1. Introduction and Acceptance of Terms and Conditions
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Mission
The website located at
https://etailrankings.com/
(the “Site”) is owned and operated by eTailerReviews, LLC (“we,”
“us,” “our,” or “Company”). Our mission is to connect
ecommerce retailers to enable them to share their experiences. To
achieve this mission, we make services available through our website
and mobile applications, to help you, your company, and other
ecommerce retailers share their experiences
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Scope and Acceptance
This
Website Terms of Use Agreement (“Terms of Use”) governs your
access to and use of the Site, any pages of the Site, our mobile
applications, services, or other information provided as part of the
Site (the Site and such applications, services and information,
collectively, “Etailrankings” or the “Services”). You agree
that by accessing, browsing or using Etailrankings, or by registering
on Etailrankings, you are indicating that you have read and
acknowledge and agree to be bound by these Terms of Use and the
eTailerReviews Website Privacy Policy located
here and incorporated
herein by reference. If you do not agree to every provision of these
Terms of Use and the eTailerReviews Website Privacy Policy,
please do not access, browse or use Etailrankings.
By
accepting these Terms of Use, you represent and warrant that you are
legally permitted to enter into a binding contract (18 years of age
or older in most jurisdictions). If you have accepted these Terms of
Use on behalf of any business (such as a corporation, partnership, or
limited liability company) or other entity, you represent and warrant
that you have legal authority to do so; and you also acknowledge and
agree that you are still
individually bound by these Terms of Use, even if that business or
entity has a separate agreement with us. By accepting these Terms of
Use, you consent to use electronic signatures through the Services.
These
Terms of Use may be revised at any time
for any reason, without notice or obligation, by updating this
posting. By accessing, browsing or using Etailrankings
following the posting of changes to these
Terms of Use, you accept such changes.
You agree to use Etailrankings
in a manner consistent with any and all applicable rules, laws and
regulations. Any use of Etailrankings
in a manner inconsistent with these Terms
of Use is deemed unauthorized access and
may subject the user to civil or criminal penalties. We strongly
recommend that you periodically visit this page of Etailrankings
to review these Terms of
Use. These
Terms of Use are effective as of [Month Day, 2012].
2. Materials
The
Site and all material on Etailrankings
(the “Materials”), including, without limitation, all text,
graphics, images, audiovisual productions, opinions, statements,
facts, articles, or other information created by or on behalf of us,
and other works on the Site, the Site’s design and coding, all
computer programs used and licensed in connection with the Site, the
look and feel of the Site, and all data and reports generated by
Etailrankings
are owned by us or a third party. These Materials are protected
under copyright, trademark and other laws. You may not copy,
print, download, transmit, modify, distribute, compile, decompile, or
republish Etailrankings
or any portion of Etailrankings,
including without limitation any Materials, without the prior written
consent of Company. You may not sell, publicly display, create
derivative works of, reverse engineer, disassemble, revise, enhance,
assign, sub-license, transfer or otherwise exploit Etailrankings
or any Materials. Use of any Materials is prohibited without
the prior written permission of Company. As long as you comply
with these
Terms of Use,
Company grants
you a personal, non-exclusive, non-transferable, non-sublicensable,
revocable, limited license and right to access and make personal use
of Etailrankings.
3. Registration
Each
registration is for a single user only. In consideration of your use
of Etailrankings,
you agree to provide accurate, current and complete information about
yourself or your company as requested on the Site registration form
and to maintain and promptly update the information (including, in
particular, your e-mail address) you provide from time to time as
necessary to keep the information true, accurate, current and
complete. By accepting these
Terms of Use,
you represent and warrant that you are 18 years of age or older and
that, if you have accepted these
Terms of Use
on behalf of any business (such as a corporation, partnership,
limited liability company or other organization) or other entity, you
represent and warrant that you have legal authority to do so.
Any
changes to your registration information should be made on the Site.
If you provide information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account and refuse any
and all current or future use of Etailrankings.
After
you register on the Site, you may receive a password for your use of
Etailrankings.
You are responsible for keeping your password confidential. You
will be responsible for all uses of your password and account. You
will close the browser window for the Site at the end of each use,
and you will immediately notify us of any unauthorized use of your
password. We cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 3.
4. Legal Requirements
Where
we have a good faith belief that such action is necessary to comply
with a judicial proceeding, court order, warrant, administrative
order, civil investigative demand, subpoena, or other valid process,
we may disclose IP addresses, personal information, and any contents
of the Site, Etailrankings,
or any other information you provide
where we are legally compelled to do so, to enforce these
Terms of Use
or the eTailerReviews Website
Privacy Policy,
respond to claims of violation of the rights of third parties,
respond to customer service inquiries, or protect the rights,
property, or safety of Etailrankings,
our users, or the public. Please see the eTailerReviews
Website
Privacy Policy located at here
for additional information relating to the privacy and security of
personal information collected hereunder.
5. Your Use of Etailrankings
You are
solely responsible for all content that you upload, post, e-mail,
submit or otherwise transmit to, through, or in connection with
Etailrankings,
such as vendor or product ratings, rankings, reviews, compliments,
invitations, communications, data, information, text, images,
opinions, statements, facts, articles and other materials
(collectively, “Reviews”). Your Reviews may be viewable by other
visitors or users of Etailrankings
and may also be viewable through third-party services and sites. You
should only provide Reviews that you are comfortable sharing with
others. You alone are responsible for your Reviews, and once
published, it cannot always be withdrawn. You assume all risks
associated with your Reviews, including anyone’s reliance on its
accuracy, quality, or reliability, or any disclosure by you of
information in your Reviews that makes you personally identifiable.
You
agree that you will not: (a) use Etailrankings
in any unlawful manner or provide any Reviews that are unlawful,
harmful, threatening, abusive, hateful, obscene, harassing, tortious,
defamatory, libelous, slanderous, pornographic, profane, vulgar,
offensive, lewd, invasive of another’s privacy or racially,
ethnically or otherwise objectionable; (b) use Etailrankings
to harm minors in any way; (c) provide any Reviews: (i) that you do
not have the right to provide, under any law or contractual or
fiduciary relationships, including, without limitation, any inside
information or proprietary or confidential information; (ii) that
infringe any patent, copyright, trademark or other intellectual
property right or misappropriate any trade secret of any third party;
(iii) that constitute unsolicited or unauthorized advertising or
promotional materials, “spam,” “chain letters,” or pyramid
schemes; or (iv) that contain any software routine, code, instruction
or virus that is designed to disable, delete, modify, damage or erase
software, hardware or data; (d) forge headers or otherwise manipulate
identifiers in order to disguise any messages transmitted through the
Site; (e) interfere with Etailrankings
or servers or networks connected to Etailrankings;
(f) interfere with the ability of others to use Etailrankings;
(g) reproduce, sell, resell, sub-license, distribute or exploit for
any commercial purposes, any portion of Etailrankings
or the content, information or materials contained
therein; (h) conduct your business on Etailrankings
or any of our websites in a way that is unfair, unlawful, or
constitutes a deceptive business practice; (i) otherwise use
Etailrankings
in violation of any law or contract; (j) use any robot, spider, or
other automatic device to monitor or copy portions of Etailrankings
or the content, information or materials contained
therein without our prior written permission; (k) download,
reproduce, duplicate, copy or otherwise exploit any portion of
Etailrankings
for the purpose of sale, resale or making other commercial use
thereof; (l) include in any thirty party website any hypertext link
to any page or location within Etailrankings
without Company’s prior written permission; or (m) display
Etailrankings
or any portion thereof in frames without Company’s prior written
permission.
You
acknowledge and agree that we may disclose or use any Reviews that
you provide in connection with Etailrankings
for the purposes of: (a) enforcing these Terms of Use; (b) complying
with any laws, regulations or rules of any federal, state or local
government or agency; (c) responding to claims that any Reviews
violate the rights of third parties; or (d) protecting the rights or
property of us, our customers or the public. In addition, with
respect to Reviews that you provide, directly or indirectly to
Etailrankings,
including without limitation any content that you provide to public
areas of the Site, ideas, concepts, techniques or data, you grant to
us, including our respective affiliates and our or their designees, a
perpetual, worldwide, royalty-free, fully paid-up, nonexclusive,
irrevocable, worldwide, sub-licensable (through multiple tiers) and
assignable right and license to use, host, transfer, transmit,
disclose, broadcast, reproduce, display, publish, modify, distribute,
perform, adapt, create derivative works from and otherwise use,
commercialize, sell and exploit such information in any form, media
or technology now known or later developed for any and all commercial
or non-commercial purposes. As between the parties, we own all
right, title, and interest in and to all intellectual property rights
in all materials, products or services developed by us, or on behalf
of us by third parties, based on or including as a component thereof
any such information as described above, and all generalized
knowledge, skill, know-how and expertise relating to such
information.
We do
not and cannot review all Reviews posted through Etailrankings,
or created by users accessing Etailrankings,
and we are not in any manner responsible for the content of these
Reviews. We do not make any representation or warranty regarding
the accuracy or truthfulness of the Reviews. The Reviews may be
unreliable for a variety of reasons including, for example, changes
in conditions or circumstances, or differences in individual users’
opinions. The Reviews are for your reference only and should not be
relied upon by you for any purpose. We are not responsible for the
accuracy and/or reliability of the Reviews. We will have no
liability related to the content of any Reviews, whether or not
arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. You acknowledge that by providing you with the ability to
view and distribute user-generated content through Etailrankings,
we are merely acting as a passive conduit for such distribution and
are not undertaking any obligation or liability relating to any
Reviews or activities on the Site. However, we reserve the right to
block or remove Reviews that we determine to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of copyright, trademark, or other intellectual property
right of another, or (d) offensive, otherwise unacceptable to us in
our sole discretion, or in violation of these Terms of Use. We are
under no obligation to use, return, review, or respond to any Reviews
posted to the Site or through Etailrankings.
6. Third Party Sites and Advertisements
We have
not reviewed all of the websites linked to the Site or through
Etailrankings
and is not responsible for the content of any third-party pages,
advertisements, or any other websites linked to the Site or through
Etailrankings.
Nothing in Etailrankings,
including, without limitation, any links to other websites or
advertisements should be construed as an endorsement of any products,
services or information of any other persons or companies by us.
Your choice to link to any other website is at your own risk, and
you agree to comply with all terms and conditions relating to such
websites. We
reserve the right not to link, or to remove the link, to a particular
website at any time. Any links to third-party websites are provided
as a convenience to you and are neither owned nor operated by
Company.
We have no control over these linked websites and makes no
representations or warranties with respect to these linked websites
or any advertisements appearing on or through Etailrankings.
Your viewing and use of any third-party websites or advertisements
is at your sole discretion and risk.
7. Special Admonitions for International Use
Recognizing the
global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable content. You agree to
comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in
which you reside.
8. Indemnification
You agree to hold
harmless and indemnify Company,
its subsidiaries and affiliates, business partners, contractors,
clients and service providers, and their respective officers,
employees, agents and representatives from and against any claims,
liabilities, costs or damages, including reasonable attorneys’ fees
and paralegal fees through final appeals, made by any third party,
relating to or arising from your use of Etailrankings,
including without limitation any Reviews,
content, materials or other information you provide in connection
therewith, any violation of these Terms of Use by you, or any other
act or omission by you, including your violation of any rights of
another, arising from your use of the Site or Etailrankings.
9. eTailerReviews Trademarks
All product and
service names appearing in a typeface different from that of the
surrounding text or with a trademark symbol are registered and
unregistered trademarks and service marks owned by Company or its
subsidiaries or affiliates or a third party. These trademarks and
all other trademarks, service marks, logos and company names (each a
“Mark”) used in Etailrankings
are the property of Company or third parties and shall remain the
property of Company and such third parties. Nothing contained in
Etailrankings
shall be construed as granting, by implication or otherwise, any
license or right to use any Mark displayed on Etailrankings
without the prior written permission of Company or such third party
that may own the Mark displayed on Etailrankings.
Your misuse of any Mark displayed on Etailrankings,
or any other content on Etailrankings,
is strictly prohibited.
11. Termination
You
acknowledge and agree that Company may terminate your account or use
of Etailrankings
for any reason, including, without limitation, your violation of
these Terms of Use. You agree that we may terminate your access to
and use of Etailrankings
without prior notice and without any liability to you or any third
party. You acknowledge and agree that we may modify, limit, suspend
or discontinue Etailrankings,
or any part of Etailrankings
at any time, without notice or liability to you. We may also, from
time to time, establish general rules and policies regarding use of
Etailrankings.
We will post such rules and policies on Etailrankings,
and you agree that your compliance with such rules and policies shall
be a condition of your use or continued use of Etailrankings.
We shall have no liability or responsibility with respect to any
lost data or Reviews, such as the deletion of or failure to store
Reviews, communications or other content.
12. Disclaimers and Limitation of Liability
COMPANY
IS PROVIDING ETAILRANKINGS AND ALL INFORMATION AND SERVICES ON AN
“AS-IS,” “AS-AVAILABLE” BASIS. COMPANY DISCLAIMS ALL
REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY
BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. COMPANY DOES NOT CONTROL OR VET REVIEWS GENERATED
BY USERS FOR ACCCURACY. COMPANY DOES NOT REPRESENT OR WARRANT THAT
ETAILRANKINGS OR ANY REVIEWS, ADVERTISEMENTS OR OTHER INFORMATION
OFFERED IN CONNECTION THERWITH ARE ACCURATE, COMPLETE OR CURRENT OR
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY DOES NOT
WARRANT THAT ETAILRANKINGS WILL OPERATE IN AN UNINTERRUPTED, SECURE
OR ERROR-FREE MANNER. ETAILRANKINGS IS FOR YOUR GENERAL USE ONLY AND
SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, BUSINESS,
LEGAL OR OTHER DECISIONS. COMPANY DOES NOT WARRANT OR REPRESENT THAT
YOUR USE OF ETAILRANKINGS WILL NOT INFRINGE THE RIGHTS OF THIRD
PARTIES. ETAILRANKINGS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE
IDENTITY OF THE PERSONS SUBSCRIBING TO ETAILRANKINGS, NOR DOES IT
HAVE ANY OBLIGATION TO MINOTOR THE USE OF ETAILRANKINGS BY OTHER
USERS; THEREFORE, ETAILRANKINGS DISCLAIMS ALL LIABILITY FOR IDENTITY
THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ETAILRANKINGS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF
ETAILRANKINGS IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITY.
IN NO
EVENT SHALL COMPANY OR THIRD PARTIES WHO CONTRIBUTE TO ETAILRANKINGS
BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY
AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR
PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. IF
YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH
THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY IS LIMITED TO THE
GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
13. Governing Law and Jurisdiction
We
maintain the Site from our offices in Cary, North Carolina, U.S.A.
These Terms of Use and the transactions they contemplate, including
without limitation their interpretation, construction, performance
and enforcement shall be governed by the laws of the State of North
Carolina, U.S.A. without reference to conflict or choice of law
provisions, as applicable to contracts made and performed entirely
within such State. The International Convention on the Sales of
Goods, and other international treaties that are not mandatory with
respect to contracts made and performed entirely in North Carolina,
shall not apply. The exclusive forums for the resolution of any
dispute relating to these Terms of Use shall be the state and federal
courts in Wake County, North Carolina, U.S.A., and you agree to
personal jurisdiction of such courts over you with regard to any
dispute relating to these Terms of Use and agree to service of
process on you by e-mail to the address you have submitted on the
Site, if any, and by any other means permitted by law.
A printed version of these Terms of Use will be admissible in judicial
and administrative proceedings based upon or related to these Terms
of Use to the same extent and subject to the same conditions as other
documents and records originally generated and maintained in printed
form.
14. Notice
All
notices, demands, or consents given from you under this Agreement
will be in writing and will be deemed given when delivered to Company
at the following contact: etailrankings@gmail.com.
Please
report any violations of these Terms of Use to Company at the contact
listed above.
15. Miscellaneous
You may
not assign, sublicense or otherwise transfer any of your rights under
these Terms of Use. If any provision of these Terms of Use is found
to be invalid by any court having competent jurisdiction, the
invalidity of that provision shall not affect the validity of the
remaining provisions of this Agreement, which shall remain in full
force and effect. Headings in these Terms of Use are for convenience
only and shall have no legal meaning or effect. No action arising
under these Terms of Use may be brought at any time more than twelve
(12) months after the facts occurred upon which the cause of action
arose. These Terms of Use, and not the conduct between us or any
trade practice, shall control the interpretation of these Terms of
Use between the parties. Company’s failure to enforce a particular
provision of these Terms of Use does not mean that Company waives the
right to enforce it in the future.
Except as expressly and specifically contemplated by the Agreement,
no representations, statements, consents, waivers or other acts or
omissions by us or any affiliate shall be deemed legally binding on
us or our affiliate, unless documented in a physical writing hand
signed by a duly appointed officer of Company.
16. Procedure for Making Claims of Copyright Infringement
If you
believe that your work has been copied in the content on
Etailrankings in a way that constitutes copyright infringement,
please provide Company’s copyright agent the written information
specified below.
(a) An electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
(b) A
description of the copyrighted work that you claim has been
infringed;
(c) A
description of where the material that you claim is infringing is
located on the Site;
(d) Your
address, telephone number and email address;
(e) 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;
and
(f) A
statement by you, made under penalty of perjury, that the information
in the notice is accurate and that you are the copyright owner, or
are authorized to act on behalf of the owner, of an exclusive right
that is allegedly infringed.
Company’s
copyright agent for notice of claims of copyright infringement can be
reached as follows: etailrankings@gmail.com
Questions Regarding this Privacy Policy
If you have any questions or comments regarding this Privacy Policy, please send us an email at etailrankings@gmail.com.
Your California Privacy Rights
Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with eTailerReviews is primarily for personal, family, or household purposes, you may request certain data regarding eTailerReviews’ disclosure, if any, of personal information to third parties for the third parties' direct marketing purposes. To make such a request, please send an email message to [etailerreviews@gmail.com] with “Request for California Privacy Information” in the subject line; you may make such a request up to once per calendar year. If applicable, we will provide you, by email, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by S.B. 27’s requirements.
Last Updated: February 14, 2012
Copyright © 2011 eTailerReviews, LLC. All rights reserved.