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BizRate.com Member Agreement
PLEASE READ THE FOLLOWING BIZRATE.COM MEMBER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS
AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE ACCESSING YOUR MEMBERSHIP ACCOUNT ON OUR WEB SITE
OR USING OUR OTHER MEMBER SERVICES. By using our Web site, membership account
or other member services, you agree to this Member Agreement. If you do not
agree to this Member Agreement, you may not use your membership
account or other member services. We reserve the right, at any time, to
modify, alter, or update the terms of this Member Agreement, and you agree to
be bound by such modifications, alterations, or updates once they are posted
on our Web site.
1. User Agreement.
The terms of this Member Agreement are in addition to, but do not supersede,
the general User Agreement that applies to everyone who accesses our Web site or
other services, whether or not they become a BizRate.com Member. We encourage
you to read the general User Agreement by clicking on the link at the bottom of
any page of our Web site. By agreeing to this Member Agreement, you are also
confirming your agreement to the general User Agreement as if they were set forth
in this Member Agreement in full.
2. Eligibility.
You must be an individual, 18 years of age or older. You may maintain only one account.
Any duplicate accounts will be subject to cancellation. Furthermore, any attempts
to violate this Agreement or to defraud us, including but not limited to through
the usage of machines, automated services, duplicate or secondary email accounts
or false names or other information, will result in termination from any member
benefits. Corporations or other business entities are not eligible to become
members.
3. Access.
Member benefits are only available via access to our Web site
(http://www.bizrate.com) or other services.
You must have Internet access and an email address to be eligible to receive
the privileges and benefits of membership. We are not responsible for your inability
to connect to the Internet, log into our Web site, or access your BizRate.com
account.
4. Termination.
We have the right to terminate your access to our Web site
and our other services and/or delete your account if you breach any of these terms
and conditions or if we believe that your ID or password has been stolen or otherwise
compromised.
5. Account Access and Password.
Upon registration as a BizRate.com Member, you must select a BizRate.com
username ("ID") and a password that will allow you to access your BizRate.com
account (via our Web site) and update your profile
information. You must be logged into the site, using your ID and password, to
access your account. You may check your account status at any time you are able
to access the site. You authorize BizRate.com to act on instructions received
under your ID and password, and you are fully responsible for all transactions
and other activities that occur under your ID and password. For security purposes,
it is recommended that you memorize your password, and do not write it down.
You are responsible for keeping your ID, password, and other account information
confidential. You agree to immediately notify us of any actual or suspected
unauthorized use of your ID or password or any BizRate.com services.
6. Legal Disclaimer.
BizRate.com shall not be held responsible or liable for any actions taken, either
wholly or in part, based on the information provided on BizRate.com, or for
any loss, damage, expense or injury resulting from any transactions conducted
with any online merchant or other third party listed on BizRate.com. The information,
services, products, and materials contained in this Web site or available through
our other services, including, without limitation, all text, graphics, and links,
are provided on an "AS IS" basis. To the maximum extent permitted by law, BIZRATE.COM
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well
as representations and warranties of title, non-infringement, freedom from computer
viruses, worms, and other operating problems, and implied warranties arising
from course of dealing or course of performance. Some states may not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to you. You may also
have other legal rights that vary from state to state.
In addition, since BizRate.com
cannot verify all information provided by online merchants and other third parties
and errors in gathering or reporting such information may occur due to the large volume
of merchants with many different products and services,
BizRate.com does not represent or warrant that the information accessible via
our Web site or other services is always accurate, complete or current, and shall
not be liable for or responsible to honor (or to cause any merchant to honor) any
erroneous information regarding the price, description and availability of, or any
discounts, offers, promotions, and coupons relating to, and product or service offerings
available on our Web site or through our other services. Furthermore, due to the dynamic
nature of online shopping, all information regarding such matters is subject to change without notice.
BIZRATE.COM SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS,
DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THORUGH YOUR RELIANCE UPON INFORMATION OBTAINED
FROM OR THROUGH BIZRATE.COM'S SERVICES OR YOUR USE OF ANY THIRD PARTY
PRODUCTS OR SERVICES, whether or not they were accessed via our Web site or
other services.
7. Liability Limitations.
In no event shall BizRate.com or its affiliates or agents (the "BizRate
Parties") be liable, whether in an action under contract, negligence, or any
other theory, arising out of or in connection with the use, inability to use,
or performance of the information, services, products, and materials available
from this Web site or through our other services, in an amount greater than
the lower of (i) the price of the merchandise or service involved in the transaction
or proposed transaction as to which one or more BizRate Parties is held
to be negligent or otherwise responsible, or (ii) if no such merchandise or
service is involved, or if the value thereof would exceed $100, then a maximum
liability limitation of $100 in the aggregate. You and we agree that this
is a fair allocation of risk based upon the manner and cost by which BizRate.com's
services are provided to you, and taking into account your ability to take other
measures or consult other resources in connection with purchasing goods and
services online. FURTHERMORE, IN NO EVENT SHALL THE BIZRATE PARTIES
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if we have been previously advised
of the possibility of such damages. These limitations shall apply notwithstanding
to any failure of essential purpose of any limited remedy. Some states
may not allow the exclusion or limitation of liability for consequential or incidental
damages, so the above limitations may not apply to you.
8. Third-Party Sites.
Our Web site or other services may include links to other sites on the Internet
that are owned and operated by online merchants, survey incentive vendors, and other third parties. You
acknowledge that we are not responsible for the availability of, or the content
located on or through, any third-party site. You should contact the site administrator
or Webmaster for those third-party sites if you have any concerns regarding
such links or the content located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we are not responsible therefor.
In certain areas on our site, we may
join forces with a reputable third-party source of specialized information and other content
so that you can quickly and easily make informed decisions about such products and services. In
each of these areas, the BizRate.com header will note that the services are "Powered by" or "By" the
third-party. This indicates that the content resides on the third party's servers and
your use of those services is governed by that company's privacy policies and terms of use, which
you can access at the bottom of each page in those areas. We recommend that you always review
their privacy policies and terms of use before you complete any transaction with them. This
Member Agreement and our User Agreement (but not our privacy policies) also apply as between you
and BizRate.com with respect to your use of those third-party services accessed through our site.
9. Dispute Resolution.
We will do our best to resolve any problems or issues that you may have with
us or our services in a satisfactory manner. If, however, we are unable to reach
a mutually satisfactory resolution, each of us agrees that any claim or controversy
between us, or arising in any way out of the use or operation of our Web site
or other services, or any information, services, products, and materials contained
in this site or available through our other services, shall be resolved by binding
arbitration before a single arbitrator of the American Arbitration Association
(AAA) in Los Angeles, California, under the rules and procedures of the AAA.
The arbitrator shall have authority to resolve all matters in dispute between
us (subject to the legal disclaimer and liability limitations set forth above),
including the applicability, scope and binding effect of this arbitration agreement,
and to award arbitration costs and expenses to the prevailing party as determined
by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary
or injunctive remedies in an appropriate judicial forum pending the decision
of the arbitrator, without waiving the right or affecting the obligation to
arbitrate hereunder.
10. Other Terms.
Our Web site and other services are operated and provided in the State of California,
USA. As such, we are subject to the laws of the State of California, and such
laws will govern this Agreement, without giving effect to any choice of law
rules. We make no representation that our Web site or other services are appropriate,
legal or available for use in other locations. Accordingly, if you choose to
access our site or other services, you agree to do so subject to the internal
laws of the State of California. You are in the best position to know whether
your use of our site or other services may be prohibited or restricted by local
laws in your location, and therefore are responsible for compliance with any
such laws. We do not guarantee continuous, uninterrupted or secure access to our Web site
or other services, and operation of our Web site or other services may be interfered with
or adversely affected by numerous factors or circumstances outside of our control.
This is the entire agreement and understanding between us regarding
the subject matter hereof, and may only be modified as provided above. If any
provision of this Agreement shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-unenforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum
permissible extent. This Agreement shall apply in addition to, and shall not
be superseded by, any other written agreement between us relating to your participation
as a BizRate.com Member or participation in any other program or service offered
by BizRate.com, but in the event of any direct conflict this Agreement shall
prevail.
This Member Agreement was last modified on September 27, 2004.
© 2004 BizRate.com
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