Terms of Service


(January 25, 2023)


PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

Introduction and Overview

Welcome! Thanks for using the PriceMatchIt refund and savings finder services and website (“Service”). The Service is provided by PriceMatchIt, LLC (“PriceMatchIt”), located at 2931 Ridge Rd, Suite 101-230, Rockwall, TX 75032, United States.

By using our Service, you agree to these terms and conditions (“Terms”). Please read them carefully.

At any time, PriceMatchIt may change these Terms by updating this posting, or emailing you at the email address you provided. You should visit this posting to review these Terms from time to time.

In these Terms, references to PriceMatchIt include its parents, affiliates, directors and employees.


Who Can Use The Service

The Service is available to U.S. residents or residents of Puerto Rico or residents of Canada who are eighteen (18) years of age and older, have a valid email address, and have enrolled in the Service at PriceMatchIt.com or via the PriceMatchIt App. We reserve the right to refuse access to the Service or cancel your account at any time.


How the Service Works

We provide our Service by trying to monitor your trip for updated prices at popular online merchants, which may be listed on our Site (“Merchants”). Where we see a potential savings or refund opportunity based on your purchase history, we will notify you.

By registering for the Service, you may be required to link your personal email account, such as Google, Yahoo! and Microsoft, and other merchant accounts, such as Amazon (“Linked Accounts”) to the Service.

In order to identify savings opportunities for you, we will review the contents of your Linked Accounts, including receipts, correspondence, and contacts information.

In order for us to search for trips, you may need to enter your trips.

From time to time, we may offer you additional Services. If we do, these Terms will apply.


Price Drop Refunds: Filing Claims, Fees and Payment

You are responsible for claiming any identifed price drops subject to the terms of your booking. PriceMatchIt may file claims for you in the future but is under no obligation to do so. Not all price drops may be detected, and PriceMatchIt is not responsible for any missed identification of price drop or refund opportunities.

Any wireless carrier charges related to your use of the Service are your responsibility.


Merchants

PriceMatchIt is not affiliated with the Merchants from which we seek refunds and other benefits. Merchants' policies vary widely, and some policies only provide refunds on certain items. PriceMatchIt does not own or control Merchants’ customer satisfaction policies, which may change at any time. For the most current version of a Merchant's policy, please refer to the Merchant's website. PriceMatchIt is not responsible for the Merchants’ actions, interpretation, and/or application of their policies, or their failure to issue a refund or other resolution that you believe is owed. PriceMatchIt may change its list of eligible Merchants at any time.


Your PriceMatchIt Account and Linked Account

When you create an account for the Service (“PriceMatchIt Account”), you agree that you will not use a username or email address for your PriceMatchIt Account or a Linked Account that belongs to someone else, impersonates someone else, violates another’s intellectual property rights, or is offensive in PriceMatchIt’ discretion. You agree to provide true, current and complete registration information about yourself, and to update this information promptly when it changes or upon our request.

You represent that your Linked Account belongs to you, and you are permitted to link to it.

You are responsible for maintaining the security of your PriceMatchIt Account and are responsible for all activities that occur under your PriceMatchIt Account and Linked Account, whether or not you authorized the activity. You will immediately notify us of any unauthorized use of your PriceMatchIt Account or other breach of security.

You cannot sell, transfer, or assign your PriceMatchIt Account to someone else.


Privacy

To request removal of your account, please contact support. We will remove all your trips and your user account upon request.

PriceMatchIt does not sell or share your data with any other parties.

Your information is only used as needed to provide our service to you (for example, using the dates of your travel). We do not link you to any use of that data when searching for a better price.


Termination of the Service

You may terminate your PriceMatchIt Account at any time. We may suspend your PriceMatchIt Account or terminate the Service if you violate any of these Terms.


Electronic Communications

When you communicate with us electronically (such as via email, text message or by creating a PriceMatchIt Account), you consent to receive communications from us electronically, including all statements, notices, and disclosures. You agree that communications we provide you electronically satisfy any legal requirement that such communications be in writing.


Customer Service

You may contact Customer Service using the contact information on our Site. The provision of customer support is not required or guaranteed, and is provided at PriceMatchIt’ sole discretion.


Laws and Regulations

Your use of the Service is subject to all applicable federal, state and local laws and regulations.  Unauthorized use of the Service is prohibited, and violators can be prosecuted under federal and state laws. Virginia law and Federal law will govern the interpretation and enforcement of these Terms.


Copyright and Trademark Information

The information contained at the Site and provided as part of the Service, including all text and images (other than certain images of third parties) and their arrangement, are copyright PriceMatchIt, LLC. PriceMatchIt and its logo are trademarks of PriceMatchIt. All other trademarks are property of PriceMatchIt unless otherwise designated or clearly implied herein as belonging to third parties. Except as stated in the next paragraph, nothing at the Site or in the Service shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or proprietary rights of PriceMatchIt or of any third party.

You are authorized by PriceMatchIt to use the Service as described in these Terms solely for your personal, non-commercial use. The information and materials provided through the Service may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without PriceMatchIt’ prior written consent.

The Service materials may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.


Digital Millennium Copyright Act

PriceMatchIt respects the rights of copyright owners. We respond to notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us through our contact form with subject Copyright Act, and provide the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on his/her behalf
  2. Identification of the copyright work(s) you believe have been infringed
  3. Identification of the allegedly infringing material that you would like us to remove
  4. Information reasonably sufficient to permit us to contact you (such as your email address)
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Limitation of Liabilities and Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Service may include technical or typographical inaccuracies and errors. PriceMatchIt assumes no liability for any errors or omissions in the information contained in the Service and expressly disclaims any responsibility to update this information.

IN NO EVENT SHALL PriceMatchIt BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SERVICE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).


Indemnification

You agree to indemnify, defend, and hold harmless PriceMatchIt from and against any and all losses and threatened losses arising from, in connection with, or based on allegations whenever made of, any of the following: your breach of these Terms, your use of the Service, any claim that your use of the Service violates any applicable law, or any claim arising out of your negligent acts or omissions. This obligation will survive any termination of these terms or your PriceMatchIt Account. You will cooperate fully as reasonably required in defense of any claim identified under this section. You acknowledge that damages from improper use of the Service may be irreparable; therefore, PriceMatchIt is entitled to seek equitable relief in addition to all other remedies. PriceMatchIt reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.


Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from PriceMatchIt, by using the Service you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links," and other similar marketing devices. Products offered will be at the sole discretion of PriceMatchIt, and may be provided by companies not affiliated with PriceMatchIt. We reserve the right to notify you at any point related to providing the service. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products, and PriceMatchIt does not legally endorse or guarantee them.


Links to Other Internet Web Sites

Some of the Web sites listed as links herein are not under the control of PriceMatchIt, but rather are exclusively controlled by third parties. Accordingly, PriceMatchIt makes no representations whatsoever concerning such Web sites. Although PriceMatchIt may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by PriceMatchIt with respect to such Web site, its owners or its providers. PriceMatchIt is providing these links only as a convenience to you. PriceMatchIt has not tested any information, products or software found on such Web sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL PriceMatchIt BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Feedback

Any comments or materials sent to PriceMatchIt or posted on the Site, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be the property of PriceMatchIt. PriceMatchIt’ use of the Feedback will be in compliance with our Privacy Policy, which is set forth on the Site, and applicable laws. PriceMatchIt shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, PriceMatchIt shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.


Violations of Terms

PriceMatchIt reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PriceMatchIt FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SERVICE AND INFORMATION PROVIDED AT THE SITE.


Governing Law, Venue, and Jurisdiction

You and PriceMatchIt agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You hereby consent to binding arbitration in the State of Texas (specifically in Rockwall, Texas or Dallas, Texas) to resolve any disputes arising under this Agreement. You hereby waive any rights to file suit on PriceMatchIt in any court, jurisdiction, or venue. You and PriceMatchIt each agree to personal jurisdiction in those courts.


PriceMatchIt Liability

You agree that the extent of PriceMatchIt liability and payout to you may never exceed the dollars paid to PriceMatchIt in the twelve months prior to suit. Should PriceMatchIt refund all payment from the prior twelve months, you agree to execute a full release of any and all claims against PriceMatchIt and to no longer use the service.


Arbitration of Disputes

(a) The parties agree that any dispute or claim in law or equity arising between them regarding this Agreement, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Rockwall, Texas or Dallas, Texas. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Texas. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THE SOFTWARE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS SOFTWARE.


About These Terms

If there is any inconsistency between these Terms and any additional terms we may add, the additional terms will prevail.

These terms govern the relationship between PriceMatchIt and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms and we do not take action immediately, this does not mean we are forfeiting any rights that we may have. We may still take action in the future.

If any particular term is not enforceable, this will not affect any other Terms.

Updates to These Terms


Initial Terms - July 24, 2018

Updated - January 25, 2023 to clarify Privacy Policy for account removal and how we use your data.

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