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Terms of use

We will always respect your private information, and will never sell it to any third-party for any purposes. Also, your password is encrypted with the best possible modern techniques.

This Agreement constitutes ConsumerTreehouse.com's policy for acceptable use of the ConsumerTreehouse Services and Content posted on the ConsumerTreehouse Website, your rights, obligations and restrictions regarding your use of the ConsumerTreehouse Services and ConsumerTreehouse.com's Privacy Policy. In order to participate in certain ConsumerTreehouse Services, you may receive a notice that you must download content or software and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the ConsumerTreehouse Services in which you decide to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@ConsumerTreehouse.com, Subject: Terms of Use Agreement. Some Services may be subject to additional posted conditions.

ConsumerTreehouse.com may modify this Agreement from time to time and such modification shall be effective upon its posting by ConsumerTreehouse.com on the ConsumerTreehouse Website. You agree to be bound to any such changes to this Agreement when you use the ConsumerTreehouse Services after any such modification has been posted. Thus, you should review this Agreement regularly to ensure you are updated as to any changes that may have been made. In the event of any inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall be controlling.

Please carefully select the information you post on ConsumerTreehouse.com. Your ConsumerTreehouse.com postings may not include the following: telephone numbers, addresses, last names, and any photographs containing nudity, or obscene, lewd, violent, harassing, explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other ConsumerTreehouse.com Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ConsumerTreehouse.com assumes no responsibility or liability for this material. ConsumerTreehouse.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the ConsumerTreehouse Services at any time, for any reason or no reason at all, with or without prior notice, and without any liability. ConsumerTreehouse expressly reserves the right to remove your posting and/or restrict, suspend, or terminate your access to any part of ConsumerTreehouse Services if ConsumerTreehouse determines, in its sole discretion, that you pose any kind of threat to ConsumerTreehouse and/or its Users.

Your use of our Internet sites and/or any of the products or services offered on such sites (collectively, the "Services") is subject to these Terms of Use (these "Terms"). ConsumerTreehouse.com may modify these Terms at any time without notice by posting such revised Terms on our Internet sites. Your use of our Internet sites constitutes your binding acceptance of these Terms including any modifications we make thereto.

We have the right, but not the obligation, to take any of the following actions in our sole discretion for any reason whatsoever and at any time without prior notice:

1. Change, suspend, or discontinue any part of or all of our Services;
2. Restrict, suspend, or terminate your access to any part of or all of our Services;
3. Reject, move, or remove any content that is available on our sites;
4. Reject, move, or remove any material that you submit to our sites for any reason;
5. Deactivate or delete your accounts and all information and/or files related thereto;
6. Establish general practices and limits concerning use of our sites.
7. Amend such general practices and limits concerning use of our sites from time to time.

You agree that we will not be liable to you or to any third party for taking any of the actions set forth herein. You understand and agree that our Services may include communications, including without limitation announcements regarding service and administrative messages from us and/or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving such messages and/or announcements. You also understand that our Services may include advertisements.


Content

Our sites include a combination of content that we, our partners and our users create. All materials published on our sites, including without limitation written content, graphic art, photos, images, illustrations, trademarks, servicemarks, logos, sound and/or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you post, upload, e-mail, transmit or make available on our sites by other means ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transmit, transfer, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium or technology now known or hereafter developed.

Our site contains content created by us and by third parties that includes product reviews and other reviews. This content also includes information about products and services offered by parties other than CONSUMERTREEHOUSE.COM, such as descriptions, specifications, availability, pricing and performance. We do not guarantee the accuracy, quality, or integrity of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites. You may be exposed to content that you find objectionable, indecent or offensive or that is inaccurate, and you bear all risks associated with using such content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is objectionable in another manner.


Third-Party Sites, Products and Services

Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on such sites. Our inclusion on our sites of any third-party content or a link to a third party site is not an endorsement of such third party site or content.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and delivery of goods transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any damage or loss of any kind incurred as the result of any of your transactions with third parties. Any questions, claims or complaints related to any product or service should be directed to the vendor of such product or service.


Privacy

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. See our Privacy Policy below.


Conduct

If we request registration information from you, you will provide us with true, accurate, up-to-date and complete information. You will promptly update your registration to keep it accurate, up-to-date and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our sites and the Services is the property of CONSUMERTREEHOUSE.COM, our affiliates and/or our partners. You agree not to copy, rent, modify lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the underlying software of our sites in any manner or form or to use modified versions of such software, including without limitation for the purpose of obtaining unauthorized access to such sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Stalk, defame, abuse, harass, threaten or otherwise violate the legal rights of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written authorization;
5. Transmit surveys, contests, chain letters, spam, unsolicited advertising or promotional materials or pyramid schemes;
6. Restrict or inhibit any other user from using and enjoying any public area within our sites;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other materials;
8. Download any file that you know or should reasonably know cannot be legally obtained in such manner;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, networks or servers;
11. Impersonate any person or entity, including, but not limited to, a CONSUMERTREEHOUSE.COM representative;
12. Falsify or otherwise misrepresent your affiliation with a person or entity;
13. Forge identifiers and/or headers or other data in order to conceal the origin of any content transmitted through our sites or to manipulate your presence on our sites;
14. Take any action that imposes an unreasonably or unduly large load on our infrastructure;
15. Engage in any illegal activities whatsoever;
16. To conduct any unauthorized access to our sites whatsoever.

You agree to use our bulletin board services, news groups, chat areas, forums, communities and/or message or communication facilities (collectively, the "Forums") only for sending and receiving messages and material that are proper and related to such particular Forum.

If you choose a username that in our sole discretion we deem indecent, obscene or offensive or that might otherwise subject us to public scolding or scorn, we reserve the right without prior notice to automatically change your username, delete your posts from our sites, deny you access to our sites or any combination of the aforementioned.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is directly provided by CONSUMERTREEHOUSE.COM for such use. You agree not to use any automated means including without limitation agents, spiders, scripts or robots, to access, monitor or copy any part of our sites, except those automated means that we have approved in advance in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and/or law-enforcement requests or requirements relating to your use of our sites.


Removal Requests

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.


Indemnification

You hereby agree to indemnify, defend and hold CONSUMERTREEHOUSE.COM and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners and licensors (collectively, the "CONSUMERTREEHOUSE.COM Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any CONSUMERTREEHOUSE.COM Party in connection with any claim, including without limitation claims for defamation, violation of rights of publicity and/or privacy, copyright infringement and/or or trademark infringement arising out of:

1. Your use of our sites;
2. The content, the quality or the performance of content submitted by you to our sites;
3. Any use or alleged use of your accounts and/or your passwords by any person, whether or not authorized by you;
4. Your violation of these Terms;
5. Your connection to our sites; or
6. Your violation of the rights of any other person or entity.

At our expense we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of any such claims.


Disclaimers

We disclaim any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information and/or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information and/or material on the Internet using search results from our sites. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and electrical power providers), computer viruses, natural disasters or other destruction or damage of our facilities, civil disturbance, war, acts of nature or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE WITHOUT ERROR OR UNINTERRUPTED. ALSO, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL POTENTIAL DAMAGES TO YOUR COMPUTER HARDWARE, SOFTWARE AND/OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERROR, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE AND TRUSTWORTHY, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OF OUR SITES.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.


Arbitration

CONSUMERTREEHOUSE.COM may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect the rights or the property of you or of CONSUMERTREEHOUSE.COM (or its agents, suppliers, and subcontractors), pending the completion of arbitration.


Miscellaneous Terms

We may be required by federal or state law to notify you of certain occurrences. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or by delivering them to you via e-mail. You may update your e-mail address by visiting the Services where you have provided your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting CONSUMERTREEHOUSE.COM at notices@consumertreehouse.com.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and CONSUMERTREEHOUSE.COM and govern your use of our sites, superseding any prior agreements that you may have with us.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Los Angeles, California if seeking interim or preliminary relief or enforcement of an arbitration award.

 


 


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