pricing-approved affiliate programs. This includes, but is not limited to, the following activities:

  • Offering for sale any products or services.
  • Soliciting for advertisers or sponsors.
  • Conducting raffles or contests that require any type of entry fee.
  • Displaying a sponsorship banner of any kind.
  • Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.


ASSOCIATE AND THIRD PARTY TERMS AND CONDITIONS
The terms and conditions of third parties may apply to certain Materials or Services that users may access on the Site. The links below lead to these terms and conditions.


Warranty Disclaimer
1ST Pricing DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ANY DEFECT IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. 1ST Pricing DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Limitation of Liability
1ST Pricing shall not be liable to Supplier or any third party should 1ST Pricing exercise its right to modify or discontinue the Service or any Supplier Account.

The limitations of liability and allocations of risk in this Agreement are a material consideration for 1ST Pricing's entry into this Agreement.


Miscellaneous
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

This Agreement is governed by the laws of the State of California without regard to the conflict of laws provisions thereof. 1ST Pricing and Supplier agree to submit to the exclusive jurisdiction of the courts of the State of California. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover all costs and attorneys' fees.

Both parties agree that this Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties or via a click-on agreement provided to Supplier by 1ST Pricing, except as otherwise provided herein.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect whatsoever. All notices under this Agreement will be in writing to the addresses set forth above (or such other address as designated by the parties from time to time, including in Supplier's registration information on Service) and will be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed if transmitted by facsimile or email; the day after it is sent if sent next day delivery by a recognized overnight delivery service; or upon receipt if sent by certified or registered mail, return receipt requested.

The section titles used in this Agreement are solely for convenience and have no legal or contractual significance.


Copyright © 2001-2006 1ST Pricing


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