[Effective Date: April 8, 2016]
BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF NOT, PLEASE DO NOT USE OR ACCESS OUR WEBSITE.
1. Privacy Statement Incorporated. We have posted a Privacy Statement which governs data collection, storage and use. This Statement is incorporated into these Terms. We encourage you to review the Statement.
2. Changes to Our Website. You agree and understand that our Website including, all content and sponsored content , may be modified or discontinued at any time, in our sole discretion, without prior notice. All changes are subject to these Terms.
3. Ownership of Intellectual Property. All text, graphics interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (collectively “Content”) published on the Website is protected by applicable intellectual property laws and is owned or licensed by comparisons.org or its licensors. You may not modify, create a derivative work, display, distribute, or exploit, in whole or in part, any of the Content or software contained on, or comprising, our Website without seeking prior written permission from us. You are restricted from using any automated or manual device or process to copy, monitor, index or data mine the Website. Comparisons.org, its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of Comparisons.org and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. Nothing in these Terms shall be deemed to grant to you any license or right in or to any other proprietary right of ours pertaining to the products sold on and through our Website.
3. License to Use and Copy. We grant you a limited license to make personal use of content on our Website. This license does not include: (a) any resale or commercial use of content on our Website; (b) the collection and use of any product listing or description on our Website; or (c) use of any data mining, robots, or similar data gathering and extraction methods on our Website.
4. Restrictions on Your Use of our Website. Without limiting the generality of any other provisions of these Terms, you agree you shall not: (i) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of our Website or Content; (ii) remove any copyright, trademark or other proprietary rights notice contained in or on our Website; (iii) use any robot, spider, search application, or other device to retrieve or index any portion of our Website; (iv) transmit or upload to our Website any software or code containing any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade the performance of our Website or any computer utilized to access our Website; (v) use our Website to intentionally or unintentionally, violate any applicable local, state, federal or international law; or (vi) collect or store personal or non-personal data about others in connection with our Website.
5. DMCA Notice. If you believe that any item or content on our Website infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
5.1. A description of the copyrighted work that you claim has been infringed;
5.2. A description of where the alleged copyrighted work is located on our Website;
5.3 Your name, address, telephone number and email address;
5.4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5.5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
5.6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent may be reached at the following address:
Copyright Agent: 8880 Rio San Diego Drive 8th Fl Rio Vista Tower PMB# 805, San Diego, CA 92108
6. DISCLAIMER. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH OUT WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
7. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION
9. Disclaimer of Advertisements and Links to Third Party Website. We may display advertisements from third parties on our Website. These advertisements may be in the form of a sponsored content article, banner, link, pop-under or pop-up ad. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements or any click through or linked website. We are paid only for the display of the advertisement and the display or link does not represent or imply that we endorse such products, services or Website. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE OR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS OR WEBSITE.
10. CLASS ACTION WAIVER AND BINDING ARBITRATION.
10.1. ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE AND THE PRODUCTS ADVERTISED THEREON (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM ADVERTISING ON OUR WEBSITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS.
10.2. If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed 8880 Rio San Diego Drive 8th Fl Rio Vista Tower PMB# 805 San Diego, CA 92108. It must be addressed to the attention of Legal Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
10.3. All arbitrations required by these Terms will be conducted under the rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under these Terms may be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless we and you agree otherwise, the arbitrator may not consolidate your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
10.4. In the event that you commence arbitration in accordance with these Terms, We will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Requests for payment of fees should be submitted by mail to the AAA along with your Demand for Arbitration and We will make arrangements to pay the necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon by Us. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes pertaining to payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
10.5. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A CLASS REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR OUR WEBSITE INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE, OUR ADVERTISEMENTS AND DISCLOSURES, EMAIL OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF OUR PRODUCTS OR SERVICES. THIS SECTION 14 WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND US.
15. ELECTRONIC SIGNATURE.
15.1. You acknowledge and agree that by clicking on the submit button and requesting services through our website, you have accepted the terms and conditions of this Agreement. Your electronic signature on agreements and documents has the same effect as if you signed them in ink. You agree that you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by this Agreement and all terms contained therein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 ("E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY US. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
15.3 This consent applies to: (1) your use of products and services offered by us; (2) all future Disclosures associated with us; and (3) all future transactions with us, at any time, and to other Disclosures that we provide to you by email, unless you have, prior to such transaction, withdrawn your consent.
15.4 You may withdraw your consent to receive electronic Disclosures by writing to us, but it will be effective only after we have a reasonable period of time to process your withdrawal. You also agree that if you withdraw your consent we may cancel your account.