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Terms Of Use
RATINGHQ.COM TERMS OF USE RATINGHQ.COM and its subsidiaries, affiliates, officers, employees and agents (collectively, “we,” “our,” “us” or the "Company”) are dedicated to providing a satisfying experience for everyone who wants to use www.RATINGHQ.COM and any of our affiliated websites (collectively, our "websites"). To do this, we need to establish certain terms and conditions (the "Terms of Use") to which all users of our websites (“you,” “your” or the “users”) must agree in order to use our websites. By accessing our Websites, you agree to be bound, without limitation or qualification, by these Terms of Use. If you do not accept any or all of these Terms of Use, do not use our websites. We reserve the right to modify or revise these Terms of Use at any time and at our sole discretion by updating this Web page. You are bound by any such modification or revision whether or not you had actual notice of it; therefore, we ask that you visit this page periodically to review the Terms of Use. 1. DESCRIPTION OF OUR WEBSITES Our websites consists of text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other content ("content") that is published, posted, uploaded, distributed, disseminated or otherwise made available (“posted”) to the general public. Our websites are dedicated to providing a means of organizing and displaying material created by third parties. Our websites content includes but is not limited to ratings, comments, discussions, and links to other services. The content conveyed by the site is the responsibility of the third party creators. We have no responsibility for such content and are merely providing access to such content as a service to you. The nature of the websites encourages open discussion, which may result in the automatic posting of offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases material that has been mislabeled or is otherwise deceptive. Users of our websites are expected to exercise caution, common sense, and proper judgment when viewing this content. 2. MEMBER ACCOUNT, PASSWORD AND SECURITY If you become a member of our community, you will receive a password and account designation upon completing registration process for our website. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. 3. OUR LICENSE TO YOU The content which you post on our websites is yours. You may remove it from our websites in its entirety, and at any time. The content on our websites is protected by copyright and other laws in both the United States and elsewhere. We hereby grant you a personal, non-transferable, non-sublicensable, non-exclusive right to access our websites and to download the content of our websites on a single computer, provided, that you do not (and do not allow any third party to) use, copy, modify, display, create a derivative work from, publicly perform, sublicense, distribute, transfer, assign, grant a security interest in, or otherwise use the content in any way for any public or commercial purpose without our prior express written permission, except for content that you have posted to our websites and as to which you have appropriate proprietary rights (“your content”). You agree not to access our websites by any means other than through the interface that is provided by us for use in accessing our websites. Special rules may apply to the use of certain software and other items provided on our websites. Any such special rules are listed as "Legal Notices" on our websites and are incorporated into this Agreement by reference. If you would like information about obtaining our permission to use any of the content on another website (other than your content), please state this request in an e-mail addressed to info@RATINGHQ.COM. ***If you violate any of the Terms of Use, your permission to use content (other than your content) is automatically terminated without any requirement that we give you notice of such termination. 4. YOUR LICENSE TO US We do not claim ownership of content you post to our websites (including through a Web link to another website). However, with respect to any content you post on our websites, you grant us a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, sublicense (including through multiple tiers of sublicensees), publicly perform and publicly display such content on our websites. This license exists only for as long as you elect to continue to include such content on our websites and will terminate at the time you remove or we remove such content from our websites. 5. YOUR CONDUCT You understand that all content posted on our websites is the sole responsibility of the person who posted such content. This means that you, and not the Company, are entirely responsible for all content that you post. We do not control the content posted on our websites and, as such, we do not guarantee the accuracy, integrity or quality of such content. You accept responsibility for your own communications on and participation with our websites. You agree to use our websites only in a manner that is legal, proper and related to the purposes of our websites. You agree not to: · Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. · Post any false, inappropriate, infringing, obscene or unlawful or defamatory content (including personal information of other users). · Post any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "rights"), unless you are the owner of the rights or have the permission of the owner to post or transmit such material. · Post any unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation of any kind. · Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of content that is posted. · Create alias identities to post multiple ratings or comments for an individual item on a ratings list. · Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the content (other than your content) or access to our websites. · Post any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. · Interfere or attempt to interfere with the proper working of our websites or any activities conducted on our websites. · Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (such as The New York Stock Exchange or NASDAQ), and any regulations having the force of law. · Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States Government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. · Collect or store personal data about other users (including email addresses) without their consent. 6. OUR RIGHT TO REMOVE YOUR CONTENT Notwithstanding our lack of responsibility for posted content, if we discover content that allegedly does not conform to these Terms of Use, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. We will have no liability or responsibility for performance or non-performance of such activities. We reserve, and you expressly agree to our right to remove any content posted by you for any reason whatsoever. 7. OUR RIGHT TO TERMINATE YOUR ACCESS TO OUR WEBSITES You agree that we may, under certain circumstances and without prior notice, immediately terminate your account on our websites, any associated email address, and access to the websites. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to our websites (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with our websites. Termination of your account includes (a) removal of access to websites and any content posted on the websites, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of our websites. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the websites. 8. ADVERTISING Regardless of the medium of the content, for so long as any content you post remains posted on our websites, you agree that we may allow advertising of any nature alongside such content, and waive any right you might have to consent or object to such advertising, including without limitation, the right to assert any copyright, trademark right or other proprietary right. Furthermore, you agree that you will not attempt to obstruct, undermine or interfere with such advertising. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the websites. 9. DISCLAIMER OF WARRANTIES; LIMITATIONS ON OUR LIABILITY The content on our websites are provided "as is," and on an “as available” basis, without any warranties of any kind. We disclaim all warranties, whether express, implied or statutory, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability, completeness, timeliness, or statistical significance of the content or that the content will meet your requirements or expectations. Moreover, we do not warrant that our websites will operate error-free, that access to our websites will not be interrupted or that our websites or its server(s) are free of computer viruses or other harmful items. Your use of our websites is at your own risk. If you are dissatisfied with any of the content of our websites, or with these Terms of Use, or with our Privacy Policy or other policies, your sole remedy is to discontinue use of our websites and/or to remove any content you have posted to our websites. If your use of our websites or the material results in the need for servicing or replacing equipment or data, we are not responsible for those costs. Third parties provide much of the content on our websites and we shall not be held responsible for such content, whether it comes from users of our websites, advertisers on our websites or any other third party. We make no claims that the content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United States. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access the websites from outside of the United States, you are responsible for compliance with the laws of your jurisdiction. You expressly understand that in no event shall we be liable to you or any third party for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special, punitive, exemplary or lost profits) resulting from the use or inability to use our websites or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this Section 9 may not apply to you. 10. RELEASE If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, partners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. 11. INDEMNITY You agree to defend, indemnify, and hold harmless the Company, our officers, directors, employees, agents, affiliates, licensors and partners from and against any claims, damages, awards, or expenses (including without limitation reasonable attorneys’ and accounting fees) resulting from any claim, suit, or proceeding or our defense of the same alleged upon or resulting from (in whole or in part) your Posting or use of content on our websites, your access to our websites or your breach of these Terms of Use. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. 12. PRIVACY POLICY Registration data and certain other information about you is subject to our privacy policy (“Privacy Policy”). For more information, see our full Privacy Policy at www.RATINGHQ.COM/******. You understand that through your use of our websites, you consent to our collection and use (as set forth in the Privacy Policy) of this information, including our transfer of this information to the United States and/or other countries for storage, processing and use by us. You acknowledge, consent and agree that we may access, preserve and disclose your account information and any content that you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any Content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property or personal safety of the Company, its users and the public. 13. PUBLIC NATURE OF OUR WEBSITE You understand and acknowledge that users can visit our websites from locations all over the world without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in comments that are posted on our websites. Generally, any communication that you post as a comment on our websites (or through any third party service that may be linked to or in any other manner related to our websites) is considered to be non-confidential. The limit of the privacy protection afforded to users of our websites is stated in our Privacy Policy. 14. NO LIABILITY FOR CONTENT We do not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any content posted on our websites. You acknowledge that any reliance on material posted on our websites will be at your own risk. We cannot monitor all content that is posted on our websites, and therefore we have no obligation to monitor the content. However, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, at our sole discretion. 15. LINKED WEBSITES Our websites contains links to third party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content of such third-party websites. We are not responsible or liable for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party websites, including (without limitation) any advertisements, materials or products. If you decide to access linked third-party websites through any content posted by you, you acknowledge that you do so at your own risk. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 16. INFRINGEMENT OF PROPRIETARY RIGHTS We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, suspend and/or terminate your account if we believe you are intentionally infringing upon a third parties’ proprietary rights or if you repeatedly infringe on third parties’ proprietary rights, whether such infringement is intentional or not. Additionally, we may, in appropriate circumstances and at our sole discretion, remove, or disable access to, content on our websites that infringes on the rights of others. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our legal department with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on our websites; your address, telephone number, and email address; 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Please note that we will not act upon any notice that is not accompanied by a statement made under penalty of perjury, as described above. Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent, c/o RATINGHQ.COM, Inc., ***** By phone: *** By fax: *** By email: copyright@RATINGHQ.COM *** 17. TRADEMARKS The following trademarks, service marks, slogans, and other logos and product and service names are trademarks of **RATINGHQ.COM (“company marks"). Without our express prior written permission, you agree not to display or use in any manner the company marks: **RATINGHQ.COM Any foreign translation of any trademark, service mark, slogan or logo set forth above Additionally, other trademarks and service marks of our partners (“partner marks”) may be displayed on our websites and are generally identified with the symbol “™” OR “®. Without our express written permission, or the written permission of the owners of such partner marks, you agree not to display or use in any manner the partner marks. 18. GENERAL PRACTICES REGARDING OUR WEBSITE You acknowledge that we may establish general practices and limits concerning use of our websites and storage of content, including without limitation the maximum number of days that Content will be retained by us, the maximum amount of content that may be posted by you, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access our websites in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content posted by you. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time. 19. TERMINATION OF OUR WEBSITE We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our websites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our websites. 20. INTERSTATE COMMUNICATIONS When you register with our websites, you understand and acknowledge that in using our websites to post content of any kind, you will be causing communications to be sent through our computer networks, portions of which are located in Texas and other states within the United States. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Use, you acknowledge that use of our websites results in interstate data transmissions, that you are bound by all laws governing interstate transmissions, and that any dispute concerning your posted content may be subject to laws of jurisdictions other than the state in which you are located at the time that you posted the content. 21. EXPORT CONTROL LAWS The United States Government controls the export of certain products and information. You agree to comply with such restrictions and not to export or re-export content (including any software) to countries or persons prohibited under the export control laws. By downloading content (including any software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of content. 22. MISCELLANEOUS These Terms of Use (together with the Privacy Policy, and any Legal Notices accompanying the Content that are incorporated herein by reference) constitute the entire agreement between you and the Company and govern your use of the websites, superseding any prior agreements between you and the Company with respect to the websites. Any changes to these Terms of Use will be made in writing and reflected on this page or in the corresponding Legal Notice. No waiver by us of any provision of these Terms of Use will be made by us except in writing and no such waiver shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, you agree that a court should attempt to give full effect to the parties’ respective intentions and that any invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Tarrant, Texas and irrevocably waive any objection you might bring regarding the inconvenience of that forum. 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 Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it will be forever barred. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement. The captions above the Terms of Use are for convenience only and have no legal or contractual effect.
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