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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