TERMS AND CONDITIONS OF USE
Please Read
These Terms and Conditions of Use Carefully Before Using This Site.
By using the Site, you consent to these Terms and Conditions of Use
including without limitation the Privacy Policy provisions outlined
below.
Legal Notices
This website and the content contained
herein (the “Site”) are provided by ConsumerVoted.Org, LLC (CV) and
may be used for informational purposes only. By using the Site or
downloading content from the Site, you agree to abide by the terms and
conditions set forth in these Terms and Conditions of Use. If you
do not agree to abide by these Terms and Conditions of Use do not use
the Site or download Information from the Site.
Limitations on Use
CV authorizes you to view and download the information, consumer
reviews, and other material found on this Site (collectively, the
"Information") only for your informational use. Subject to these Terms
and Conditions of Use, CV grants you a non-exclusive,
non-transferable, limited right to access, use and display the Site.
You agree not to interrupt or attempt to interrupt the operation of
the Site in any way.
CV Intellectual Property
Your authorization to access, use and
display the Site is not a transfer of title in the Information.
Furthermore, your use of the Site is subject to the following
restrictions: 1) you must retain, on all copies of the Information
downloaded, all copyright and other proprietary notices contained in
the Information; 2) you may not modify the Information in any way or
reproduce or publicly display, perform, distribute or otherwise use
the Information or any copies thereof for any public or commercial
purpose; and 3) you must not transfer the Information to any other
person unless you give them notice of, and they agree to accept, the
obligations arising under these Terms and Conditions of Use. You agree
to abide by all additional restrictions displayed on the Site as it
may be updated from time to time. This Site, including all
Information, is copyrighted. You agree to comply with all copyright
laws worldwide in your use of this Site and to prevent any
unauthorized copying of the Information. Except as expressly provided
herein, CV does not grant any express or implied right to you under
any patents, trademarks, copyrights, trade secrets or other
proprietary rights.
Disclaimer of Warranties
THE INFORMATION, INCLUDING BUT NOT
LIMITED TO THE CONSUMER REVIEWS, MAY CONTAIN INACCURACIES AND
TYPOGRAPHICAL ERRORS. CV DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE INFORMATION OR THE RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER FACTUAL INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH
CONSUMER REVIEW, OPINION, ADVICE, STATEMENT, ANSWER, OR OTHER FACTUAL
INFORMATION IS AT YOUR SOLE RISK. CV RESERVES THE RIGHT, IN ITS SOLE
DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE
SITE. CV DOES NOT WARRANT THAT YOUR USE OF THIS SITE SHALL BE
UNINTERRUPTED OR THAT THE SITE IS VIRUS OR WORM FREE.
THIS SITE AND THE INFORMATION MADE
AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Damages
IN NO EVENT SHALL CV BE LIABLE TO
YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DAMAGES WHATSOEVER OF
ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSS OF ANY KIND THAT ARE
RELATED TO THE ACCURACY OF, USE OF, OR THE INABILITY TO USE, THE
CONTENT, INFORMATION, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE,
EVEN IF CV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third Party Sites
As a convenience to you, CV may
provide, on this Site, hyperlinks to websites operated by third party
entities. If you decide to visit any linked site, you do so at your
own risk and it is your responsibility to take all protective measures
to guard against viruses or other destructive elements. CV makes no
warranty or representation regarding, and does not endorse, any linked
website, the information appearing thereon, or any of the products or
services described thereon. Links do not imply that CV or this Site
sponsors, endorses, is affiliated or associated with, or is legally
authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any linked site
is authorized to use any trademark, trade name, logo or copyright
symbol of CV or any of its affiliates or subsidiaries.
Changes
CV reserves the right to make any
change, terminate, suspend or discontinue this Site, the Information
and the programs, features, services or prices (if any) described in
this Site at any time in its sole discretion. CV may also impose
limits on certain features and services or restrict your access to all
or any part of the Site without notice or liability. CV may terminate
the authorization, rights and license given above and, upon such
termination, you shall immediately destroy all Information. In
addition, CV reserves the right, at its sole discretion, to change,
modify, add or remove any portion of these Terms and Conditions of Use
(including but not limited to the Privacy Policy provisions) in whole
or in part, at any time. Changes in these Terms and Conditions of Use
will be effective when notice of such change is posted on the Site.
Your continued use of the Site after any changes to these Terms and
Conditions of Use are posted will be considered acceptance of those
changes.
International Users and Legal Enforcement
This Site is controlled, operated and
administered by CV from its offices within the State of Georgia,
United States of America. CV makes no representation that Information
is appropriate or available for use at other locations outside of the
United States and access to it from territories where its contents are
illegal is prohibited. You may not use the Site or export the
Information in violation of U. S. export laws and regulations. If you
access this Site from a location outside of the United States, you are
responsible for compliance with all local laws. These Terms and
Conditions of Use shall be governed by the laws of the State of
Georgia, without giving effect to its conflict of laws provisions.
These Terms and Conditions of Use
constitute the entire agreement between CV and you with respect to
your use of the Site. If for any reason a court of competent
jurisdiction finds any provision of the Terms and Conditions of Use or
portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the
Terms and Conditions of Use, and the remainder of these Terms and
Conditions of Use shall continue in full force and effect.
Information Provided By You
CV does not want you to, and you should
not, send any confidential or proprietary information to CV via the
Site. You agree that any information or materials that you or
individuals acting on your behalf provide to CV will not be considered
confidential or proprietary. By providing any such information or
materials to CV, you grant to CV an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, display, publicly
perform, transmit and distribute such information and materials, and
you further agree that CV is free to use any ideas, concepts or
know-how that you or individuals acting on your behalf provide to CV.
You further recognize that CV does not want you to, and you warrant
that you shall not, provide any information or materials to CV that
are defamatory, threatening, obscene, harassing, or otherwise
unlawful, or that incorporate the proprietary material of another.
All consumer reviews, information,
communications, ideas, concepts, discoveries and inventions you post
on or transmit via the Site will become the property of CV. By
submitting a review of a member company (a “Review”) to the Site, you
automatically grant to CV, a royalty-free, worldwide, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, display, translate and distribute such Review
(in whole or in part) and/or to incorporate it in other works in any
form, media or technology now known or later developed, and to permit
any other user of the Site to access, view, store or reproduce the
Review for that user's personal use. In addition, CV shall have the
right to use and post the name you submit with your Review in
connection with such Review.
CV shall have the right,
but not the obligation, to monitor the Reviews to determine your
compliance with these Terms and Conditions of Use, with any other
agreements regarding use of CV’s facilities or resources, with any
operating rules established by CV, and to satisfy any law, regulation
or government request. CV shall have the right, in its sole
discretion, to edit, refuse to post or to remove any Review submitted
to or posted on the Site.
By submitting a Review,
you represent and warrant that you own or otherwise control all rights
in and to the content of such Review, that the content represents your
opinion, that use of your Review by CV will not violate these Terms
and Conditions of Use and that you will indemnify, defend and hold
harmless CV for any and all claims arising from or related to your
Review.
Privacy
CV is sensitive to privacy issues on
the Internet. We believe it is important you know how we treat the
information we receive about you via our Site. We provide this
explanation about our online information practices as a show of our
commitment to protecting your privacy.
In general, you can
visit the Site without telling us who you are or revealing any
information about yourself. We may automatically gather general
statistical information about the Site and visitors, such as IP
addresses, browsers, pages viewed, number of visitors, etc., but in
doing so we do not reference you by name, e-mail address, physical
address, or telephone number. We use this data in the aggregate to
determine how much our visitors use parts of the Site so we can
improve the Site. We may provide this statistical information to
third parties, but when we do so we do not provide
personally-identifying information without your permission. We may
also use your IP address to help diagnose problems with our server and
to manage the Site.
Cookies
are small text files that our Site can send to your browser for
storage on your hard drive. Cookies can make your use of our Site
easier by saving your status and preferences upon visits to our Site.
The cookies are refreshed every time you enter the Site. Rejection of
cookies will not interfere with your ability to interact with our
Site.
If you choose to contact us via e-mail,
you give us authorization to use that information to respond to your
inquiry. In general, we do not sell, rent, share or in any
other way divulge personally-identifying information collected during
your use of the Site to third parties without your permission.
However, we may also use your personally-identifying information to
improve our marketing and promotional efforts, to statistically
analyze usage of the Site, to improve our content and to customize the
Site’s content, layout, and services.
We may also
use your e-mail address, to contact you regarding administrative
notices, new product offerings and communications relevant to your use
of the Site. You can opt out of all e-mail communications by
sending a blank e-mail to optout@consumervoted.org.
We may also use or disclose
information to resolve disputes, or investigate problems. At times,
we may review the status or activity of multiple users to do so. We
may disclose or access information whenever we believe in good faith
that the law so requires, or if we otherwise consider it necessary to
do so to maintain service and improve our Site.
Security
We employ reasonable, current security methods
to prevent unauthorized access, maintain data accuracy, and ensure
correct use of information. However, whenever you voluntarily
disclose personal information online, that information can be
collected and used by others. No data transmission over the Internet
or any wireless network can be guaranteed to be perfectly secure. As
a result, while we try to protect your personal information, we cannot
ensure or guarantee the security of any information you transmit to
us, and you do so at your own risk.
Children Under 13
We have no way of distinguishing the age of individuals who access
Site, and so we enforce the same Terms and Conditions of Use
(including our privacy policy provisions) for individuals of all ages.
If a child has provided us with personally-identifying information
without parental or guardian consent, the parent or guardian should
contact us to remove the information from our database and opt out of
promotional opportunities.
© 2004 by ConsumerVoted.Org, LLC. All rights reserved.