CONSUMER INTERNET PROTECTION - WEBSITE CERTIFICATION PROGRAM
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CONSUMERS

Browse and Buy with confidence...buy products and services from a TrustedSite member.

 

 
Site Terms of Use

PLEASE READ THE FOLLOWING USER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS WEB SITE OR USING OUR OTHER SERVICES. By using our website or other services, you agree to the terms of this User Agreement. If you do not agree to the terms of this User Agreement, you may not use our website or other services. We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on our website.

Significance of Ratings
Customer ratings reflect the aggregated responses of actual customers. As such, these ratings are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.

All other ratings reflect the aggregated responses of hundreds or thousands of actual of actual online buyers. Again, as such, these ratings are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.

Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, and may also purchase research from TrustedSite, but in no event does any such payment affect the merchant rating given to any merchant by participating online shoppers.

Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant ratings.

Consumer Reviews
The consumer reviews on our site are comments received from actual customers--typically many thousands of consumers who have elected to post a review on our site. As such, these reviews are informative for those wishing to use them, but they do not guarantee any level of performance by an online merchant or other third party in any given transaction.

Participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, and may also purchase research from TrustedSite, but in no event does any such payment affect the reviews given to any merchant by participating online shoppers.

Users agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, the merchant reviews. Furthermore, users agree not to post any review that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content for a general shopping audience. By posting a review, the poster thereby represents that the review is based upon an actual online shopping experience with the merchant being reviewed and irrevocably assigns all copyright and other intellectual property rights in the review to TrustedSite. TrustedSite may publish the review in its discretion and reserves the right to remove or alter the content of any review deemed offensive or in violation of TrustedSite's policies, and all decisions by TrustedSite in this regard are final.

Legal Disclaimer
TrustedSite shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on TrustedSite, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on TrustedSite. The information, services, products, and materials contained in this website or available through our other services, including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis. To the maximum extent permitted by law, TrustedSite DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. Some states may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.

In addition, since TrustedSite cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, TrustedSite does not represent or warrant that the information accessible via our website or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our website or through our other services. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice. TrustedSite SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH TrustedSite'S SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our website or other services.

Liability Limitations
In no event shall TrustedSite or its affiliates or agents (the "TrustedSite Parties") be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this website or through our other services, in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more TrustedSite Parties is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if the value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate. You and we agree that this is a fair allocation of risk based upon the manner and cost by which TrustedSite's services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online. FURTHERMORE, IN NO EVENT SHALL THE TrustedSite PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Some states may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Third-Party Sites
Our website, emails, or other services may include links to other sites on the Internet that are owned and operated by online merchants, and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefore.

In certain areas on our site, we may join forces with a reputable third-party source of specialized information and other content so that you can quickly and easily make informed decisions about such products and services. In each of these areas, the TrustedSite header will note that the services are "Powered by" or "By" the third-party. This indicates that the content resides on the third party's servers and your use of those services is governed by that company's privacy policies and terms of use, which you can access at the bottom of each page in those areas. We recommend that you always review their privacy policies and terms of use before you complete any transaction with them. This User Agreement (but not our privacy policies) also apply as between you and TrustedSite with respect to your use of those third-party services accessed through our site.

GOVERNING LAW; JURISDICTION AND VENUE
These Terms of Use are to be governed and construed in accordance with the internal laws of the State of Georgia, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Cobb County, Georgia. The arbitrator shall be selected by you and TrustedSite, and if you and TrustedSite are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and TrustedSite and your and TrustedSite's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or TrustedSite be entitled to punitive damages and both you and TrustedSite hereby waive your and TrustedSite's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Severability
You agree that if any term in this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

Waiver of Rights
You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

Confidentiality
You will, by using the services or by contact with TrustedSite employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.

Force Majeure.
Neither party shall be liable (except for nonpayment) for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties' reasonable control. The party so delayed or prevented from performing shall exercise good faith efforts to remedy any such cause of delay or cause preventing performance.

Other Terms
Our website and other services are operated and provided in the State of Georgia, USA. As such, we are subject to the laws of the State of Georgia, and such laws will govern this User Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site or other services, you agree to do so subject to the internal laws of the State of Georgia. You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. We do not guarantee continuous, uninterrupted or secure access to our website or other services, and operation of our website or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of this User Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. You agree that this User Agreement and any other agreements referenced herein may be assigned by TrustedSite, in our sole discretion, to a third party in the event of a merger or acquisition. This User Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a TrustedSite Member or participation in any other program or service offered by TrustedSite. You agree that by accepting this User Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Notice.

Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2005 TrustedSite, with all rights reserved, or is the property of TrustedSite and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this website for the sole purpose of using this site as a shopping resource. Any other use of materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TrustedSite is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of TrustedSite.

TrustedSite and the TrustedSite Seal are registered service marks of TrustedSite Consortium. TrustedSite's service marks/trademarks may not be used in connection with any product or service that is not provided by TrustedSite, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TrustedSite.

All other trademarks displayed on TrustedSite's website are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between TrustedSite and these companies.

This User Agreement was last modified on November 15, 2005.

 

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