THE TERMS AND CONDITIONS SET FORTH BELOW (THE
"TERMS") GOVERN YOUR USE OF THIS WEB SITE AND ARE LEGALLY BINDING ON
YOU. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE
TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE OR ANY INFORMATION
CONTAINED ON THE WEB SITE. YOUR USE OF THE WEB SITE SHALL BE DEEMED TO BE YOUR
AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
General Use Restrictions
MyRatePlan.com, LLC ("MyRatePlan.com")
manages and maintains a world wide web site (the "Web Site") that
assists its users (the "Users") in comparing features and service
offerings of certain types of consumer products and services, including without
limitation, mobile telephone services, home telephone services, credit cards,
bundled communication packages, television services, insurance, travel and
Internet services (the "Consumer Products and Services") offered by
vendors and providers of such Consumer Products and Services (the
"Vendors").The comparisons
offered may be or may not include the estimated costs and service charges (the
"Estimates"") of such Consumer Products and Services.
Grant of License
MyRatePlan.com grants you a limited, personal,
non-exclusive and non-transferable license to display the Content (as defined
below) of the Web Site and Estimates only on your personal web browser and to
print in hard copy portions of this Web Site and Estimates generated therefrom
for the sole purpose of evaluating for your personal use the Consumer Products
and Services offered by the Vendors contrasted in the Estimates. Any other use
of Content on this Web Site-including reproduction for purposes other than
those noted above, modification, distribution, or republication-without the
prior written permission of MyRatePlan.com is strictly prohibited. This limited
license terminates automatically, without notice to you, if you breach any of
these Terms. Upon termination of this limited license, you agree to immediately
destroy any downloaded and printed Content. Except as stated herein, you
acknowledge that you have no right, title to, or interest in the Content on any
legal basis, without the advance written authorization of MyRatePlan.com.
Software
All software used on this Web Site is the
property of MyRatePlan.com or its licensors, and such software is protected by
US copyright laws and international treaties. Any use of the software other
than as required to navigate the Web Site and utilize the functionality offered
through the Web Site is expressly prohibited. No right to copy, distribute (in
any manner through any means including without limitation license, sublicense, rent,
sale, lease, loan, or transfer), publicly display, publicly perform or modify
the software accessible on the Web Site is granted, nor may be implied by these
Terms. You may not decompile, disassemble, reverse engineer, or otherwise
attempt to discover the source code to the software without the express written
permission of MyRatePlan.com and/or its licensors, as applicable.
Third Party Content
Certain information and content available on the
Web Site may be provided by third parties under license to MyRatePlan.com
("Third Party Content"). The Third Party Content is, in each case,
the copyrighted work of the creator/licensor. Without the consent of the applicable
third party licensor, you shall only have the right to display the Third Party
Content on your personal web browser and to view such content for your personal
use.
Copyright Notice
The Web Site design, graphics, images, text,
information, documents, services and products provided or offered on the Web
Site, including the selection and arrangement of such items (the
"Content"), are the copyrighted work(s) of MyRatePlan.com.
Trademarks
MyRatePlan.com, the MyRatePlan.com logo, all
page headers, custom graphics, and button icons are service marks, trademarks,
and/or trade dress of MyRatePlan.com. All other trademarks, product names, and
company names or logos cited herein are the property of their respective
owners.
ALL OTHER RIGHTS IN THE CONTENT, THIRD PARTY
CONTENT, SOFTWARE AND TRADEMARKS THAT ARE NOT EXPRESSLY GRANTED TO YOU ARE
RESERVED TO MYRATEPLAN.COM AND/OR ITS LICENSORS.
No Framing
You agree not to "frame" or
"mirror" any Content or Third Party Content contained on or
accessible from this Web Site on any other server or Internet-based device
without the advance written consent of MyRatePlan.com or its licensors, as
applicable.
Links to Third Party Web Sites
This Web Site may be linked to other Web Sites
that are not under the control of or maintained by MyRatePlan.com. You
acknowledge that MyRatePlan.com is providing these links to you only as a
convenience, and further agree that MyRatePlan.com is not responsible for the
content or links displayed on such Web Sites.
Third Party Interaction
In your use of the Web Site, you may enter into
correspondence with Vendors. Unless otherwise stated in the MyRatePlan.com
terms of sale, any such correspondence, purchase, or promotion, including the
delivery of and the payment for Consumer Products and Services, and any other
term, condition, warranty, or representation associated with such
correspondence, purchase or promotion, is solely between you and the applicable
third party. Unless otherwise stated, you agree that MyRatePlan.com has no
liability, obligation, or responsibility for any such correspondence, purchase,
or promotion between you and any such third party.
Password Restricted Areas of the Web Site Certain areas of the Web Site may be password
restricted to authorized users ("Restricted Areas"). If you are an
authorized user of the Restricted Areas, you agree that you are entirely
responsible for maintaining the confidentiality of your password and account,
and agree to notify MyRatePlan.com 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. You agree to immediately notify MyRatePlan.com of any
unauthorized use of your account or any other breach of security in relation to
the Web Site known to you.
Unauthorized Activities You represent and warrant that you are of sufficient
legal age to use the Web Site and to enter into the binding legal obligations
you may incur as a result of use of the Web Site. You agree to be financially
responsible for any liability you may incur as a result of using the Web Site,
and agree to supervise minors in the use of the Web Site. You acknowledge that
your unauthorized use of any Content or Third Party Content contained on this
Web Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, certain communications statutes and regulations, and other
applicable laws and regulations. You agree that you are wholly responsible for
your actions or the actions of any person using your user name and/or password.
As such, you agree to indemnify and hold MyRatePlan.com, its affiliates,
agents, cobranders, and partners harmless from and against any and all costs,
damages, liabilities, and expenses (including attorneys' fees) incurred by
MyRatePlan.com in relation to, arising from, or for the purpose of avoiding any
claim or demand from a third party that your use of the Web Site or the use of
the Web Site by any person using your user name and/or password violates any
applicable law or regulation or the rights of any third party.
Disclaimer of Warranties and Limitation of
Liability
YOU USE THIS WEB SITE AT YOUR OWN RISK.
MYRATEPLAN.COM ASSUMES NO LIABILITY OR
RESPONSIBILITY TO ANY USER OR ANY THIRD PARTY CLAIMING THROUGH A USER FOR ANY
DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING OR DOWNLOADING ANY INFORMATION
OR MATERIAL INCLUDING, WITHOUT LIMITATION, THE ESTIMATES DISPLAYED ON
MYRATEPLAN.COM. IN NO EVENT SHALL MYRATEPLAN.COM BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS,
USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT,
EVEN IF MYRATEPLAN.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
USER ACKNOWLEDGES THAT THE ESTIMATES ARE INTENDED SOLELY FOR PRELIMINARY
ASSESSMENT AND EVALUATION OF THE CONSUMER PRODUCTS AND SERVICES. MYRATEPLAN.COM
HAS NO RESPONSIBILITY FOR NOR MAKES ANY WARRANTY WITH RESPECT TO THE ACCURACY
OR TIMELINESS OF THE ESTIMATES, NOR DOES IT WARRANT THAT THE TERMS OF ANY
CONSUMER PRODUCT OR SERVICE PURPORTEDLY OFFERED ON MYRATEPLAN.COM WILL BE
OFFERED TO USER BY THE PROVIDER OF SUCH CONSUMER PRODUCT OR SERVICE.
MYRATEPLAN.COM, LLC MAKES NO REPRESENTATION OR WARRANTY AS TO THE EXTENT OR
QUALITY OF COVERAGE OFFERED OR PROVIDED BY ANY WIRELESS TELEPHONE CARRIER.
MYRATEPLAN.COM OFFERS COMPARISONS OF A
SUBSET OF CONSUMER PRODUCTS AND SERVICES AND VENDORS BASED DATA PROVIDED BY
VENDORS OF SUCH PRODUCTS AND SERVICES AND CERTAIN INFORMATION PROVIDED BY THE
USER. COMPARISONS ARE INTENDED TO OFFER
THE USER OBJECTIVE CRITERIA TO CONTRAST AND EVALUATE THE VALUE OF COMPETING
PRODUCTS AND SERVICES AND IN NO WAY PURPORTS TO GUARANTEE THE RESULTS
DISPLAYED. MYRATEPLAN.COM DOES NOT
WARRANT THAT OTHER PLANS, DEVICES OR VENDORS MAY BE BETTER OPTION FOR A USER
THAN THOSE EVALUATED AND COMPARED ON THE WEB SITE.
MYRATEPLAN.COM HAS FINANCIAL RELATIONSHIPS WITH THE VENDORS
OF THE CONSUMER PRODUCTS AND SERVICES ON THIS WEB SITE. MYRATEPLAN MAY BE COMPENSATED IF CONSUMERS
CHOOSE TO PURCHASE, APPLY FOR AND ACQUIRE PRODUCT OR SERVICE FEATURED HEREIN.
PLEASE FULLY INVESTIGATE ALL ASPECTS OF ANY CONSUMER PRODUCT OR SERVICE BEFORE
YOU MAKE YOUR BUYING DECISION.
MYRATEPLAN.COM, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS,
WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR
COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE WEB SITE,
INCLUDING WITHOUT LIMITATION THE CONTENT, AND THE THIRD PARTY CONTENT. UNLESS
OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE WEB SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE WEB SITE IS
PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS
FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Exclusions
Certain jurisdictions do not allow the exclusion
of implied warranties or limitation of liability for incidental or consequential
damages, so the exclusions set forth above may not apply to you.
Local Laws, Export Control
MyRatePlan.com controls and operates this Web
Site from its headquarters in the United States of America and makes no
representation that the Content and/or Third Party Content are appropriate or
will be available for use in other locations. If you use this Web Site from
outside the United States of America, you are entirely responsible for
compliance with applicable local laws, including but not limited to the export
and import regulations of other countries in relation to the Content and the
Third Party Content.
Unless otherwise explicitly stated, all
marketing or promotional Content found on this Web Site are solely directed to
individuals, companies, or other entities located in the United States.
You acknowledge and agree that the Content and
the Third Party Content are subject to the US Export Administration Laws and
Regulations, and that diversion of the Content or the Third Party Content
contrary to US law is prohibited. You agree to comply strictly with all U.S.
export laws and assume sole responsibility for obtaining licenses to export or
re-export as may be required.
General
MyRatePlan.com does not actively monitor your
use of the Web Site. However, in its efforts to promote good citizenship within
the Internet community, if MyRatePlan.com becomes aware of inappropriate use of
the Web Site or any MyRatePlan.com service, MyRatePlan.com will respond in any
way that, in its sole discretion, it deems appropriate. You acknowledge that
MyRatePlan.com will report to law enforcement authorities any actions that may
be considered illegal, as well as any reports it receives of such conduct. When
requested, MyRatePlan.com will cooperate with law enforcement agencies to the
extent that doing so does not violate the privacy of our Users (unless
MyRatePlan.com is required by law to release information pursuant to a valid
warrant or other order of a court of law with jurisdiction over the matter in
question). MyRatePlan.com will make such
determinations arising in connection with the foregoing in its sole discretion.
If you violate these Terms, MyRatePlan.com
reserves the right to terminate service to you without notice. The preferred
course of action is to advise you of your inappropriate behavior and recommend
any necessary corrective action. However, flagrant violations of these Terms,
as determined by MyRatePlan.com in its sole discretion, will result in
immediate termination of service. You understand that MyRatePlan.com has the
right to terminate any account for any reason that MyRatePlan.com interprets as
an abuse of the account.
You agree that MyRatePlan.com and its licensors
may make improvements and/or changes in the products, services, and programs
described in this Web Site at any time without notice, and further agree that
MyRatePlan.com can revise these Terms at any time without notice by updating
this posting. You agree that your continued use of the Web Site after such
modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be
governed by Georgia law and controlling US federal law, without regard to the
choice or conflicts of law provisions of any jurisdiction. You agree to submit
to the jurisdiction of the courts located in DeKalb County, in the State of
Georgia, for the resolution of all disputes arising from or related to these
Terms and/or your use of the Web Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to
law, then such provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties, with all other provisions remaining in
full force and effect. The failure of MyRatePlan.com to enforce any right or
provision in these Terms shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by MyRatePlan.com in writing. The
Terms comprise the entire agreement between you and MyRatePlan.com and
supersede all prior or contemporaneous negotiations, discussions or agreements,
if any, between the parties regarding the subject matter contained herein.
