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This is the official Terms of Use Agreement for www.ratemycop.com
This Site is offered and made available only to users 18 years of age or older who reside in the United States of America, its territories and possessions.
If
you are not yet 18 years old, or do not reside in the United States,
please discontinue using the Site immediately, or if for any reason,
you do not agree with all of the terms and conditions contained in this
agreement, please discontinue using the Site immediately because by
using or attempting to use the Site, you certify that you are at least
18 years of age and meet any other eligibility and residency
requirements of the Site.
1. REGISTRATION
We may require each user to have a unique user name and password
combination in order to access and use certain features or functions of
the Site and may also, from time to time, provide users with additional
codes or passwords necessary to access and use certain features or
functions of the Site. Please read our Privacy Policy,
which describes the personally identifiable information we collect,
use, disclose, manage and store. As part of the registration process
for the feature or function, you will choose a user name and password.
Your user name and password are personal to you and you may not allow
any others to use your user name or password under any circumstances.
We are not liable for any harm caused or related to the theft or
misappropriation of your user name or password, disclosure of your user
name or password, or your authorization of anyone else to use your user
name or password. You agree to immediately notify us if you become
aware of or believe there is or may have been any unauthorized use of
(or activity using) your user name or password or any other need to
deactivate your user name or password due to security concerns.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason
in our sole discretion, to change the terms of this Agreement. We will
post or display notices of material changes on the Site and we may also
e-mail you about these changes. Once we post them on the Site, these
changes become effective immediately and if you use the Site after they
become effective it will signify your agreement to be bound by the
changes.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text,
images, photographs, illustrations, audio and video material, artwork,
graphic material, databases, proprietary information and all
copyrightable or otherwise legally protectible elements of the Site,
including, without limitation, the selection, sequence and 'look and
feel' and arrangement of items, and all trademarks, service marks and
trade names are the property of RATEMYCOP.COM, and their Affiliates,
and any of their successors and assigns, and any of their respective
licensors, Advertisers (as defined below), suppliers, and operational
service providers and are legally protected, without limitation, under
U.S. Federal and State, as well as applicable foreign laws, regulations
and treaties. Unless the context clearly requires otherwise or we
explicitly say so in writing, the term "Site" includes "Material" as
well. The Site is to be used solely for your noncommercial,
non-exclusive, non-assignable, non-transferable and limited personal
use and for no other purposes. You must not alter, delete or conceal
any copyright or other notices contained on the Site, including notices
on any Material you download, transmit, display, print or reproduce
from the Site. You shall not, nor will you allow any third party to
reproduce, modify, create derivative works from, display, perform,
publish, distribute, disseminate, broadcast or circulate to any third
party (including, without limitation, on or via a third party website),
or otherwise use, any Material without the express prior written
consent of RATEMYCOP.COM. Any unauthorized or prohibited use of any
Material may subject you to civil liability, criminal prosecution, or
both, under applicable federal, state and local laws.
We take protection of copyrights, both our own and others, very
seriously. We therefore employ multiple measures to prevent copyright
infringement over this Site and to promptly end any infringement that
might occur. If you believe that the Site contains elements that
infringe your copyrights please contact us.
4. ADVERTISING
From time to time, you may communicate with, receive communications
from, be re-directed to, interact with, or participate in or use the
services or obtain goods and services of or from, third parties such as
our advertisers, sponsors, or promotional partners as a result of your
use of the Site. All such communication, interaction and participation
is strictly and solely between you and such Advertisers and we shall
not be responsible or liable to you in any way in connection with these
activities or transactions.
5. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state,
national laws and regulations and, in some cases, international
treaties. You are solely responsible for all activities, acts and
omissions that occur in, from, through or under your user name or
password. You shall not use, allow, or enable others to use the Site,
or knowingly condone use of this Site by others, in any manner that is,
attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene,
pornographic,sexually explicit or sexually suggestive, racially,
culturally, or ethnically offensive, harmful, harassing, intimidating,
threatening, hateful, objectionable, discriminatory, or abusive, or
which may or may appear to impersonate anyone else
- affect us adversely or reflect negatively on us, the Site, our
goodwill, name or reputation or cause duress, distress or discomfort to
us or anyone else, or discourage any person, firm or enterprise from
using all or any portion, features or functions of the Site, or from
advertising, linking or becoming a supplier to us in connection with
the Site;
- send or result in the transmission of junk e-mail, chain letters,
duplicative or unsolicited messages, or so-called "spamming" and
"phishing";
- be used for commercial or business purposes, including, without
limitation, advertising, marketing or offering goods or services,
whether or not for financial or any other form of compensation or
through linking with any other website or webpages;
- transmit, distribute or upload programs or material that contain
malicious code, such as viruses, timebombs, cancelbots, worms, trojan
horses, spyware, or other potentially harmful programs or other
material or information;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws
regarding the transmission of technical data or software exported from
the United States), judicial or governmental order, any treaties or
violate or infringe upon any intellectual property rights, rights of
publicity or privacy, or any other rights of ours or of any other
person, firm or enterprise; gain unauthorized access to the Site, other
users' accounts, names, passwords, personally identifiable information
or other computers, websites or pages, connected or linked to the Site
or to use the Site in any manner which violates or is inconsistent with
the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features,
functions, operation or maintenance of the Site or the rights or use
and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete,
revise, view or display any material or information, whether personally
identifiable or not, posted by or concerning any other person, firm or
enterprise, in connection with their or your use of the Site, unless
you have obtained the express, prior permission of such other person,
firm or enterprise to do so.
6. POSTINGS Your comments, suggestions and
information are important to us. Portions of this Site may provide you
and other users an opportunity to participate in forum services, web
communities and other message and communication facilities and may
provide you with the opportunity, through such Communities or
otherwise, to submit, post, display, transmit and/or exchange
information, ideas, opinions, photographs, images, video, creative
works or other information, messages, transmissions or material to us,
the Site or other users. You understand, acknowledge and agree that
such Postings are the sole responsibility of the person from which such
Postings originated. This means that you, the user, and not this Site,
are entirely responsible for the consequences of all Postings that you
upload, post, email, transmit or otherwise make available via the Site.
Postings do not reflect the views of the Site, RATEMYCOP.COM, or the
Affiliates. We do not monitor, endorse, edit or screen any Postings,
although we reserve the right to do so, nor shall we be liable for any
Posting that is in violation of this Agreement. In no event shall the
Site, RATEMYCOP.COM, or any of their Affiliates have or be construed to
have any responsibility or liability for or in connection with any
Posting whatsoever; however, if we determine, in our sole discretion
and judgment, that any Posting does or may violate any of the terms of
this Agreement, we reserve the right, at any time and without limiting
any and all other rights we may have under this Agreement, at law or in
equity, to: (a) refuse to allow you to Post; (b) remove and delete
Postings; (c) revoke your right to use the Site; and/or (d) use any
technological, legal, operational or other means available to us to
enforce the provisions of this Agreement, including, without
limitation, blocking specific IP addresses or deactivating your
registration on the Site.
If a Posting originates from you or your account, you hereby agree
that: (a) you are placing the Posting in the public domain without
reservation of any rights or further control over the Posting or its
use and you specifically authorize the Site, RATEMYCOP.COM, and their
Affiliates to use such Posting in whole or in part, throughout the
universe, in perpetuity in or on any and all media, now known or
hereafter devised, and alone or together or as part of other
information, content and/or material of any kind or nature; (b) you
represent and warrant that (i) the Posting is original to you or fully
cleared for use as contemplated herein, (ii) the Posting does and will
not, in any way, violate or breach any of the terms of this Agreement,
(iii) the Posting does not contain libelous, tortious, or otherwise
unlawful information, infringe or violate any copyright or other right,
or contain any matter the publication or sale of which will violate any
federal or state statute or regulation, (iv) the Posting is not obscene
or in any other manner unlawful, (v) the Posting shall not be injurious
to the health of the user, and (vi) we shall not be required to pay or
incur any sums to any person or entity as a result of our use or
exploitation of the Posting; (c) if your Posting incorporates the name,
logo, brand, service or trademark, voice, likeness or image of any
person, firm or enterprise, you specifically represent and warrant that
you have the right to place such Posting in the public domain and grant
the Site, RATEMYCOP.COM, and their Affiliates the right to use such
Posting as described above; and (d) we have the right to delete,
re-format and/or change your Posting in any manner that we may
determine (although you will not be responsible for any such changes
made).
The amount of storage space on the Site per user is limited. Some
Postings may not be processed due to space constraints or outbound
message limitations. You understand, acknowledge and agree that we
assume no responsibility for deletion of Postings or any failure to
store, receive or deliver Postings in a timely manner or any other
matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post in any
manner which does or is intended to promote or generate revenue for any
business enterprise or commercial activity.
7. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, RATEMYCOP.COM, the Affiliates or the Site's
operational service providers, suppliers, and Advertisers, may conduct
promotions on or through the Site, including, without limitation,
auctions, contests and sweepstakes. Each Promotion may have Additional
Terms and/or Rules which will be posted or otherwise made available to
you and, for purposes of each Promotion, will be deemed incorporated
into and form a part of this Agreement.
8. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks
referenced or included anywhere on the Site or any other form of link
or re-direction of your connection to, with or through the Site, does
not constitute an endorsement by, nor does it incur any obligation,
responsibility or liability on the part of the Site, RATEMYCOP.COM or
any of their Affiliates, any of their successors and assigns, and any
of their respective officers, directors, employees, agents,
representatives, licensors, Advertisers, suppliers, and operational
service providers. We do not verify, endorse, or have any
responsibility for, any such third party sites, their business
practices (including their privacy policies), or any goods or services
associated with or obtained in connection with any such site, whether
the Site's, RATEMYCOP.COM's, ' or any of their Affiliates' logo or
sponsorship identification is on the third party site as part of a
co-branding or promotional arrangement. If any third party site obtains
or collects Personal Information from you, in no event shall we assume
or have any responsibility or liability. Please read our Privacy Policy, which describes how RATEMYCOP.COM collects and uses your Personal Information and co-branding relationships.
9. DEACTIVATION/TERMINATION OF YOUR REGISTRATION
You may deactivate your account on the Site, at any time and for any reason, by Contact Us.
We may terminate your use of and registration on the Site, at any time
and for any reason, with or without cause, without prior notice to you
and without any liability or further obligation of any kind whatsoever
to you or any other party.
10. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE
THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES,
FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
Without limiting the foregoing, we are not responsible or liable for
any malicious code, delays, inaccuracies, errors, or omissions arising
out of your use of the Site. You understand, acknowledge and agree that
you are assuming the entire risk as to the quality, accuracy,
performance, timeliness, adequacy, completeness, correctness,
authenticity, security and validity of any and all features and
functions of the Site, including, without limitation, Postings and
Materials associated with your use of the Site.
YOU UNDERSTAND AND
AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE,
RATEMYCOP.COM, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS,
ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE,
OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE
OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,
COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE
DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is
provided in this Agreement may or does fail of its essential purpose,
you specifically acknowledge and agree that your sole and exclusive
remedy for any loss or damage shall be to have the Parent Companies,
upon written notice from you to us, attempt to repair, correct or
replace any deficient goods or services under this Agreement and, if
repair, correction or replacement is not reasonably commercially
practicable for the Parent Companies, to refund any monies actually
paid by you for the Products involved and to terminate and discontinue
your use of the Site. You further understand and acknowledge the
capacity of the Site, in the aggregate and for each user, is limited.
Consequently some messages and transmissions may not be processed in a
timely fashion or at all, and some features or functions may be
restricted or delayed or become completely inoperable. As a result, you
acknowledge and agree that the Parent Companies assume no liability,
responsibility or obligation to transmit, process, store, receive or
deliver transactions or Postings or for any failure or delay associated
with any Postings and you are hereby expressly advised not to rely upon
the timeliness or performance of the Site for any transactions or
Postings. Some jurisdictions do not allow for the exclusion of certain
warranties or certain limitations on damages and remedies, accordingly
some of the exclusions and limitations described in this Agreement may
not apply to you.
11. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, RATEMYCOP.COM, and
any of their Affiliates, or any of their successors and assigns, and
any of their respective officers, directors, employees, agents,
representatives, licensors, Advertisers, suppliers, and operational
service providers harmless from and against any and all claims,
actions, losses, expenses, damages and costs (including reasonable
attorneys' fees), resulting from any breach or violation of this
Agreement by you, or public posting of your Postings.
12. PRIVACY
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy,
for important information and disclosures relating to the collection
and use of your Personal Information in connection with your use of the
Site.
13. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, our Privacy Policy,
and any other regulations, procedures and policies which we refer to
and which are hereby incorporated by reference, contains the entire
understanding and agreement between you and the Site and supersedes any
and all prior or inconsistent understandings relating to the Site and
your use of the Site. This Agreement cannot be changed or terminated
orally. If any provision of this Agreement is held to be illegal,
invalid or unenforceable, this will not affect any other provisions and
the Agreement will be deemed amended to the extent necessary to make it
legal, valid and enforceable. Any provision which must survive in order
to allow us to enforce its meaning shall survive the termination of
this Agreement; however, no action arising out of this Agreement or
your use of the Site, regardless of form or the basis of the claim, may
be brought by you more than one (1) year after the cause of action has
arisen (or if multiple causes, from the date the first such cause
arose).
This Agreement and your use of the Site is governed by, construed and
enforced in accordance with the internal substantive laws of the State
of California (notwithstanding the State's conflict of laws provisions)
applicable to contracts made, executed and wholly performed in New
York, and, for the purposes of any and all legal or equitable actions,
you specifically agree and submit to the exclusive jurisdiction and
venue of the State and Federal Courts situated in the State and County
of Los Angeles and agree you will not object to such jurisdiction or
venue on the grounds of lack of personal jurisdiction, forum non
conveniens or otherwise. To the extent it may be applicable, you agree
to opt out from and expressly exclude any applicability of the Uniform
Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING
COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS
AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER
HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER
POSSESS TO A TRIAL BY JURY.
This Terms of Use Agreement is effective immediately.
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