Effective date: December 27, 2005
1. Acceptance of Terms
Thank you for using Trusted Opinion at www.trustedopinion.com (the "Service", the "Website"). By using this Service or visiting the Trusted Opinion website, you, the user, agree to the following terms of service ("Terms"). You understand and agree that Trusted Opinion provided by Trusted Opinion, Inc ("Trusted Opinion"), is an online forum where reviews, content and recommendations are provided by third parties.
We reserve the right to revise these Terms of Service by updating this posting. If the change is material, we will post a conspicuous notice on our home page and send a notification email, as per our privacy policy, to the email address we have recorded for you. Your continued use of Trusted Opinion constitutes your agreement to these Terms.
We may modify or terminate our Services at any time, for any reason, and without notice or liability to you, any other user or any third party. All references herein to "we" refers to Trusted Opinion, and all references to "you" refers to the Trusted Opinion visitor or user.
2. Acceptable Use of Trusted Opinion
(a) Acceptable Content & Reviews
Trusted Opinion relies on its users to give truthful and accurate recommendations for products and services to their friends. As such, users may not provide false, inaccurate, deceptive, misleading or deceitful reviews or recommendations. By posting a review, you represent that your reviews and recommendations are based upon actual experience with the product or service being reviewed. To maintain the integrity of the Service, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-mail or other content.
In addition, you may not create or post reviews on the Service that (1) are defamatory, obscene, indecent or harmful to minors; (2) infringe on any third party's copyright, patent, trademark, trade secret or any other personal or proprietary right; (3) violates the privacy rights of any third party; (4) consists of, or contains software viruses, Trojan horses or any other computer programming that is intended to damage or interfere with the Service; (5) consists of or contains political campaign messages, commercial solicitation, chain letters, mass mailings, or any other form of "spam"; and (5) violate these Terms in any way. We reserve the right to report any wrongdoing that we are aware of, to the applicable government agency.
(b) Personal Use Only
The Trusted Opinion Service is designed for your personal, non-commercial use only. If you are interested in making commercial use of Trusted Opinion, please contact us at [LINK] for further information.
(c) Data Extraction and Unauthorized Access
You agree not to gather, extract, post or submit any data to or from Trusted Opinion using web robots, crawlers, data-mining or any other process. You may not attempt to gain unauthorized access to the Service, any Trusted Opinion computer network or user accounts through hacking, password mining or other means.
(d) Privacy Policy
By using Trusted Opinion, you agree that you have read and consented to the terms of our
Privacy Policy which is incorporated into this agreement.
(e) Children
By registering with Trusted Opinion, you represent that you are at least 13 years of age. Trusted Opinion is not intended for children under the age of 13. Any user profile that confirms that a user is under the age of 13 will be deleted.
3. Content Removal and Account Termination
While we do not undertake to review content posted to the Service and do not intend to do so, Trusted Opinion may remove any content posted onto the Service at its sole discretion.
Trusted Opinion reserves the right to terminate immediately, at its discretion, any user for breach of these Terms, breach of the Privacy Policy or for any other reason. Trusted Opinion disclaims any responsibility for the deletion or failure to store any profile or content. You can cancel your Trusted Opinion user account at any time by sending us an email with the user name, email address and full name at feedback@trustedopinion.com.
4. No Endorsements of Products and Services
Trusted Opinion connects you to your friends' reviews and recommendations. You acknowledge that Trusted Opinion's display of specific reviews or recommendations does not suggest a recommendation by Trusted Opinion. You agree that Trusted Opinion does not endorse any of the products or services reviewed or recommended on the Service, and that we are in no way responsible for the accuracy, quality, reliability or condition of any information posted on the Service.
The Service provides hyperlinks to web sites not controlled by Trusted Opinion. We are not responsible for the content, privacy practices or activities of any website not controlled by us. We sometimes use information content on the Service provided by third parties. Trusted Opinion is not responsible for the accuracy or reliability of this content.
5. Intellectual Property Rights
(a) Posting Reviews
If you post a review or submit material to the Service, you grant Trusted Opinion and its affiliates a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such content (in whole or in part) throughout the world in any media now known or later developed. You also grant us the right to use your Trusted Opinion username and/or first name and last name initial that you submit in connection with such content.
(b) Proprietary Rights
All content on the Trusted Opinion website is the exclusive property of Trusted Opinion or its content suppliers, including text, graphics, logos, button icons, images, audio clips, digital downloads, compilations and software. No portion of the materials on this Service may be reprinted, republished, modified or distributed in any form and in any media without the express written permission of Trusted Opinion. A user or visitor may not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Service or any portion of the Website. Any rights not expressly granted by these Terms with respect to the Service are reserved by Trusted Opinion.
(c) Trademark Notice
All trademarks and logos used on this Website are the trademarks, service marks or logos of Trusted Opinion or their respective owners. Nothing on this Website shall be construed as granting any license, right of ownership or right to use any trademark used on the Website. Any questions concerning the use of Trusted Opinion trademarks should be referred to
legal@trustedopinion.com.
(d) Notice and Procedure for Claims of Copyright Infringement
Trusted Opinion takes claims of copyright infringement seriously. If you believe your work has been infringed, please provide our agent with the following written information:
- A description of the copyrighted work
- A description of where the material that you claim is infringing is located
- Your address, telephone number, and e-mail 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, signed and made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
To make a claim of copyright infringement, please contact our copyright agent:
Milana Homsi
Trusted Opinion Copyright Agent
c/o Wilson Sonsini Goodrich & Rosati
One Market, Spear Tower
Suite 3300
San Francisco, CA 94105-1126
Phone | 415-947-2000
Fax | 415-947-2099
mhomsi@wsgr.com
6. International users
Trusted Opinion is operated in and abides by the laws of the United States. If you are a user from another country, you agree to comply with all local rules regarding online content and conduct. We make no representation that content on this site is appropriate for use in other jurisdictions. Access to Trusted Opinion from jurisdictions where such content is illegal is prohibited.
7. Disclaimer of Warranties
By using this Service or visiting this Website you expressly understand and agree that Trusted Opinion provides this Service, and all content, information and products "as is," with no warranties whatsoever. Trusted Opinion and its affiliates expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Trusted Opinion and its affiliates disclaim any warranties regarding the accuracy, operability, availability, security, reliability, timeliness or ongoing performance of the Service or content therein and disclaim any responsibility for the deletion or failure to store any content.
Trusted Opinion and its affiliates disclaim, any warranties for any recommendations, information or advice obtained through the Services or through any hyperlinks provided by the Service. Trusted Opinion disclaims any warranties for services or goods received through, recommended, reviewed or advertised on the Service or received through any links provided by the Service. You understand and agree that you use this Website and download or otherwise obtain content, material or data through the use of Trusted Opinion totally at your own risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Some states or other jurisdictions do not allow the exclusion of implied warranties so the above exclusions may not apply to you.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TRUSTED OPINION OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE CONTENT OR SERVICES ON THIS WEBSITE, OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF TRUSTED OPINION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY RECOMMENDATIONS, ADVICE, INFORMATION, SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON TRUSTED OPINION OR RECEIVED THROUGH ANY HYPERLINKS PROVIDED IN THE SERVICE, OR ANY DEFAMATORY STATEMENTS MADE BY USERS ON THE SERVICE.
WITHOUT LIMITING THE FOREGOING, TRUSTED OPINION SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY. TRUSTED OPINION SHALL HAVE NO LIABILITY FOR THE UNAVAILABILITY OF THE WEBSITE AND SERVICE DURING ANY PERIODIC DOWNTIME FOR MAINTENANCE OR OTHER PURPOSES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL TRUSTED OPINION'S TOTAL CUMULATIVE LIABILITY EXCEED US$50.
9. General Terms
(a) Applicable Law
These Terms are governed by and construed in accordance with the laws of the state of New Jersey, without regard to conflicts of law principles. The state or federal courts of Santa Clara County, California shall have exclusive jurisdiction and venue over any disputes arising out of these Terms or the Service and both parties consent to the jurisdiction thereof.
(b) Severability of Terms
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be invalid, illegal or unenforceable, the remainder of the Terms will continue in full force and effect.
(c) Entire Agreement
These Terms of Service constitute the entire agreement between the you, the user and Trusted Opinion with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Trusted Opinion.
(d) Indemnity
By using the Service, you agree to indemnify and hold Trusted Opinion, its successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, or your violation of any rights of another party. As well, you agree that you will indemnify Trusted Opinion or its affiliates for all claims resulting from any profiles, content and reviews you supply.
(e) Assignment of Terms
These Terms many be assigned by Trusted Opinion at any time and without notice and shall inure to the benefit of Trusted Opinion, its successors and assigns. These Terms may not be assigned by any Trusted Opinion user.