E
Trusted Reviews Web Site Agreement
The E Trusted Reviews Web Site (the "Site")
is an online information service provided by E Trusted
Reviews ("E Trusted Reviews "), subject
to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING
THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. E Trusted Reviews MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights
and trademarks are E Trusted Reviews, its affiliates
or other third party licensors. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from
the different areas of the Site solely for your own
non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices
from the materials. You agree to grant to E Trusted
Reviews a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any
materials and other information (including, without
limitation, ideas contained therein for new or improved
products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to E Trusted Reviews by all means and
in any media now known or hereafter developed. You
also grant to E Trusted Reviews the right to use your
name in connection with the submitted materials and
other information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against E Trusted Reviews for any alleged or actual
infringement or misappropriation of any proprietary
right in your communications to E Trusted Reviews.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks
or servicemarks of E Trusted Reviews. Other product
and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products
or services clearly identified as being supplied by
E Trusted Reviews, E Trusted Reviewsdoes not operate,
control or endorse any information, products or services
on the Internet in any way. Except for E Trusted Reviews-
identified information, products or services, all
information, products and services offered through
the Site or on the Internet generally are offered
by third parties, that are not affiliated with E Trusted
Reviews a. You also understand that E Trusted Reviews
cannot and does not guarantee or warrant that files
available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output,
and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND THE INTERNET. E Trusted Reviews
PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND E Trusted Reviews SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY. E Trusted Reviews DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. E Trusted
Reviews HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL E Trusted Reviews BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF E Trusted Reviews OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, E Trusted Reviews LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
E Trusted Reviews makes no representations whatsoever
about any other web site which you may access through
this one or which may link to this Site. When you
access a non-E Trusted Reviews web site, please understand
that it is independent from E Trusted Reviews, and
that E Trusted Reviews has no control over the content
on that web site. In addition, a link to a E Trusted
Reviews web site does not mean that E Trusted Reviews
endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless E
Trusted Reviews, its officers, directors, employees,
agents, licensors, suppliers and any third party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of E Trusted
Reviews and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of The United States of
America applicable to agreements made and to be performed
in The United States of America. You agree that any
legal action or proceeding between E Trusted Reviews
and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America
. Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year
after the claim or cause of action arises or such
claim or cause of action is barred. E Trusted Reviews's
failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement.
E Trusted Reviews may assign its rights and duties
under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
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