Terms of Use
ACCEPTANCE OF TERMS
The services that ConsumerAffairs Holdings, LLC and its affiliates (collectively herein "ConsumerAffairs") provides to you are subject to the following Terms of Use. ConsumerAffairs reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
Please read these terms carefully. If you do not agree to them, you must not use the Websites or the Services.
THIS AGREEMENT CONTAINS:
- A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A THAN JURY TRIALS OR CLASS ACTIONS;
- CONSENT TO RECEIVE ALL LEGALLY REQUIRED COMMUNICATIONS AND DISCLOSURES FROM US ELECTRONICALLY; AND
- A CONSENT TO RECEIVE DIRECT MAIL, AUTOMATED TELEPHONE CALLS, SMS TEXT MESSAGES AND RECORDING OF CALLS.
DESCRIPTION OF SERVICES
Through its network of Web properties, ConsumerAffairs provides you with access to a variety of resources, including consumer news, recall information, consumer comments and complaints, self-help tools and directories of resources provided by other parties (collectively "Services"). All such Services are subject to the Terms of Use. ConsumerAffairs reserves the right to cancel or block your access to the Services for violation of these Terms of Use, in its sole discretion.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, data or products obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please click here to access ConsumerAffairs’ Privacy Policy.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as news stories, consumer comment compilations, white papers, press releases and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies, (2) use of such Documents from the Services is for informational and non-commercial or personal use only. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
DISCLAIMER OF LIABILITY
The information on the ConsumerAffairs Website is general in nature, does not address the circumstances of any particular individual and is not intended as a substitute for personalized investment, financial, tax and legal advice. ConsumerAffairs is not a fiduciary by virtue of any person’s use of or access to the information on the ConsumerAffairs website. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information on the ConsumerAffairs Website.
ConsumerAffairs makes no representation as to the accuracy of the information and assumes no liability for any damages or loss arising from the use thereof. All information is provided "as is" without warranty of any kind. ConsumerAffairs and/or its respective information suppliers and contractors hereby disclaim all warranties and conditions with regard to the information.
Through its network of Web properties, ConsumerAffairs may provide ways by which you can obtain products or services from various companies. We are not your agent or the agent of any company appearing on our website, although we may recommend a company based on your responses to written questions or phone interviews we conduct. While all companies with whom we do business must agree to abide by ConsumerAffairs Code of Good Business Practices, we do not license or certify the qualifications of those companies. It is your responsibility to fully investigate all companies with whom you decide to do business, and you acknowledge and agree that you will rely on your own judgment in making the final selection of all products and services you choose to purchase. In particular, we recommend that you seek the advice of financial advisors, insurance agents, brokers, medical professionals, or other relevant qualified professionals prior to making any financial, health, or safety-related decisions. By using the Services, you acknowledge and agree that ConsumerAffairs is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a company’s products or services.
ConsumerAffairs does not make any coverage or credit decision with any company that contacts you, or with which you may be matched. ConsumerAffairs does not issue mortgages, credit cards, insurance coverage or any other financial products.
ConsumerAffairs is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
The Services may contain inaccuracies or typographical errors. Changes are periodically made to the Services. ConsumerAffairs and/or its respective suppliers and contractors may make improvements, modifications and/or changes to the Services at any time without notice.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also be asked to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
ELECTRONIC CONSENT
By agreeing to receive phone calls and text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to privacy@consumeraffairs.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to privacy@consumeraffairs.com with contact information and the address for delivery.
NO UNLAWFUL OR PROHIBITED USE
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, notices or applicable laws and statutes. You may not use the Services in any manner that could damage, disable, overburden, or impair any ConsumerAffairs.com server, or the network(s) connected to any ConsumerAffairs.com server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any ConsumerAffairs.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
ADVERTISEMENTS AND PROMOTIONS
ConsumerAffairs.com provides links to, and runs advertisements from, other companies on its website. Some of these companies may have a business relationship with ConsumerAffairs, and we may receive compensation when you click on a link or visit those companies’ sites. Your interactions and business dealings with any other company, however, including those with whom we have a business relationship, are solely between you and that company. ConsumerAffairs.com is not responsible or liable for any loss or damage of any sort incurred by you, or the alleged breach of any terms, conditions, warranties or representations associated with any other company. Authorized Members must agree to comply with ConsumerAffairs Code of Good Business Practices, but ConsumerAffairs does not dictate other companies’ marketing or advertising messages. When ConsumerAffairs does not have a business relationship with a company, advertisements are placed on our website by a third party, and we do not know the identity of a specific advertiser or have control over the advertisement. In all cases, ConsumerAffairs makes no representations about the suitability of any service or products advertised.
USE OF SERVICES
The Services may contain bulletin board services, forums, communities, complaint forms, comment forms, service rating forms and/or other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
Without limitation, you agree that you will NOT:
- Use this site if you are under the age of 16.
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, shocking or unlawful topic, name, image, material or information.
- Make any statement that is false, dishonest, or otherwise not accurate.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Do the following as it pertains to submitting Video Reviews:
- Record the video with other people in the background
- Display any products or services that you are not reviewing
- Play music in the background while you are recording
- Include anything that may be copyrighted such as music, images, logos, art, etc.
ConsumerAffairs reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ConsumerAffairs reserves the right at all times to disclose any information as ConsumerAffairs deems 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, in ConsumerAffairs’ sole discretion.
By posting, uploading, inputting, providing or submitting ("Posting") any Submission of any kind, you are granting ConsumerAffairs.com, its affiliated companies and necessary sublicensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all ConsumerAffairs’ Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. ConsumerAffairs.com is under no obligation to post or use any Submission you may provide and ConsumerAffairs.com may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You also warrant that the information provided in the Submission is, to the best of your knowledge, truthful and accurate.
AUTOMATED CALLS, TEXT MESSAGES AND DIRECT MAIL
Program Description
ConsumerAffairs provides a matching service whereby the consumer provides information in connection with being matched with a desired service or product. As part of this service, you may be contacted by ConsumerAffairs or by the brand with whom you have been matched pursuant to your request and provision of information on the ConsumerAffairs Website.
Consent
When you provide your information on the ConsumerAffairs Website, you consent to be contacted via automated text message, automatic telephone dialing system, or by artificial/prerecorded message at the telephone number you provide, and/or by receiving email at the email address you provide and/or direct mail from ConsumerAffairs or the brand with which you have been matched for the desired product or service.
You expressly consent to receive automated calls, text messages, and/or email regardless of whether you are on any Federal or state DNC (“Do Not Call”) registry or similar list or registry. If you provide your information and we contact you, or you contact us, we may keep a record, including but not limited to telephone recordings, call logs, text logs and emails, of your interaction with ConsumerAffairs.
Opting Out
You may revoke your consent for us to contact you by autodialed call, text message, or direct mail at any time. If you no longer wish to receive such communications from ConsumerAffairs, you may opt out by emailing privacy@consumeraffairs.com along with the subject line “Opt-Out”. To opt out of receiving text messages from ConsumerAffairs at any time, text STOP to the short code from which the text message was sent to the enrolled mobile device. A confirmation message of your opt out will be sent to your mobile number but no additional messages will be sent to you unless you opt in again.
Cost & Carriers
ConsumerAffairs does not charge for toll free calls. However, you may be charged for the minutes you use by your mobile carrier, depending on your wireless plan.
Standard message and data rates may apply. These rates may be changed by your mobile service provider and payable by you to that provider. ConsumerAffairs.com does not impose a separate fee for sending SMS messages.
The content in these messages may not be available and viewable on all carriers. Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket. Mobile carriers are not liable for delayed or undeliverable messages.
Help
For help with this texting program, text HELP to the short code from which the message was sent to the enrolled mobile device. A confirmation message of your HELP request will be sent to your mobile number along with a link/url to a dedicated webpage on ConsumerAffairs with additional information that may help resolve your issue.
Call Masking
By agreeing to participate in Call Masking, you understand that ConsumerAffairs will collect your phone number as entered in the form. However, ConsumerAffairs will not share your phone number directly with a third party. ConsumerAffairs will give the third party a proxy number to contact you with any marketing or service related communications. See example below.
This proxy number is being used for your convenience and may be disabled by you or by ConsumerAffairs after a predetermined amount of time. To disable the proxy number and stop third parties from contacting you, you may opt out by emailing privacy@consumeraffairs.com along with the subject line “Call Masking Phone Number”.
Example: You submit information to ConsumerAffairs including your phone of #123. ConsumerAffairs matches you with a participating third party but gives that party the proxy phone number of #789. The third party dials #789 and it rings to your phone number. However, once you choose to stop the phone calls, then the proxy phone number will be disconnected from your phone number and the calls will stop. Also, ConsumerAffairs will automatically disconnect the proxy phone number from your phone number after 30 days from the date you provide your information to ConsumerAffairs.
NO RESPONSIBILITY FOR LINKS
Hypertext links on ConsumerAffairs’ sites enable you to leave the ConsumerAffairs Website. ConsumerAffairs is not responsible for the contents of any linked sites nor for any links contained in any such linked site, nor for changes, updates and modifications in such sites. The links are provided to you only as a convenience and the inclusion of any such link does not imply endorsement by ConsumerAffairs of the site, its contents, services and policies.
UNSOLICITED SUBMISSIONS
ConsumerAffairs does not accept unsolicited ideas, including ideas for new Websites, news stories, advertising campaigns, promotions, products, services, technologies, processes or names. Please do not send any original creative property, samples, demonstrations, auditions, tear sheets, samples or related materials. We assume no responsibility for any such materials and do not promise their safekeeping or return.
DISPUTES
Nevada law, without regard to the conflict of law principles thereof, and controlling U.S. federal law govern any action related to the Terms of Use, the Websites and/or the Services.
You and ConsumerAffairs agree to arbitrate all disputes between you and ConsumerAffairs, except for disputes relating to the enforcement of ConsumerAffairs’ intellectual property. Any disputes between you and ConsumerAffairs relating to the Terms of Use, the Services and/or the Web sites must be resolved exclusively through binding arbitration pursuant to JAMS Comprehensive Arbitration Rules and Procedures (including Interim Measures), or in small claims court in County of Douglas, Nevada. In the event of a dispute, you or ConsumerAffairs must send to the other party a notice of dispute, in writing, setting forth the name, address and contact information of the party giving notice, the facts of the dispute and relief requested. You may initiate proceedings by sending ConsumerAffairs notice to the following address:
ConsumerAffairs
c/o Consumers Unified, LLC 297 Kingsbury Grade, Suite 1025, Mailbox 4470
Lake Tahoe, NV 89449-4470
privacy@consumeraffairs.com
1-866-773-0221
We will send any notice of dispute to you at the contact information we have for you. You and ConsumerAffairs agree to try to attempt to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and ConsumerAffairs do not resolve the dispute in such 60 day time period or in small claims court, then you or ConsumerAffairs may commence arbitration. You and ConsumerAffairs agree that a dispute will be heard before a neutral single arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. In addition, you and ConsumerAffairs agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; and (b) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, ConsumerAffairs will pay all other arbitration fees and expenses.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM RELATING TO OR UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES AND/OR THE WEB SITES, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
In no event shall any claim, action or proceeding by you or ConsumerAffairs related in any way to the Terms of Use, the Services and/or the Web sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in County of Douglas, Nevada, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.