Welcome to the ConsumerSearch.com website. ConsumerSearch.com is provided by ConsumerSearch, Inc. subject to your compliance with the terms and conditions set forth below (the "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CONSUMERSEARCH.COM WEBSITE. BY ACCESSING OR USING CONSUMERSEARCH.COM, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE CONSUMERSEARCH.COM. THE RIGHT TO USE CONSUMERSEARCH.COM IS, FOR YOU, PERSONAL, AND CANNOT BE TRANSFERRED TO ANY OTHER PERSON OR ENTITY.
CONSUMERSEARCH, INC. MAY MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A MODIFIED VERSION AT CONSUMERSEARCH.COM. IF YOU DO NOT WISH TO BE BOUND BY THE MODIFIED AGREEMENT, YOU MAY CANCEL THE AGREEMENT BY SENDING US NOTICE OF TERMINATION TO THE E-MAIL OR POSTAL MAIL ADDRESS IDENTIFIED IN SECTION 12 BELOW. UNLESS AND UNTIL WE RECEIVE SUCH NOTICE, YOUR CONTINUED ACCESS OR USE OF CONSUMERSEARCH.COM FOLLOWING POSTING OF THE MODIFIED AGREEMENT SHALL BE DEEMED YOUR ACCEPTANCE THEREOF. CONSUMERSEARCH.COM SHALL ALSO HAVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF CONSUMERSEARCH.COM, INCLUDING, BUT NOT LIMITED TO, ALL OF ITS CONTENT, AND ITS HOURS OF AVAILABILITY.
ConsumerSearch.com is an interactive online service on the World Wide Web portion of the Internet, owned and operated by ConsumerSearch, Inc. ("ConsumerSearch"), and consisting of independent reviews and evaluations based on our judgement of work of third party experts across multiple categories, as well as presentations where consumers can obtain conclusions, recommendations, or suggestions about what products or services are either 'best bets', 'top-rated', 'suggested', or in some way 'recommended', and rankings of third party reviews and other information sources across multiple categories. "Content" means the evaluations, presentations, rankings, reviews, other information, advertisements, chat room discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from any of the services contained on ConsumerSearch.com, whether such Content is owned by ConsumerSearch or third parties. "User" means each person who establishes or accesses a connection for access and for use of ConsumerSearch.com.
(A) User shall use ConsumerSearch.com for lawful purposes only. User shall not post or transmit through ConsumerSearch.com any material which violates or infringes in any way upon the rights of others (including intellectual property rights), which is unlawful, threatening, abusive, defamatory, harassing, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ConsumerSearch's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in ConsumerSearch's discretion restricts or inhibits any other User from using or enjoying ConsumerSearch.com will not be permitted. User shall not use ConsumerSearch.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with ConsumerSearch.com.
ConsumerSearch includes a blog with a User comments section which allows Users to post information, provide feedback to ConsumerSearch and its affiliates, and interact in real-time. Users will be responsible for, and indemnify and hold harmless ConsumerSearch, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that they post or transmit. Although ConsumerSearch and its affiliates may from time to time monitor or review discussions, postings, transmissions, bulletin boards and other User and member generated pages on ConsumerSearc.com, neither ConsumerSearch nor its affiliates is under any obligation to do so. Users acknowledge that ConsumerSearch and its affiliates do not control the information available in the blog comments section, bulletin boards, and other User generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any blog comments section, bulletin board or on any other User generated pages are those of their respective authors who are solely liable for their content. ConsumerSearch and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the User comments section, bulletin boards or on any other User generated pages.
(B) ConsumerSearch.com contains copyrighted material, trademarks of ConsumerSearch as well as third parties and other proprietary information, including, but not limited to, the Content, and this Content is protected under the United States copyright laws and international laws and treaties. ConsumerSearch owns all rights in the preparation, selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to ConsumerSearch.com. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the Content, in whole or in part. User may download the Content for User's non-commercial personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ConsumerSearch and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on ConsumerSearch.com any material in violation of any copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to ConsumerSearch.com, User automatically grants and warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants ConsumerSearch the right to edit, copy, publish and distribute any material made available on ConsumerSearch.com by User.
(A) USER EXPRESSLY AGREES THAT USE OF CONSUMERSEARCH.COM IS AT USER'S SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. CONSUMERSEARCH.COM IS PROVIDED ON AN "AS IS "AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
(B) NEITHER CONSUMERSEARCH, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CONSUMERSEARCH.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CONSUMERSEARCH.COM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH CONSUMERSEARCH.COM. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.
(C) IN NO EVENT WILL CONSUMERSEARCH, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CONSUMERSEARCH.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE CONSUMERSEARCH.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CONSUMERSEARCH.COM. IN ANY EVENT, CONSUMERSEARCH'S MAXIMUM TOTAL LIABILITY TO USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE PRICE, IF ANY, PAID BY USER FOR ACCESS TO CONSUMERSEARCH.COM OR 25 DOLLARS ($25.00).
(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. CONSUMERSEARCH SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT CONSUMERSEARCH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(E) CONSUMERSEARCH DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON CONSUMERSEARCH.COM TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. CONSUMERSEARCH IS NOT AFILIATED WITH, OR SPNSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING CONSUMERSEARCH.COM.
ConsumerSearch shall have the right, but not the obligation, to monitor the Content of ConsumerSearch.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ConsumerSearch, and to satisfy any law, regulation or authorized government request. ConsumerSearch shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on ConsumerSearch.com. Without limiting the foregoing, ConsumerSearch shall have the right to remove any material that ConsumerSearch, in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable.
User agrees to defend, indemnify and hold harmless ConsumerSearch, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, based upon or arising out of the use of ConsumerSearch.com by User.
Either ConsumerSearch or User may terminate this Agreement, and the right to access ConsumerSearch.com, at any time. The provisions of Sections 2(B), 2(C), 3, 5, 7, 9 and 10 shall survive termination of this Agreement.
is a registered Service Mark with the U.S. Patent and Trademark Office; ConsumerSearch is a pending trademark, and ConsumerSearch.com is intellectual property owned by ConsumerSearch, Inc. All rights reserved. All other trademarks appearing on ConsumerSearch.com are the property of their respective owners.
This Agreement and any operating rules for ConsumerSearch.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by ConsumerSearch for any violation of ConsumerSearch's proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be New York, New York, USA.