1. Introduction and Acceptance of Terms and Conditions

1. 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

2. 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

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