Terms of service
Updated on June 18, 2026
The following Terms of Service (“Terms”) govern the use of the PriceLabs tool
and software platform that provides revenue optimization, data analytics and
other services for the accommodations industry (collectively the “Services”),
and the website at pricelabs.co (the “Site”). The Site is owned and operated by
PriceLabs Revenue Inc. (“PriceLabs,” “we,” “us” or “our”), a Delaware
corporation.
By registering for, accessing or using the Site and/or Services, you agree to be
bound by these Terms, which form a binding legal agreement between you
and PriceLabs. You also agree to be bound by the terms of our Privacy Policy,
available on our website, which explains the use we are authorized to make of
your personal information. For the avoidance of doubt, PriceLabs does not
share confidential user information with any other user. By agreeing to these
Terms, you consent to our collection, use, storage, and disclosure of
information associated with your use of the Site and Services in accordance
with the Privacy Policy.
If the individual accepting these Terms is accepting on behalf of a company or
other legal entity, such individual represents that they have the authority to
bind such entity to these Terms and the Privacy Policy, in which case the terms
“you” and “your” shall refer to such entity. If the individual accepting this
agreement does not have such authority, or does not agree with these Terms or
the Privacy Policy, such individual must not accept these Terms and may not
use the Site or Services.
NOTE: THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION
PROVISION AND CLASS ACTION/JURY TRIAL WAIVER, THAT REQUIRE THE USE
OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER
THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THOSE PROVISIONS
CAREFULLY BEFORE ACCEPTING THESE TERMS.
A. Eligibility
You must be at least 18 years of age to use the Services. You further affirm that
(a) you are not a resident of (and will not use the Services in) a country that
the U.S. government has embargoed for use of the Services, nor are you named
on the U.S. Treasury Department’s list of Specially Designated Nationals or any
other applicable trade sanctioning regulations, and (b) you are fully able and
competent to enter into the Terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms, and to abide by and
comply with these Terms.
B. Registration
You will be required to create an account to use the Services. You agree to
provide complete and accurate information when registering to use our
Services and to keep that information updated. You are responsible for
maintaining the confidentiality of your user name and password (“User
Credentials”) and for notifying us immediately of any loss or suspected
unauthorized use of or access to your account or User Credentials. You are
responsible for all activities on your account whether authorized or not.
C. Subscription and Fees
You may subscribe to the Services by registering and paying the applicable
subscription fee as per our billing terms described here. Each subscription
will specify the specific Services ordered and will continue month-to-month,
unless we both agree to a longer term (“Subscription Term”). Each
Subscription Term shall automatically renew for a Subscription Term of equal
length until you cancel the subscription on or before the end of the then
current Subscription Term, unless otherwise terminated in accordance with
these Terms.
You agree to provide a valid credit card or other approved payment
mechanism for paying subscription fees and other charges. You authorize us
to charge your credit card or other payment mechanism for any subscription
fees and charges that you may incur in connection with your account or use of
the Services.
We reserve the right to change the fee structure and fees charged for the
Services at any time. We will provide you with thirty (30) days advance notice
of changes to the fee structure and fees. By continuing to use the Services
following that 30-day notice period, you agree to the updated fee structure and
fees. You acknowledge that if you object to the proposed change(s), your sole
remedy is to cancel your subscription.
D. Access Rights
Subject to your compliance with these Terms and terms and conditions hereof,
PriceLabs hereby grants you a limited, non-exclusive, non-transferable, non-
sublicensable, revocable right to access and use the Site, Services and any
Services Content solely for your own internal business purposes and solely
during the applicable Subscription Term. “Services Content” means any
pricing analytics, information or other content that is generated by the
Services or your use thereof. Except for the rights expressly granted to you in
these Terms, all other rights in the Site and Services are reserved by
PriceLabs.
E. Restrictions
The Services, Services Content, and Site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without our express written consent. You may not systematically
extract and/or re-utilize parts of the Services, Services Content or Site without
our express written consent or disclose, sell or distribute the Services Content
to any third party. In addition, you may not utilize any data mining, robots, or
similar data gathering and extraction tools to extract (whether once or many
times) for re-utilization any substantial parts of the Services, Services Content
or the Site without our express written consent.
You agree to use the Site, Services, or Services Content in compliance with all
applicable laws, rules, regulations and orders (“Laws”). You further agree not
to (i) modify, adapt or translate the Site or Services or attempt to reverse
engineer, decompile, disassemble or otherwise attempt to discover the source
code of the Site or Services; (ii) remove any copyright notice, trademark,
legend, logo or product identification from the Site, Services, or Services
Content; (iii) modify, translate or prepare derivative works of the Site, Services,
or Services Content, or any portion thereof; or (iv) use the Site, Services, or
Services Content on a third-party site, for benchmarking purposes, or to create
or offer a competing product or service to the Services.
F. Prohibited Conduct and Acceptable Use
You agree not to:
- Publish and/or make any use of the Site, Services Content or Services on
any website, media, network or system other than those provided by us,
and/or frame, “deep link,” “page scrape,” mirror and/or create a browser
or border environment around any of the Site, Services Content or
Services (or any part thereof) - Use any “robot,” “spider” or other automated device, program, script,
algorithm, or methodology, or any similar or equivalent manual process,
to access, acquire, copy, or monitor any portion of the Site, Services
Content or Services (or any of its data), or in any way reproduce or
circumvent the navigational structure or presentation of the Site or
Services to obtain or attempt to obtain any materials, documents,
services or information through any means not purposely made
available through the Site or Services - Purchase search engine or other pay-per-click keywords (such as Google
AdWords), or domain names that use our name or the PriceLabs
trademark and/or variations and misspellings thereof - Impersonate any person or entity or provide false information on the
Site or Services, whether directly or indirectly, or otherwise disguise
your identity or the origin of any message or transmittal you send to us
and/or any of our other visitors or users - Falsely state or otherwise misrepresent your affiliation with any person
or entity, or falsely express or imply that we or any third party endorses
you, or any statement you make - Reverse look-up, trace, or seek to trace another user of the Site or
Services, or otherwise interfere with or violate any other user’s right to
privacy or other rights, or harvest or collect personally identifiable
information about visitors or users of the Site or Services without their
express and informed consent - Disable, circumvent, bypass or otherwise avoid any security features or
measures used to prevent or restrict access to the Site or Services or the
account of another user or any other systems or networks connected to
the Site or Services, by hacking, password mining, or other illegitimate
or prohibited means - Probe, scan, or test the vulnerability of the Site or Services or any
network connected to the Site or Services - Upload to the Site or Services or otherwise use the Site or Services to
design, develop, distribute and/or otherwise transmit or execute, any
virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or
any other computer code, file, or program that may or is intended to
damage or hijack the operation of any hardware, software, or
telecommunications equipment, or any other actually or potentially
harmful, disruptive, or invasive code or component - Take any action that may impose an unreasonable or disproportionately
large load on the infrastructure of the Site or Services or our systems or
networks connected to the Site or Services, or otherwise interfere with
or disrupt the operation of the Site or Services, or the servers or
networks that host them or make them available, or disobey any
requirements, procedures, policies, or regulations of such servers or
networks - Use the Site or Services in connection with any form of spam,
unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid
schemes” or similar conduct, or otherwise engage in unethical
marketing or advertising - Use the Site or Services in a way that violates any third party’s rights,
including copyrights, trade secrets, privacy or publicity rights, or that
discriminates against any person on any protectable basis, including but
not limited to race, gender, ethnicity, national origin, gender identity,
sexual orientation, religion, or age - Use the Site or Services to harass, stalk or intimidate any user of the Site
or Services, to express statements of bigotry, racism, racially or
ethnically offensive content, abusiveness, vulgarity or profanity, or use
the communication systems provided by the Services for any reason not
explicitly authorized by these Terms - Use the Site or Services to take any inappropriate or unlawful actions,
including the submission of inappropriate or unlawful content to or
through the Site or Services.
G. Link or Access to Your Property Listings
The Services are designed to provide dynamic pricing analytics for properties
that you offer for lease or rent (“Properties”). You agree to provide us accurate
and complete information regarding the location, condition and features of
the Properties and access to any property management system or other
systems necessary for us to provide the Services and Services Content
applicable to the Properties. Using the features of the Services, you may choose
to set pricing for your Properties manually, or to automate pricing based on
your inputs and customizations on the Site. If you choose to automate the
pricing for your Properties, you give us permission to incorporate your pricing
inputs and customizations to generate dynamic pricing information for your
Properties only, and hereby appoint PriceLabs as your agent with authority to
access any third party property listing services you connect to your Services
account for purposes of automatically updating Property pricing as
contemplated herein. PriceLabs uses only publicly available information and
the information you provide to PriceLabs to provide dynamic pricing analytics
for your Properties. Your confidential information is not incorporated into
dynamic pricing analytics for any other user.
Although such pricing may be updated automatically for your Properties
based on your inputs and customizations, such automated pricing constitutes
recommendations only, that you may adjust or change at any time via your
settings on the Site. PriceLabs makes no representations of accuracy for any
pricing analytics on the Site. Unless we otherwise agree in writing, we will not
change any other information on your account.
H. Responsibility for Property Listings and Rentals
We are not responsible for the success of your listings of Properties, and do not
guarantee any revenue or profits from the Properties as a result of the use of
our Services. The prices we recommend or post to your listing reflect our best
assessment of current market conditions based on publicly available
information and your listings performance. While we aim to maximize
revenue for each listing that uses our dynamic pricing, it is solely up to you to
review and determine whether the prices we suggest or post are acceptable to
you. You will continue to have control over your pricing information and can
update it as you deem appropriate within the Services, including choosing to
reject any recommendation we suggest.
You are also solely responsible for the Properties themselves and any rental or
leasing of the Properties. You are solely responsible for maintaining records
required for your business. You will not make any representation or warranty
regarding the Services Content or indicate in any way that PriceLabs or any of
its affiliates endorses or is affiliated with your Properties or listings.
You represent and warrant that you own all Properties in connection with
which you utilize the Services or otherwise have all rights necessary with
respect to all such Properties with respect to such utilization.
I. Third Party Services
The Services may include features or functionality (including without
limitation automated pricing adjustments) that interoperate with property
listing services and other online services operated by third parties (such
services, “Third Party Services”), pursuant to agreements between PriceLabs
and the operators of such Third Party Services (such agreements, “Third Party
Agreements”) or through application programming interfaces or other means
of interoperability made generally available by such operators (“Third Party
APIs”) which PriceLabs does not control. Third Party Agreements and Third
Party APIs (and the policies, terms and rules applicable to Third Party APIs)
may be modified, suspended or terminated at any time, with or without cause
or notice, which may result in a reduction or features or functionality of the
Services. Any of the foregoing shall not affect any of your payment obligations
hereunder nor constitute a breach hereof by PriceLabs, and PriceLabs shall
have no liability with respect thereto.
J. Services Content
All Services Content, including without limitation any recommended pricing,
predictions of potential future rental income or profit, analysis of a particular
rental market, or analysis based on past rental history of a Property, is
provided for information purposes only. You hereby assume all risk associated
with your reliance on any Services Content. The Site, Services and Services
Content are not intended to provide you with any financial, real estate or
related advice of any kind, and you should consult with an appropriately
licensed professional if you desire any such advice.
K. Privacy
We may collect certain personal information from you when you register an
account or use our Site or Services. Our use of such personal information is to
provide the Site and Services and for other purposes as set forth in our Privacy
Policy. You consent to use of your personal information as set forth in that
Privacy Policy. We also track usage of our Site and Services, and the
performance of listings using our Services (“Usage Data”). You agree that we
own all such Usage Data and may use it for any business purpose.
L. Indemnification
You (the “Indemnitor”) agree to defend, indemnify, and hold harmless
PriceLabs, and any of PriceLabs’ affiliates, officers, directors, employees, and
agents (collectively, “Indemnitees”) against any all losses, damages, injuries,
claims, liabilities, deficiencies, actions, judgments, interest, awards,
settlements, penalties, fines, costs, or expenses of whatever kind, including
expert fees and reasonable attorneys’ fees arising from, in whole or in part: (i)
any breach or non-fulfillment of any representation, warranty, or covenant
under these Terms by the Indemnitor; (ii) any negligent or more culpable act
or omission of Indemnitor or its personnel or agents (including any reckless or
willful misconduct) in connection with the performance of its obligations
under these Terms; or (iii) any failure by Indemnitor to comply with any
applicable federal, state, or local laws, regulations, or codes in the
performance of its obligations under these Terms. The Indemnitees reserve the
right to control the defense and settlement of any third-party claim for which
you indemnify Indemnitees under these Terms and you will assist us in
exercising such rights.
M. Disclaimer of Warranties
WE PROVIDE THE SITE, SERVICES, AND SERVICES CONTENT ON AN ‘AS-IS’
AND ‘AS-AVAILABLE’ BASIS WITHOUT ANY PROMISES OR REPRESENTATIONS,
EXPRESS OR IMPLIED. IN PARTICULAR, PRICELABS DOES NOT WARRANT OR
MAKE ANY REPRESENTATION REGARDING THE VALIDITY, ACCURACY,
RELIABILITY OR AVAILABILITY OF THE SITE, SERVICES OR SERVICES
CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
PRICELABS HEREBY EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SITE, SERVICES OR
SERVICES CONTENT IS OF SATISFACTORY QUALITY, NON-INFRINGING, FREE
OF DEFECTS, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT
THE USE OF THE SITE, SERVICES, OR SERVICES CONTENT BY YOU IS IN
COMPLIANCE WITH LAWS OR THAT ANY INFORMATION THAT YOU
TRANSMIT IN CONNECTION WITH THE SITE OR SERVICES WILL BE
SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. YOU
ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE
OR DIRECTION OF PRICELABS, AND NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE,
SERVICES, OR SERVICES CONTENT SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
N. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
NEITHER PRICELABS NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, LOST
SAVINGS, OR LOSS OF DATA, REGARDLESS OF THE NATURE OF THE CAUSE OF
ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY, WHETHER
UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE
ARISING OUT OF OR RELATING IN ANY MANNER TO THESE TERMS, THE SITE,
SERVICES OR SERVICES CONTENT, WHETHER OR NOT WE HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF
PRICELABS AND THE INDEMNITEES FOR CLAIMS ARISING OUT OF OR
RELATING TO THESE TERMS, THE SITE, SERVICES OR SERVICES CONTENT, IS
LIMITED TO THE AMOUNT YOU PAID US FOR ACCESS TO OR USE OF THE
SERVICES IN THE SIX MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR
CLAIM OR IF NO AMOUNT WAS PAID, THEN THE SUM OF FIFTY DOLLARS
($50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
O. Modifications
We reserve the right at our sole discretion to modify the Site and Services at
any time, including to add or remove features or functionalities.
We reserve the right to revise these Terms from time to time. The most
current version will always be posted on our Site. We will either notify you
via email to the email address associated with your account or by posting the
modified Terms on the Site at least thirty (30) days before the date the revised
Terms become effective. By continuing to access or use the Site, Services or
Services Content after the revisions become effective, you agree to be bound
by the revised Terms.
P. Cancellation and Termination
We reserve the right to suspend or cancel the Services or cancel any account
or subscription, with or without cause, in our sole discretion, provided that if
we terminate a subscription before the end of the Subscription Term without
cause, then we will refund any unapplied subscription fees. We further
reserve the right to suspend or terminate your registration immediately
without notice if you have breached these Terms; in such a case, your
subscription fees will not be refunded. You can cancel your PriceLabs
subscription by turning off the use of PriceLabs Services from the product.
Upon receipt of your request and confirmation to delete your account, we will
delete your PriceLabs account within 7 business days. Post deletion, we retain
some information about your account (namely property identification
numbers) and add these to a blacklist bucket so that we don’t inadvertently
update these properties. Sections C (with respect to any accrued but unpaid
amounts), E, F, and I through W will survive any termination of your Services
account.
Q. Intellectual Property
The Site, Services, and Services Content, and all intellectual property rights
therein, are owned or licensed by us and protected by United States and
international copyright, trademark and other intellectual property laws. To the
extent you provide us with any feedback, feature requests, comments, ideas,
or other materials concerning the Site, Service or Services Content
(“Feedback”), you agree that we will be free to use in any manner all or part of
the Feedback on an unrestricted basis, and in compliance with our Privacy
Policy, without the obligation to notify, identify, or compensate you or any
third party.
R. Export Compliance
The Services and Services Content may be subject to export and import laws
and regulations of the United States and other jurisdictions. You will not
permit any access or use the Services or Services Content in or from a U.S.
embargoed country (currently Cuba, Iran, North Korea, Russia, Sudan, and
Syria) or in violation of any export or import law or regulation of any
jurisdiction.
S. Governing Law and Forum
These Terms of Service and any dispute that might arise between you and
PriceLabs will be governed by and construed in accordance with the internal
laws of the State of Illinois without giving effect to any choice or conflict of law
provision or rule that would cause the application of the laws of any
jurisdiction other than the State of Illinois.
T. Arbitration
Any dispute, claim or controversy arising out of or relating to the Site, Services
or Services Content, these Terms or the breach, termination, enforcement,
interpretation or validity thereof (including as to the determination of the
scope or applicability of this agreement to arbitrate) (“Dispute”) will be
determined by arbitration in accordance with the procedures detailed and
incorporated in this section, which will be the sole procedures for the
resolution of any Dispute. This arbitration agreement is governed by the
Federal Arbitration Act.
Any Dispute will be submitted to final and binding arbitration with the Judicial
Arbitration and Mediation Service (“JAMS”). The arbitration will be conducted
pursuant to the JAMS Streamlined Arbitration Rules and Procedures then in
effect (the “Rules”), except as may be otherwise stated herein, before a single
neutral arbitrator appointed according to the Rules. The arbitrator will
provide a detailed written statement of decision, which will be part of the
arbitration award and admissible in any judicial proceeding to confirm,
modify or vacate the award. The parties to the Dispute shall bear all
arbitration costs equally to the extent permitted by applicable law. Except as
may be necessary to enter judgment upon the award or to the extent required
by applicable law, all claims, defenses and proceedings (including the
existence of a Dispute and the fact that there is an arbitration proceeding as
well as the hearing itself) will be treated in a confidential manner by the
arbitrator and all those involved in the proceeding.
Any Dispute where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-
appearance-based arbitration, at the option of the party seeking relief. For
claims or disputes where the total amount of the award sought is Ten
Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be
determined by the Rules. Any hearing will be held in a location within 100
miles of your residence, unless you reside outside of the United States, and
unless the parties agree otherwise. If you reside outside of the U.S., the
arbitrator shall give the parties reasonable notice of the date, time and place of
any oral hearings.
Any Dispute relating to the arbitration presented to a court will be filed under
seal to the extent permitted by law. An arbitration award rendered pursuant
to this section will be final and binding on the parties and may be submitted to
a court of competent jurisdiction for entry of a judgment thereon, though the
parties must maintain the confidentiality of the arbitration and/or award in
connection therewith, including by filing the arbitration award under seal, to
the extent permitted by law. Regardless of the foregoing, PriceLabs shall
always retain the right to seek and obtain temporary or preliminary injunctive
relief or specific performance in any court of competent jurisdiction.
This Arbitration provision shall survive any expiration or termination of your
relationship with PriceLabs.
You and PriceLabs waive all rights to a trial by jury in any action or
proceeding involving any Dispute in any forum.
All Disputes shall be arbitrated on an individual, non-class, and non-
representative basis only, and shall not be consolidated or joined with or in
any arbitration or other proceeding involving a Dispute of any other party. You
and PriceLabs waive any right to have any Dispute arbitrated or adjudicated
as a class or representative action or in any other form other than on an
individual basis. You and PriceLabs further agree that the arbitrator shall
have no authority to arbitrate any Dispute as a class or representative action
or in any other form other than on an individual basis. All remedies available
under applicable federal, state or local laws are available in arbitration, except
that the arbitrator shall have power and authority to award only individual,
non-class, and non-representative legal and equitable relief, and such relief
may only be awarded in favor of the individual party seeking such relief and
only to the extent necessary to provide relief warranted by that individual
party’s claim. If any of these prohibitions is found unenforceable as to a
particular claim or request for relief, then that claim or request for relief may
be decided by a court, but only after all other claims are arbitrated.
Notwithstanding any provision of the JAMS’ rules and procedures, only the
federal and state courts, and not the arbitrator, shall have the power to
determine compliance with this section, including the interpretation, validity,
and enforceability of each of the foregoing sentences.
If any Dispute is determined not to be subject to arbitration, the exclusive
jurisdiction and venue for proceedings concerning such Claim shall be the
federal or state courts of competent jurisdiction sitting within Delaware (the
“Forum”) and the parties hereby waive (i) any right to a trial by jury with
respect to any Dispute in such proceeding, (ii) any argument that the Forum or
any court within it does not have personal jurisdiction, and (iii) any argument
that the Forum is not appropriate or convenient.
Notwithstanding the foregoing, either party can choose to have a claim heard
in small claims court instead of in arbitration.
If either party initiates a proceeding involving any Dispute other than (i) an
arbitration in accordance with this Section or (ii) a proceeding in small claims
court permitted by this Section, other than in the Forum, the other party shall
recover all attorneys’ fees, costs, and expenses reasonably incurred in
enforcing this agreement.
To the maximum extent permitted by law, you agree that regardless of any
statute or law to the contrary, any claim arising out of or related to these
Terms or your access to and use of the Site, Services or Services Content must
be brought as a Dispute within one (1) year after such claim or cause of action
arose or be forever barred.
You and PriceLabs agree that this Section T shall apply to the maximum extent
permitted by applicable law and shall survive termination of the Terms.
U. Assignment
You may not assign or transfer these Terms or your account, by operation of
law or otherwise, without our prior written consent. Any attempt by you to
assign or transfer these Terms, without such consent, will be void and of no
effect. We may assign or transfer these Terms, at our sole discretion, without
notice and without restriction. Subject to the foregoing, these Terms will bind
and inure to the benefit of the parties, their successors and permitted assigns.
V. Electronic Communications
The communications between you and PriceLabs use electronic means,
whether you use the Site or send us emails, or we post notices on the Site or
communicates with you via email. For contractual purposes, you (a) consent to
receive communications from PriceLabs in an electronic form; and (b) agree
that all terms and conditions, agreements, notices, disclosures, and other
communications that PriceLabs provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were be in a
hardcopy writing. The foregoing does not affect your non-waivable rights.
W. Miscellaneous
These Terms (together with the Privacy Policy any other applicable policies
posted on the Site or made available in connection with the use of the
Services) constitute the entire agreement between you and PriceLabs, and
supersede all prior and contemporaneous written or oral agreements,
proposals or communications with respect to the subject matter hereof
between you and us, including any prior version of these Terms. The section
headings in these Terms are for convenience only and must not be given any
legal import. If any term or provision of these Terms shall be held to be
invalid by any court or arbitrator of competent jurisdiction, that term or
provision shall be deemed modified so as to be valid and enforceable to the
full extent permitted. The invalidity of any such term or provision shall not
otherwise affect the validity or enforceability of the remaining terms and
provisions. Additionally, our failure to enforce any provisions of these Terms
or respond to a breach by you or another user shall not serve to waive our
right to enforce subsequently any terms or conditions of these Terms or to act
with respect to similar breaches.