Terms of Service

 

Terms of Service

Last Modified: June 21, 2016

1. Pissed Consumer Terms & Conditions

www.PissedConsumer.com (the “Site”, “We”, “Us”, “Our”) is an online forum created to help keep consumers informed.

We are located in Las Vegas, NV. Mailing address is:

Consumer Opinion LLC

1930 Village Center Circle #3-6853

Las Vegas, NV 89134

This Terms of Service govern the information posters’ (“You”, “Your”) use of the Site and form a binding legal agreement ("Agreement") between You and Us. Through the use of this Agreement, We are placing legal conditions on Your use of the Site and its services (the “Services”), and making certain promises to You. Please read the Agreement carefully prior to using the Site and/or the Services.

You are solely responsible for the content or information, including, without limitation, the title and body of the post, You publish or display (hereinafter, "post") anywhere on the Site. By submitting the post or using the Site or the Services in any other manner, You agree to be bound by the terms and conditions of this Agreement (the "Terms"). You must agree to all of the Terms in this Agreement. If you do not agree to the Terms, You are not permitted to use the Site and the Services. If You do not understand all of the terms in this Agreement, then You may wish to consult with an attorney before using the Services.

We reserve the right, at Our sole discretion, to change, modify, add the Terms or portions of the Terms or remove portions of the Terms, at any time. You are responsible for checking the Terms for changes. Your continued use of the Site following the posting of changes shall mean that You accept and agree to the changes. Persons who are under 14 years old may not use either the Site or the Services in any manner.  By submitting a post, You represent and warrant that You are at least 14 years old.

We reserve the right to immediately suspend or terminate Your registration with the Site and remove Your posts, without notice, upon any breach of this Agreement by You which is brought to Our attention.

Your registration with the Site is for Your sole, personal use. You may not authorize others to use Your user identification, password or any of the MD5 hashing algorithms (please see Our Privacy Policy, section “Cookies”), and You may not assign or otherwise transfer Your account to any other person or entity.

You understand that Your use of the Site is at your own risk, and that such use may expose You to content that may be offensive, objectionable, or otherwise inappropriate. In no event shall We be liable to anyone for any delays, inaccuracies, errors or omissions related to content on the Site, or any harm related to use or transmission of such content.

By creating an account or providing Your email address, you agree to receive certain communications in connection with the Site and the Services, including, but not limited to email letters with information and notifications.

2. Online Conduct

You may post content on the Site without creating an account with Us.

You will not post on the Site any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, pornographic, spam, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). You will use the Site in a manner consistent with any and all applicable laws and regulations. By posting information on the Site, You warrant and represent that the information is truthful and accurate, to the best of Your knowledge.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and except as otherwise permitted by law. You understand that We neither do police nor have any legal obligation to police any content on the Site to an extent any greater than required by applicable laws and regulations.

You certify that Your review is based on Your own experience, is Your genuine opinion of product or service, and that You will not impersonate another person or entity. You warrant and represent that you have not been offered any incentive or payment to review any business or person on the Site. You understand that PC has a zero-tolerance policy on untruthful reviews.

You will not use the Site for any commercial purpose, including, but not limited to promoting business or other commercial venture or otherwise using the Site to promote any commercial purposes.

NO THIRD PARTY BENEFICIARIES: If You are not a signatory to the Agreement, then You enjoy no benefits under it.  Therefore, You have no standing to complain if You believe that We are in violation of the Terms. If You would like to claim any benefit under the Agreement, You may contact Us to negotiate an agreement that will give You that right.  Please use Our "Contact Us" form to engage in discussions that may lead to such a separate agreement.  In the absence of such an agreement, You should be advised that no third party has any rights under this Agreement or under this paragraph.

3. Indemnification

You will defend, indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, demands, losses, costs, liabilities and expenses (including, but not limited to reasonable attorneys' fees) relating to or arising out of Your use of the Site, including, but not limited to, any breach by You of the Terms of the Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, provided that You shall remain liable for any such claim.

4. Removal of Information

At present, We do not remove the existing accounts created on the Site. If You wish to create a new account, You may do it at any time. We do not offer You the opportunity to edit prior posts. If You wish to request removal of a prior post, You need to submit a Notarized Letter, a Court Order or participate in an LVP. You shall acknowledge that the same rules apply to removal of cross-posts of Your posts from Our pages in any and all social networks. For more details regarding removal of information please visit Our FAQ.

You can add supplemental information to the review if the review was created under your account (please also see Our Privacy Policy, section “Cookies”).

We are a provider of the Site, which is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Thus, we will not be treated as the publisher or speaker of any tortious content posted to the Site.

While We do not and cannot review every message posted by users of the Service, and are not responsible for any content of these messages, We reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.

In the event you notice any such information on the Site, please report it using the “Report” button located in the bottom right-hand corner under all reviews or contact Our customer service department at: help@pissedconsumer.com.

5. Proprietary Rights/Grant of Exclusive Rights

By posting information or content to any public area of the Site, You automatically grant, and You represent and warrant that You have the right to grant to Us an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You also expressly authorize Us to share any posted information with third parties at Our own discretion. We reserve the right to share any information posted by You on the Site on Our pages in any and all social networks.

6. Information Supplied by You

Except as provided otherwise in its privacy policy, We will keep confidential all information supplied by You to Us, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. For more information please see Our Privacy Policy which shall be construed as an integral part of this Agreement.

7. Disclaimer of Warranty

We provide the Services on an "as is" basis and grant no warranties of any kind, express, implied, statutory, in connection with the Site or the Services, or in connection with any communication with Us or Our representatives, or otherwise with respect to the Site. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site’s connection to the Internet will be secure, uninterrupted, always available, or error-free, or will meet Your requirements, or that any defects in the Site will be corrected.

8. Limitation of Liability

In no event shall We be liable to any party for any damages, including, but not limited to any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to damages for loss of business profits, business interruption, loss of programs or information or loss of profits) or any other damages arising in any way out of the availability, use, reliance on, inability to utilize or improper use of the Services, even if We have been advised of the possibility of such damages, and regardless of the form of action or omission of action, whether in contract, tort, or otherwise.

We do not guarantee accuracy, completeness, or usefulness of any content or information, including, but not limited to opinions, advice, statements and offers made available through the Site, and neither adopt nor endorse nor are responsible for accuracy or reliability of any such information or content. Under no circumstances shall We be responsible for any loss or damage resulting from anyone’s reliance on any information or content posted on the Site.

9. State by State Variations        

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to You.

10. General Provisions

You agree that Nevada law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Nevada, and that You submit to the exclusive jurisdiction of the federal and state courts in the State of Nevada in connection with the Site or this Agreement. This Agreement, accepted upon registering on the Site or submitting a post, contains the entire agreement between You and Us regarding the use of the Site. Unless otherwise explicitly stated, the Terms will survive termination of Your registration with the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

11. Copyright Policy/Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement/DMCA Notices

We will terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to the Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties.

If You believe that Your copyright has been infringed through the use of PC, please contact Our designated agent at: copyright@pissedconsumer.com You may also contact Our customer service department at: help@pissedconsumer.com or mail at:

Consumer Opinion LLC

1930 Village Center Circle #3-6853

Las Vegas, NV 89134

12. Access to the Services

We grant You a limited, revocable, nonexclusive license to access the Services for Your own personal use.  This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Us. In order to make any derivative use of the Services or any content made available via the Services for other purposes (including commercial purposes) not stated herein, You must first obtain a license from Us. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in review/complaints listings, reputation management, search optimization or social media monitoring.

Use of the Services beyond the scope of authorized access granted to You by Us immediately terminates said permission or license. 

13. Premium Review Subscription

In the past We provided Our users with the Premium Review Subscription service. Therefore, You may see certain reviews on the Site marked accordingly. However, this service is no longer available for new subscribers.

14. Our Paid Services for Companies

We are not a government agency and may charge fees for companies to use certain features of the Site. For more information please see Business Solutions that We offer.

 
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