Terms of Service
Effective: May 2, 2026 · Last updated: May 2, 2026
- What PriceFair Is
- Accepting These Terms
- Membership & the $20/Month Subscription
- Founding Members, Community Governance, and Slot Pricing
- Future Changes to the Platform
- No Guarantees of Leads or Revenue
- Member Conduct
- Termination & Refunds
- Public Profile Pages & Your Content
- Member Ratings & Reputation
- Google Business Profile Integration
- SMS Communications
- Payment Processing & Stripe
- Intellectual Property
- Indemnification
- Disclaimers & Limitation of Liability
- Dispute Resolution & Arbitration
- Governing Law
- Legal Notices & Service of Process
- Changes to These Terms
- Contact
1. What PriceFair Is
PriceFair operates private local business networks organized by town. We call each network a "Circle." A Circle holds one slot for each service category (for example, one Plumber, one Electrician, one Roofer per town). Members of a Circle coordinate referrals to each other on external platforms — Facebook groups, Nextdoor, neighborhood text threads — through a feature we call Boost Requests.
PriceFair is a networking and marketing platform. We are not a contractor, employer, agent, broker, or insurer. We do not perform the services that members provide, do not introduce paying customers to members, and do not guarantee any specific outcome. PriceFair does not screen, license-verify, insurance-verify, or background-check any member, and a member's listing on PriceFair is not an endorsement.
PriceFair is operated by Ronny White, based in New Jersey. The "we," "us," and "our" in these Terms refer to PriceFair.
2. Accepting These Terms
By creating an account, joining a Circle, paying for a membership, or otherwise using pricefair.com, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the service.
You must be at least 18 years old, legally able to enter into a contract, and (if you list a business) authorized to act on behalf of that business.
3. Membership & the $20/Month Subscription
Standard membership in a Circle costs $20 per month, billed automatically through Stripe. The fee gives you:
- An exclusive slot in your category for your town's Circle, for as long as your membership is active
- A public profile page on PriceFair
- The ability to send and respond to Boost Requests inside your Circle
- Optional integration with your Google Business Profile to display your aggregate Google star rating
If a payment fails, we'll notify you and give you a short grace period (currently 7 days, with reminders at day 1 and day 5). If the payment isn't fixed by the end of the grace period, your slot will open up to the next person on the waitlist and your membership will be deactivated.
4. Founding Members, Community Governance, and Slot Pricing
PriceFair operates Circles as self-governing peer networks. There are no platform moderators, no human content reviewers, and no member who holds elevated authority over the others. All curation and member-level governance happens through community voting using the same in-product "Back" affirmative-vote signal, evaluated against thresholds defined in this Section 4 and applied uniformly across all Circles. PriceFair as a platform handles the transaction layer (the $20/month subscription, payment processing, account creation), basic abuse safeguards (CAPTCHA, phone verification, payment fraud detection), and platform-wide law-enforcement and tax obligations. PriceFair does not arbitrate disputes between members, police content quality, or adjudicate the merits of any community vote.
4.1 Founding Member status (one category, one town, free)
The first member to sign up in a town's Circle for a given service category becomes the Founding Member of that category in that Circle. Founding Member status is free for one (1) service category in one (1) town, for as long as that member maintains an active membership in that Circle. Each town's Circle has one slot per service category; the Founding Member's free slot is one of those category slots, not a separate or additional listing.
If you wish to participate in additional categories within the same town, or in any category in a different town, each additional category-town combination is billed at the standard $20 per month per slot. Holding Founding Member status in one Circle does not entitle you to free participation in any other category, town, or Circle. You may simultaneously hold Founding Member status in multiple Circles in different towns; each is independent, and each grants free status only for the one category in the one town where you are the founding signup.
Founding Member status is cosmetic and economic only. A Founding Member receives a permanent badge on their public profile and a permanent free-rate lock for that one slot. A Founding Member has no special powers over content, voting, the experience of any other member, or the operation of the Circle. Every member, including the Founding Member, votes through the same Back mechanism at the same weight (one member, one vote per Circle).
4.2 Founding Member transfers (mutual consent)
A Founding Member may transfer their Founding Member status to another active member of the same Circle through mutual consent. Both the outgoing and incoming members must affirmatively confirm the transfer through the dashboard interface. The transfer becomes effective immediately upon the second confirmation. Effective on the next billing cycle:
- The outgoing Founding Member's billing converts to the standard $20/month subscription if they wish to remain in the Circle;
- The incoming Founding Member's billing converts to free status.
No refund, credit, partial refund, or pro-rated adjustment is issued to either party for the current billing cycle. Both parties keep the billing arrangement that applied at the start of the current cycle through its scheduled end. Initiating a Founding Member transfer is not a basis for a refund or chargeback under any circumstance.
4.3 Voluntary resignation of Founding Member status
A Founding Member may voluntarily resign their Founding Member status without naming a specific successor. The Founding Member slot is offered to the next eligible member of the Circle on the succession waitlist (default order: most recently joined active member first), who has 24 hours to accept. If the waitlist is exhausted without an acceptance, the Founding Member slot remains open and the Circle continues to function with no Founding Member; any subsequent first-in-trade signup may claim it. The outgoing Founding Member's billing converts to $20/month on the next billing cycle if they remain in the Circle.
4.4 Removal of a member from a Circle by community vote (concern motion)
Any active member of a Circle may, at any time, raise a concern motion against any other active member of the same Circle, including the Founding Member. A concern motion is a community vote to end that member's participation in that specific Circle.
- Proposing a motion. The proposing member submits a brief written reason (maximum 280 characters). The proposer's identity and reason are immediately visible to every active member of the Circle, including the targeted member. Anonymous concerns are not supported.
- Notification. The targeted member is privately notified by SMS and (where on file) email immediately upon motion creation. The targeted member can post a public response in the motion thread that is visible to every active Circle member.
- Open period. The motion remains open for between seven (7) and fourteen (14) days. Active members of the Circle can affirmatively back the motion using the in-product Back button; backs can be added or retracted at any time while the motion is open.
- Definition of "active member." An active member, for purposes of this Section 4.4, is a member of the Circle whose subscription status is active or whose Founding Member status is in good standing at the moment the motion is opened. The count of active members is captured at motion open and used as the threshold denominator for the duration of the motion.
- Threshold. The motion passes if backs from at least sixty-six percent (66%) of active members are recorded, with a minimum floor of five (5) backs regardless of percentage, AND at least seven (7) days have elapsed from motion open. The minimum floor prevents motions in very small Circles from passing on a slim numeric base. The minimum seven-day window prevents rushed reactions.
- Outcome (passed). The targeted member is removed from the Circle. Their Stripe subscription is set to cancel at the end of the current billing period. The targeted member retains full access to the Circle and platform through the end of the current billing period; there is no early cutoff and no refund or pro-rated credit, in whole or in part. The targeted member's slot opens to the waitlist when the current period ends.
- Outcome (expired or withdrawn). If the open period elapses without the threshold being reached, the motion expires with no action taken. If the proposer or the targeted member withdraws the motion before resolution, the motion closes with no action taken.
- Cooling-off windows.
- If a motion against a targeted member fails (expires or is withdrawn), no new concern motion may be opened against that same targeted member in that same Circle for sixty (60) days from the date the motion closed.
- If a proposing member's motion fails (expires or is withdrawn), that same proposer may not open a new concern motion in that same Circle for thirty (30) days from the date the motion closed. Different members may still open new motions during the proposer's cooling-off window.
- Removal is local, not platform-wide. Removal under this Section 4.4 is local to the specific Circle (specific service category in a specific town) only. The removed member is not banned from PriceFair and may join any other Circle (different category, different town, or both) without restriction, subject to the standard slot-availability and waitlist rules.
- Same-Circle rejoin lockout. A member removed under Section 4.4 may not rejoin the same Circle (same service category in the same town) for one hundred eighty (180) days from the date of removal. After the 180-day window has elapsed, the removed member may apply to rejoin subject to slot availability and the waitlist.
- Public profile after removal. The removed member's public profile page is taken offline upon removal and remains in a non-active state for thirty (30) days, after which the URL slug becomes available for the next provider in that category in that town.
- No refund. Removal under this Section 4.4 is not a basis for a refund, credit, or chargeback. The removed member's payment for the current billing period stands; their access to the Circle and platform continues until the period ends as paid.
- Targeted member's Founding Member status. If the targeted member is the Founding Member of the Circle and the motion passes, their Founding Member status terminates at the end of the current billing period. The Founding Member slot is offered to the next eligible member on the succession waitlist as described in Section 4.3.
- One open motion per target. Only one concern motion may be open against a given targeted member in a given Circle at a time. Attempts to open a second concurrent motion against the same target in the same Circle will be rejected; the existing motion must be resolved (passed, expired, or withdrawn) first.
4.5 Reserved: PriceFair's right to terminate accounts for fraud or abuse
The community-vote mechanism in Section 4.4 is the exclusive Circle-level governance path. Independent of community voting, PriceFair reserves the right, in our sole discretion and without notice, to suspend or terminate any account in cases of fraud, payment-network abuse, impersonation, manipulation of ratings or community votes, violation of Section 7 (Member Conduct), violation of these Terms, violation of applicable law, or any conduct that, in our reasonable judgment, harms other members, the integrity of the platform, the trust of the public, or the legal interests of PriceFair. Suspension or termination under this Section 4.5 carries the same billing consequences as a Section 4.4 community removal: access continues through the end of the current billing period as paid, with no refund or pro-rated credit, and the affected slot opens to the next person on the waitlist when the period ends. Termination under this Section 4.5 is not equivalent to community moderation. It is the platform-operator's reserved right to enforce these Terms, applicable law, and platform-integrity safeguards (such as identity verification, payment-fraud detection, and abuse prevention), and is exercised independently of and without reference to any community sentiment or vote in the Circle.
4.6 Slot waitlist
If your category is filled, you can join the waitlist; you'll be notified the moment a spot opens, and you'll have 72 hours to claim it before it goes to the next person on the waitlist. Waitlist records are retained even after a slot is claimed or expires (see our Privacy Policy for details).
4.7 Billing transitions are next-cycle only; no refunds, no credits
All billing changes triggered by a status transition under Sections 4.2 through 4.5 (Founding Member transfer, voluntary resignation, community removal, or platform termination) take effect on the next billing cycle, never mid-cycle. No refunds, no credits, no pro-rated adjustments, and no make-good charges of any kind are issued for the current billing cycle regardless of which side of a transition you are on. This rule applies symmetrically — to the party gaining free Founding Member status, the party losing it, and the party being removed from a Circle — and is a structural anti-gaming protection against billing-cycle manipulation through repeated transfers or motions. Initiating any status transition is not a basis for a refund, chargeback, or payment dispute. Initiating a chargeback in violation of this Section 4.7 is a breach of these Terms that may result in immediate termination under Section 8.
5. Future Changes to the Platform
The single-slot-per-category, town-based Circle model is how PriceFair operates today. You acknowledge and agree that PriceFair may evolve the platform at any time, including (without limitation):
- (a) Changing the structure of slots, including allowing multiple providers per category in a town, splitting a category into sub-categories, merging categories, or rebalancing categories across towns;
- (b) Introducing new fee structures, pricing tiers, or transactional fees (for example, per-lead fees, per-job fees, percentage commissions, premium tiers, success-based pricing) — and modifying or replacing the existing $20/month flat fee;
- (c) Adding consumer-facing features (including, without limitation, public job posting, lead matching, direct customer-to-provider messaging, customer reviews, ratings, transactions, payments, escrow, dispute mediation, scheduling, and any other marketplace functionality);
- (d) Modifying, adding, or removing existing member benefits, features, integrations, branding, or the appearance, position, or visibility of your slot or profile;
- (e) Changing eligibility criteria, verification requirements (including paid background checks, license verification, or insurance verification), and conduct standards;
- (f) Geographic, vertical, or business-model expansion, including replacing or supplementing the Circle model with a different model entirely.
We will give you commercially reasonable advance notice of material changes that affect your slot or your fees, and you will always have the right to cancel your membership before such a change takes effect for you. Continued use of the service after a change takes effect is your acceptance of the change. You may not bring any claim against PriceFair based on a platform change you were given notice of and chose not to opt out of.
6. No Guarantees of Leads or Revenue
PriceFair makes no representation, warranty, or guarantee — express or implied — that membership in a Circle will produce any leads, referrals, inquiries, customers, jobs, sales, revenue, profit, traffic, search ranking, social-media reach, or any other business outcome. The volume and quality of any leads or referrals depends entirely on factors outside PriceFair's control, including the activity of other members, your industry, your geography, your reputation, seasonality, search-engine behavior, third-party platforms, and economic conditions.
You are paying for access to the platform — the slot, the profile page, the Boost Request tooling, and the supporting infrastructure — not for results. The $20/month fee is for the platform itself and is fully earned by us at the time of each billing cycle. You agree that a perceived lack of leads, referrals, or revenue is not a basis for a refund, chargeback, or dispute, and that initiating a chargeback on this basis is a breach of these Terms that may result in immediate termination of your account and a permanent ban from the service.
You acknowledge that you have not relied on any oral or written statement, marketing material, projection, testimonial, or social-media post by or on behalf of PriceFair as a promise of any specific business outcome.
7. Member Conduct
You agree not to:
- List or impersonate businesses you don't own. Listing a business you don't own or aren't authorized to represent, or impersonating another business, person, or organization.
- Create fake or duplicate accounts. Operating more than one account for the same business, creating accounts under false identities, or using bots or automated tools to interact with the service.
- Manipulate reviews. Soliciting, exchanging, paying for, faking, or otherwise manipulating reviews or ratings on Google, Facebook, Nextdoor, Yelp, or any other platform — including coordinating reviews between members on or off PriceFair.
- Submit fraudulent Boost Requests. Posting fake Boost Requests, fabricating customer demand, recommending members in exchange for kickbacks not disclosed to the recipient, or coordinating off-platform schemes that deceive other members or the public.
- Poach customers from other members off-platform. Using the Circle's contact-coordination features, member directory, or Boost Request flow to identify another member's customer leads and then redirect those customers away from the recommending member or undercut another member without their consent.
- Misrepresent credentials. Misrepresenting your services, qualifications, professional licensing, certifications, insurance status, years of experience, or any other material fact about your business.
- Harass or discriminate. Harassing, threatening, defaming, or discriminating against other members, customers, or the public — on or off the platform.
- Spam or violate other platforms' terms. Using Boost Requests to spam audiences, post in groups you're not authorized to post in, or violate the terms of service of Facebook, Nextdoor, or any other platform you cross-post to.
- Facilitate anything illegal. Using PriceFair to facilitate fraud, money laundering, illegal labor practices, unlicensed work where licensing is required, or any other unlawful conduct.
8. Termination & Refunds
You can cancel your membership anytime from the Stripe Customer Portal in your dashboard. If you cancel voluntarily, you keep access for the remainder of the current billing period; we do not pro-rate or refund the unused portion.
We may suspend or terminate your account immediately, in our sole discretion and without notice, for any violation of Section 7, for repeated payment failures, or for any other conduct that, in our reasonable judgment, harms other members, the integrity of the platform, the trust of the public, or the legal interests of PriceFair. If we terminate your account for cause, you forfeit any portion of fees already paid for the current billing cycle and you are not entitled to any refund. Your slot opens immediately and the next person on the waitlist is notified.
You agree that termination for cause does not give rise to any claim for damages, lost profits, or lost business opportunity against PriceFair.
9. Public Profile Pages & Your Content
Your PriceFair profile page is publicly visible. You are responsible for the accuracy of everything you put on it: business name, description, contact details, website, social links, and uploaded photos. By posting content on PriceFair, you grant us a non-exclusive, worldwide, royalty-free license to host, display, distribute, and create promotional excerpts of that content for the purpose of operating and promoting the service. You retain ownership of your content.
You are also responsible for the accuracy of any recommendation, statement, claim, or quote you make about another member, customer, or the public through Boost Requests, the Circle dashboard, or any other PriceFair feature, including content you cross-post on your behalf to external platforms.
9A. Member Ratings & Reputation
PriceFair displays a numeric star rating (one to five stars) on each member's public profile and on Circle dashboard surfaces. Star ratings are submitted by other members based on verified Circle interactions and, when applicable, by customers based on completed jobs. Ratings are numeric only — PriceFair does not collect, store, or display written review text in connection with Circle ratings. Optional sub-category numerics (service quality, communication, timeliness, professionalism) and a "would recommend" indicator may accompany the overall star value.
9A.1 Verified-interaction gate
You may only submit a star rating about another member after a verified interaction between you and that member has been mutually confirmed in the Circle dashboard. Verified interactions include, without limitation, completion of a Boost Request and confirmed cross-platform referral attribution. Both parties must affirmatively confirm the interaction occurred before either party becomes eligible to rate the other. Eligibility expires fourteen (14) days after mutual confirmation.
9A.2 Rating-pair frequency and persistence
You may submit at most one rating per recipient member per ninety (90)-day window. Submitting a new rating about the same member within the 90-day window updates your existing rating record. Ratings persist after submission and contribute to the recipient's aggregate score and TrustScore.
9A.3 TrustScore and quorum-hide rule
PriceFair computes a composite TrustScore for each member using a weighted, Bayesian-adjusted algorithm that accounts for rating quantity, rating value, and the rater's own TrustScore. The algorithm is designed to discount fabricated, low-volume, or coordinated ratings. To protect new members against statistically meaningless single-rating outliers, member profiles display a generic "New Member" indicator instead of a numeric star average until at least three (3) unique raters have submitted ratings.
9A.4 Anti-manipulation defenses
To protect rating integrity in small networks, PriceFair applies one or more of the following defenses, alone or in combination:
- Reciprocal-rating dampening, which reduces the weight applied to mutual ratings exchanged within a short window;
- Per-member, per-Circle rating velocity caps;
- Verified-interaction trail audits, with bulk purge of any rating not backed by a mutually-confirmed interaction record;
- Quorum-based score visibility (Section 9A.3);
- TrustScore weighting that lowers the effective contribution of low-tenure or low-trust raters.
The specific parameters of these defenses (weights, windows, thresholds) are operational details and may be adjusted by PriceFair without notice for purposes of maintaining rating integrity.
9A.5 Asymmetric advantage at platform expansion
Star ratings and TrustScore values accumulated under these Terms are part of your account. If PriceFair adds consumer-facing features in the future (including, without limitation, the additions described in Section 5(c) — public job posting, customer-side reviews, lead matching, transactions, escrow, and other marketplace functionality), the ratings and TrustScore you accumulated during the Circles-only phase will continue to display on your profile in the consumer-facing surfaces. PriceFair makes no representation, warranty, or guarantee that participation during the Circles-only phase will produce any specific competitive advantage, conversion uplift, customer volume, or business outcome at any future stage of the platform; any such characterization in marketing materials is forward-looking and is not a contractual commitment.
9A.6 Prohibited rating conduct
The conduct restrictions in Section 7 apply with equal force to PriceFair ratings. You may not solicit, exchange, pay for, fake, coordinate, retaliate through, or otherwise manipulate ratings on PriceFair, on Google, on Facebook, on Nextdoor, on Yelp, or on any other platform — whether on or off PriceFair. Manipulation of ratings, fabrication of interactions to unlock rating eligibility, retaliatory ratings, and coordinated rating campaigns are grounds for immediate account termination under Section 4.5 and Section 8.
9A.7 Rating display and removal
PriceFair reserves the right to remove, hide, anonymize, or recompute any individual rating, any aggregate score, or the TrustScore for any account, in our sole discretion, for purposes of preserving rating integrity, complying with law, or enforcing these Terms. Removal of a rating is not a basis for a refund or chargeback.
10. Google Business Profile Integration
If you choose to connect your Google Business Profile, we will read and display your aggregate star rating and review count. We do not access individual reviews, customer messages, or any other data beyond what's needed to show those numbers. You can disconnect at any time from your dashboard, which clears all Google-derived data from your profile.
Your use of Google Business Profile data through PriceFair is also governed by the Google Business Profile API Terms of Service, the Google API Services User Data Policy (including its Limited Use requirements), and the Google Privacy Policy. PriceFair's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
11. SMS Communications
By providing your mobile number, you consent to receive transactional and account-related text messages from PriceFair, including verification codes, Boost Request notifications, payment-failure alerts, and waitlist notifications. Message and data rates may apply. Message frequency varies based on your activity.
You can opt out of non-essential SMS at any time by replying STOP to any of our messages, or by turning off SMS notifications in your dashboard settings. Reply HELP for help. Opting out of SMS does not cancel your membership.
12. Payment Processing & Stripe
All payments are processed by Stripe, Inc., a PCI-DSS Level 1 certified payment processor. PriceFair never sees or stores your full credit card number. Your payment information is subject to Stripe's Privacy Policy and Services Agreement.
13. Intellectual Property
The PriceFair name, logo, product, software, and original content are owned by PriceFair and protected by copyright, trademark, and other laws. You may not copy, modify, reverse-engineer, or create derivative works of the platform without written permission. Member-uploaded content remains owned by the member, subject to the license you grant us in Section 9.
14. Indemnification
You agree to indemnify, defend, and hold harmless PriceFair, its operator, employees, contractors, and affiliates from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your use of the service, your account, your slot, or your public profile;
- Any content you post, upload, submit, or transmit through PriceFair, including profile content, photos, business descriptions, and Boost Request content;
- Any recommendation, endorsement, statement, claim, message, post, or comment you make about any other member, person, or business — on PriceFair or on any external platform you cross-post to (including Facebook, Nextdoor, neighborhood groups, and SMS) — whether originated through a Boost Request or otherwise;
- Any service you (or anyone acting on your behalf) provide or fail to provide to a customer, another member, or the public, including any property damage, personal injury, defective workmanship, breach of contract, or violation of consumer-protection law;
- Your breach of these Terms, of the Privacy Policy, of applicable law, or of the rights of any third party (including intellectual-property, defamation, privacy, and unfair-competition rights);
- Any chargeback, fraud claim, or payment-network dispute you initiate in violation of Section 6 or these Terms.
PriceFair reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You will not settle any matter affecting PriceFair without our prior written consent. This indemnity survives termination of your account.
15. Disclaimers & Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PRICEFAIR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, OR THAT THE INFORMATION ON THE SERVICE IS ACCURATE OR RELIABLE.
PriceFair is not responsible for the quality, safety, legality, or performance of any service provided by a member. Any dispute about a job performed by one PriceFair member for another member or for a member of the public is between those parties; PriceFair is not a party to it.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRICEFAIR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY — SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID PRICEFAIR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
IN NO EVENT WILL PRICEFAIR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST GOODWILL, OR LOST DATA, EVEN IF PRICEFAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you. In those jurisdictions, PriceFair's liability is limited to the smallest extent permitted by law.
16. Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH PRICEFAIR THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS — SEE THE "OPT OUT" PARAGRAPH BELOW.
Informal resolution first. Before filing a formal claim, you agree to contact us at support@pricefair.com with a written description of the dispute and try in good faith to resolve it informally. We agree to do the same. Neither party may commence arbitration until at least 30 days after the other party has received this notice.
Binding arbitration. If the dispute is not resolved within those 30 days, both parties agree that the dispute will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"), available at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. The arbitration shall take place in or near the county where you reside, or by telephone or video conference at your option. Judgment on the award may be entered in any court of competent jurisdiction.
Arbitration fees. Filing, administrative, and arbitrator fees will be allocated as set forth in the AAA Rules. For any claim where the amount in dispute is $10,000 or less, PriceFair will pay all AAA filing, administrative, and arbitrator fees, except that if the arbitrator finds your claim to be frivolous or brought for an improper purpose, the allocation of fees will be governed by the AAA Rules and you may be responsible for fees and costs. Each party is otherwise responsible for its own attorneys' fees, except as the arbitrator awards otherwise under applicable law.
CLASS-ACTION WAIVER. YOU AND PRICEFAIR AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND PRICEFAIR AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
If a court decides that the class-action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed from this arbitration agreement and brought in court under Section 17. The remainder of this arbitration agreement will continue to apply.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or other equitable relief in court for the protection of intellectual-property rights.
HOW TO OPT OUT OF ARBITRATION. YOU CAN OPT OUT OF THIS ARBITRATION AGREEMENT (INCLUDING THE CLASS-ACTION WAIVER) BY EMAILING SUPPORT@PRICEFAIR.COM WITHIN 30 DAYS AFTER YOU FIRST ACCEPT THESE TERMS. THE EMAIL MUST USE THE SUBJECT LINE "ARBITRATION OPT-OUT" AND INCLUDE YOUR FULL NAME, BUSINESS NAME, AND THE EMAIL ADDRESS ON YOUR PRICEFAIR ACCOUNT. OPTING OUT OF ARBITRATION WILL NOT AFFECT ANY OTHER PART OF THESE TERMS, AND IT WILL NOT AFFECT YOUR MEMBERSHIP OR YOUR SLOT.
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and survives termination of your account.
17. Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles. For any matter not subject to arbitration under Section 16, the state and federal courts located in New Jersey will have exclusive jurisdiction, and you and PriceFair consent to personal jurisdiction and venue there.
18. Legal Notices & Service of Process
ELECTRONIC SERVICE NOT ACCEPTED. PRICEFAIR DOES NOT ACCEPT SERVICE OF PROCESS, LEGAL DEMANDS, SUBPOENAS, LITIGATION HOLDS, COURT FILINGS, OR ANY OTHER LITIGATION-RELATED NOTICES VIA EMAIL, SMS, IN-APP MESSAGE, ONLINE FORM, SOCIAL MEDIA, OR ANY OTHER ELECTRONIC MEANS. ANY ATTEMPT TO SERVE LEGAL PROCESS OR DELIVER A LITIGATION-RELATED NOTICE TO PRICEFAIR ELECTRONICALLY IS INVALID AND WITHOUT LEGAL EFFECT. THE EMAIL ADDRESS SUPPORT@PRICEFAIR.COM (AND EVERY OTHER ELECTRONIC PRICEFAIR CONTACT CHANNEL) IS A CUSTOMER-SUPPORT CHANNEL ONLY AND IS EXPRESSLY NOT MONITORED FOR LEGAL NOTICES, SERVICE OF PROCESS, OR LITIGATION-RELATED CORRESPONDENCE.
Required Method of Service. Service of process on PriceFair must be effected in strict compliance with the service rules of the court having jurisdiction over the matter. For proceedings in New Jersey, service must comply with New Jersey Court Rule 4:4-4, including, without limitation, personal service or service by registered or certified mail, return receipt requested, on PriceFair's registered agent of record. Service in any other jurisdiction must comply with that jurisdiction's analogous rules of civil procedure governing service on a business entity through its registered agent.
Registered Agent. PriceFair's registered agent and service-of-process address are on file with the New Jersey Division of Revenue and Enterprise Services and may be obtained through the public Business Entity Records search at that agency. PriceFair does not publish its registered agent's name or address in these Terms, on its website, or in any of its public-facing materials. Parties intending to initiate legal proceedings against PriceFair are responsible for locating and properly serving PriceFair's registered agent through proper public-records channels.
Defective Service. Any service of process that fails to comply with the requirements of this Section 18 — including service to any electronic channel, service to any address other than the registered agent of record, service by a method not authorized by the applicable court rules, or service that omits any element required by the applicable court rules — is defective and will not be treated as having provided PriceFair with legal notice. PriceFair reserves all rights, including without limitation rights to object to personal jurisdiction, to move to quash defective service, to seek dismissal for lack of proper service, and to seek any other relief available under applicable law.
Pre-Litigation Notice Requirement. As a condition precedent to filing any arbitration demand, court action, lawsuit, or other formal proceeding against PriceFair (other than an action for injunctive relief to protect intellectual-property rights or an individual claim properly filed in small-claims court), you must first send a written notice describing (i) the dispute, (ii) the relief or resolution you seek, and (iii) all facts and documents supporting your position, by certified mail, return receipt requested, to PriceFair's registered agent. PriceFair shall have sixty (60) days from its receipt of such notice (the "Notice Period") to investigate and attempt to resolve the matter. You may not commence any arbitration, lawsuit, or other formal proceeding against PriceFair before the Notice Period has elapsed. The applicable statute of limitations and any contractual limitation period are tolled during the Notice Period to the extent permitted by law. Any arbitration demand or court filing made in violation of this paragraph is subject to dismissal, stay, or referral back to this notice procedure, and the time you spend pursuing the premature filing does not toll any deadline that runs against you.
Fee Shifting for Frivolous or Pre-Merits-Dismissed Actions. If any arbitration, lawsuit, or other proceeding brought against PriceFair (i) is dismissed as frivolous or in bad faith (including as defined by the New Jersey Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1, and analogous statutes or rules in other jurisdictions), (ii) is barred or dismissed by operation of these Terms (including the arbitration agreement, the class-action waiver, the limitation of liability, or the pre-litigation notice requirement), (iii) is dismissed for defective service of process under this Section 18, or (iv) is otherwise resolved in PriceFair's favor on a pre-merits basis (for example, on a motion to dismiss, motion to compel arbitration, motion to quash, motion for lack of jurisdiction, or motion to enforce these Terms), the claimant shall be liable to PriceFair for its reasonable attorneys' fees, expert fees, costs of defense, and other reasonable expenses incurred in defending the proceeding, to the maximum extent permitted by applicable law. This fee-shifting provision is a contractual obligation that survives termination of your account and is in addition to, and not in lieu of, any fee-shifting available under statute, court rule, or common law.
Severability of this Section. If any portion of this Section 18 is found to be unenforceable, the remainder shall continue in full force and effect, and the unenforceable portion shall be reformed to the minimum extent necessary to make it enforceable while preserving its intent.
19. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we'll notify you at least 14 days before the change takes effect by email to the address on your account, by posting a notice on the site or in your dashboard, by SMS to the number on your account, or by any other method reasonably designed to reach you, and we'll update the "Last updated" date at the top of this page. If a change is required to comply with law or to protect the security of the service, we may make it effective immediately. Continued use of the service after the change takes effect means you accept the updated Terms. If you don't agree, please cancel your membership before the effective date.
20. Contact
General questions about these Terms? Email support@pricefair.com. This address is for general questions only and is not a channel for legal notices, service of process, subpoenas, or any other litigation-related communication — see Section 18 for the required service procedure.