GPUCheck.com Privacy Policy

We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site. We may offer certain functionality and services, such as accessing future services and submitting content (eg product reviews, photos, messages, comments, notes, metadata) that may require you provide certain personal information or may in which in the process of submitting such content inadvertently supply us with personal information. GPUCheck will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of GPUCheck in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) GPUCheck determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of GPUCheck, its subsidiaries, affiliates, co-brand partners or other parties under contract with GPUCheck, our users, or others; or 4) you have provided such data through a partner's site hosted by GPUCheck, in which case GPUCheck may provide your personal data to that partner (GPUCheck is not responsible for its partners' privacy policies or their use, storage and processing of data collected on their web sites).

Our web servers collect from Site visitors’ statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site. This information is collected to assist us in maintaining a high quality site, provide necessary traffic information to our advertisers and tune our website to provide a better experience for each user. We currently contract with several online partners to help manage and optimize our Internet business and communications. In order to learn more about our users and what services and feature are most attractive to our visitors we utilize cookies to assist us in collecting relevant site usage info by our visitors. GPUCheck also utilizes the assistance of third party tools to understand how its site is being used (including Google Analytics, Google Adsense, etc.) and these parties may utilize cookie technology to ascertain how the Site is being accessed by visitors.

In conjunction with our in-house advertising, we use third-party advertising companies to place customized advertisements on the pages you view on the Site (eg Google Adsense). Our third-party advertising companies also separately place or recognize a cookie file on your browser in the course of delivering advertisements to the Site. These companies may use non-personal information collected by the cookies about your visits to the Site and other web sites in order to provide you with advertisements about goods and services of interest to you.

The Site contains links to web sites of third parties. GPUCheck is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. GPUCheck adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.

We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp.

GPUCheck.com Terms of Use

GPUCheck.com, including its successors and assigns, ("GPUCheck") operates an internet review, advice and comparison site including embedded versions of its content on other third parties sites (collectively, the "Site"). You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers and affiliate partners ("Licensors"), which you accept by your use of the Site. GPUCheck, reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. You are bound by such modifications or revisions, and should therefore you should visit this page frequently to review the terms. Your continued use of the Site following GPUCheck’s posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.

LICENSE AND SITE ACCESS

GPUCheck grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, reviews, descriptions, comparisons, content or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of GPUCheck. Any unauthorized use shall immediately terminate the licenses and rights granted by GPUCheck and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray GPUCheck, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any GPUCheck, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of GPUCheck, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).

GPUCheck does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within GPUCheck’s control.

CONTENT

GPUCheck provides a number of different services to assist you in deciding what product to buy including reviews, comparisons, product round-ups, search, recommendations and comparison shopping for products and services on the Site. GPUCheck is paid by merchants or other third parties for listing products and services on the Site and for promotions such as featured merchants, featured products and showcases.

GPUCheck does not sell, resell or license any of the products listed on the Site, nor is GPUCheck acting as an agent of sale, and GPUCheck disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.

GPUCheck does not warrant any content, including but not limited to, reviews, comparisons, product round ups, recommendations, product descriptions, pricing and editorial commentary, on the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by GPUCheck of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. GPUCheck assumes no liability for inaccuracy or incompleteness in its content, including but not limited to, reviews, product data, comparisons, round-ups, search results, editorial content and ratings (user, product, merchant etc.).

CONTENT SUBMISSION

By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant GPUCheck a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to GPUCheck to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of GPUCheck, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. GPUCheck reserves the right to change, condense or delete any content on the Site that GPUCheck deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post or provide any information to/for the Sites:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
  • that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that seeks to obtain a commercial advantage;
  • that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
  • that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.

In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify GPUCheck (among others) for the content you submit as set forth in the indemnity section, below.

You agree that you will not use any device, software or routine to bypass robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on GPUCheck's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without GPUCheck's prior written consent.

OTHER BUSINESSES AND LINKS TO OTHER SITES

GPUCheck may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by GPUCheck of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. GPUCheck is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.

GPUCheck has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE GPUCheck, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH GPUCheck, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY GPUCheck ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GPUCheck MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GPUCheck SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. GPUCheck DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF GPUCheck'S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GPUCheck DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEGRABER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM GPUCheck ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GPUCheck WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH GPUCheck'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold GPUCheck, its subsidiaries, affiliates, co-brand partners, and other parties with which GPUCheck is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement and/or resulting from any and all content you submit to GPUCheck and/or the Site. GPUCheck shall provide notice to you of any such claim, suit or proceeding.

IP OWNERSHIP AND COPYRIGHT INFRINGEMENT

GPUCheck disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). GPUCheck will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with the governing laws of Ontario and Canada. All notices sent to GPUCheck regarding matters other than informing GPUCheck that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.

INFRINGEMENT NOTIFICATION

To be effective, your infringement notification must include the following:

  1. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
  2. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GPUCheck to locate the material;
  3. Information reasonably sufficient to permit GPUCheck to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  4. A statement, as follows: "I 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
  5. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

GENERAL

If any provision of these Terms of Use and Privacy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and all agreements and notices incorporated herein may be automatically assigned by GPUCheck, in our sole discretion, to a third party. You may not assign your obligations to any other entity.