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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