1. Short Title.
Exclusion: You may not participate in the LVP if you are currently in litigation against PC, have previously been engaged in litigation with PC (or its predecessors in interest), or if you have threatened legal action against PC. In the event that you meet any of these conditions, PC will transmit that information to the Third-Party Neutral, and the Third-Party Neutral specifically does not have the power to adjudicate any dispute involving a party that meets any of these conditions.
The Third-Party Neutral’s involvement in the LVP does not constitute an attorney-client relationship with PC, the Complainant or the Poster, and neither PC, the Complainant nor the Poster shall construe or attempt to construe the Third-Party Neutral’s actions in connection with the dispute resolution process described in the LVP Rules as constituting an attorney-client relationship with any such person.
The LVP utilizes a two-tiered fee structure based on the number of Posts in dispute. If 1 Post of a Poster is in dispute, the fee charged to the Complainant for filing a Complaint shall be $1,200.00. If multiple Posts, up to 5, of a Poster are in dispute, the fee charged to the Complainant for filing a Complaint shall be $2,000.00. If more than 5 Posts are in dispute, the Complainant must contact email@example.com for a fee quote prior to filing a Complaint. The LVP applies only to the cases when the Complainant wishes to remove 10 Posts or less.
The Complaint consists of (i) the completed Complaint Form, and (ii) any supporting documents (including witness statements) attached to the Complaint. The complaint and attachments cannot exceed 20 pages in total. If the complaint and the attachments exceed 20 pages, the Third-Party Neutral has the discretion to disregard the additional pages. The Complaint must be signed by the Complainant (if an individual) or an authorized representative of the Complainant (if the Complainant is a business entity). The completed Complaint must be e-mailed in PDF format to PC at the following e-mail address: firstname.lastname@example.org. See Legitimacy Verification Program (LVP) Complaint Form Instructions for more detail.
Upon receipt of a Complaint, PC will forward it to the Third-Party Neutral. Within five business days of receiving the Complaint, the Third-Party Neutral will e-mail to the Complainant a letter with instructions for paying the Third-Party Neutral applicable fee described in paragraph 4 of the LVP Rules (the "Fee Letter"). The Third-Party Neutral will determine if the Complaint has been properly completed. If the Third-Party Neutral determines that the Complaint has not been properly completed, the Third-Party Neutral will notify the Complainant of the deficiency by e-mail within five business days after receiving the Complaint. Complainant will then have five business days to correct the deficiency by resubmitting a properly completed Complaint. A unique identification number (the “LVP ID”) will then be assigned to the Complaint.
Within five business days of receiving the Fee Letter from the Third-Party Neutral, the Complainant shall pay the Third-Party Neutral the applicable fee in full in accordance with the payment instructions set forth in the Fee Letter.
a. Complainant to Notify Poster. Within 5 business days of receiving the payment referenced in paragraph 7 of the LVP Rules, the Third-Party Neutral will e-mail the Complainant a letter (the “Notice of Complaint Letter”) instructing the Complainant to post the following “Notice of Complaint” in the comment section of the Post or Posts at issue:
Please take notice that Complainant has initiated a Complaint against this Post due to alleged violations of Pissed Consumer's Terms of Service pursuant to Pissed Consumer’s Legitimacy Verification Program. To receive a copy of the Complaint send an email that includes the review number for this Post to email@example.com requesting a copy. You, the Poster, have a right to respond to the Complaint to establish the truth of the Post’s statements. If you intend to respond, you have 20 days from the date when this Notice was posted to answer the Complaint. Your Answer must be submitted within 20 days from the date when this Notice was posted. Failure to submit an Answer within 20 days waives your right to participate in the Legitimacy Verification Program as to this particular Complaint.
All Legitimacy Verification Program disputes are decided by an independent attorney who is not employee of Pissed Consumer and whose firm has contracted with Pissed Consumer to provide attorneys who will serve as Third-Party Neutrals in conformity with the rules of the Legitimacy Verification Program. Pissed Consumer WILL NOT reveal your identify or email address to Complainant without your express consent or pursuant to a subpoena or court order.
For more information regarding the Legitimacy Verification Program, please refer to the program’s rules found at https://www.pissedconsumer.com/static/legitimacy-verification-program-rules-and-conditions.html.
Please note that username/ nickname you use to post the notice will remain on the page.
The Notice of Complaint Letter from the Third-Party Neutral shall also instruct the Complainant to send e-mail to the Third-Party Neutral at the e-mail address set forth in such letter within five business days of posting the Notice of Complaint in substantially the following form:
[Name of Complainant] (the “Complainant”) certifies the following facts to [Insert name of Third-Party Neutral identified in the Notice of Complaint Letter] (the “Third Party Neutral”);
1. Complainant initiated a Complaint in accordance with the terms and conditions of Pissed Consumer’s Legitimacy Verification Program.
2. The relevant Complaint has been assigned the following review number: [Insert the review number set forth in the Notice of Complaint Letter].
3. In accordance with the instructions set forth in the Notice of Complaint Letter, on [insert date of posting the Notice of Complaint], Complainant posted the Notice of Complaint in the comment section of each Post that is the subject matter of the Complainant’s Complaint.
b. Third-Party Neutral to Notify Poster. In addition to the notification procedure described in 8.a above, when available, PC will provide the Third-Party Neutral with the e-mail address of the Poster. When PC provides the Third-Party Neutral with an e-mail address, within 5 business days of the Complainant e-mailing the “Certification of Posting of Notice of Complaint” to the Third-Party Neutral, described in 8.a above, the Third-Party Neutral will e-mail a copy of the Complaint and the Answer form to the e-mail address provided by PC. The text of the e-mail shall read, in substantive part, as follows:
“[insert Post’s title]”, found at [insert link to Post] (the “Post”) posted by you on PissedConsumer.com <https://www.pissedconsumer.com> (“PC”) has been the subject of a Legitimacy Verification Program (the “LVP”) Complaint (for a full overview of the LVP please see the LVP Rules and Conditions at <https://www.pissedconsumer.com/static/legitimacy-verification-program-rules-and-conditions.html>). A copy of the Complaint is attached hereto for your convenience.
If you wish to respond to the Complaint, you have 20 days from the date the “Notice of Complaint” was published as a comment to the Post. In order to respond, please review the LVP Rules and Conditions, complete and submit your Answer by following this link [insert a URL containing corresponding LVP ID].
All Legitimacy Verification Program disputes are decided by an independent attorney who is not employee of Pissed Consumer and whose firm has contracted with Pissed Consumer to provide attorneys who will serve as Third-Party Neutrals in conformity with the rules of the Legitimacy Verification Program. Pissed Consumer WILL NOT reveal your identify or email address to Complainant without your express consent or pursuant to a subpoena or court order."
From the date the Notice of Complaint described in paragraph 8 is posted by the Complainant and published by PissedConsumer.com, the Poster will have 20 days to submit an Answer to the Complaint. If the Poster fails to submit an Answer within such 20 days period, the Poster will be deemed to have irrevocably waived its right to participate in the LVP in connection with the Complaint. The Answer consists of (i) the completed Answer Form (you may also complete it online, if the Third-Party Neutral emailed you a corresponding link - please see 8.b above), and (ii) any supporting documents (including witness statements) attached to the answer. The answer and attachments cannot exceed 20 pages in total. If the answer and the attachments exceed 20 pages, the Third-Party Neutral has the discretion to disregard the additional pages. As discussed in paragraph 10, the Poster may submit its Answer on an anonymous basis. The Poster has the option to either sign the completed Answer or elect not to sign the Answer in order to preserve the Poster’s anonymity. The completed Answer must be timely e-mailed in PDF format (the LVP ID must be included in the subject line of the email) or submitted using an online form. Within five business days of receiving a completed Answer, PC will e-mail the Answer to the Third-Party Neutral and Complainant. See Legitimacy Verification Program (LVP) Answer Form Instructions for more details.
PC respects the anonymity of the Poster. Accordingly, a Poster may answer a Complaint without disclosing its name or phone number, or email to the Complainant. However, the Poster must disclose at least his/her email address to PC and the Third-Party Neutral to participate in the LVP process. If the Poster signs the Answer with his/her name or otherwise includes identifying information in the text of the Answer, the Poster acknowledges that PC will be authorized to send the Answer to the Third-Party Neutral in accordance with the LVP Rules. The Third-Party Neutral has discretion to give less weight to a Poster’s Answer that is submitted without disclosure of a Poster's name.
Although the Poster has no obligation under the LVP Rules to disclose the name or phone number, if the Poster elects to participate in the LVP by submitting the Answer to PC, the Poster is required to include his/her e-mail address in the Answer Form. That address is needed so that the decision of the Third-Party Neutral can be communicated to the Poster.
If the Poster chooses to reveal its name and phone number to PC and the Third-Party Neutral, neither the Third-Party Neutral nor PC will disclose the Poster’s name or phone number to the Complainant or anyone else; provided, however, that the Third-Party Neutral or PC may disclose identifying information of the Poster to the extent required by a court order, subpoena or similar investigative demand.
The Third-Party Neutral will e-mail PC, Complainant, and the Poster (if Poster consented to PC disclosing the Poster’s e-mail address to the Third-Party Neutral) of its decision within 10 business days of receiving the Answer or, if the Poster failed to submit an Answer, within 10 business days of the expiration of the 20 day deadline for submitting an Answer. PC shall implement the decision of the Third-Party Neutral within 30 days.
Examples of LVP Decisions
The Third-Party Neutral’s decision is final and neither the Complainant nor the Poster shall have any right of appeal.
If (a) the same Poster republishes an identical Post or a Post substantially similar to an original Post removed or redacted in connection with the LVP on Pissedconsumer.com, or (b) a different Poster reposts an identical Post or a Post substantially similar to an original Post removed or modified in connection with the LVP (a “Repost”), the Complainant may, within 30 days of the Repost’s publication, request removal of the Repost from Pissedconsumer.com. Complainant may make this request by emailing firstname.lastname@example.org. The removal request must (i) identify each Repost by its URL, (ii) the date of the LVP decision removing or modifying the original Post, and (iii) the LVP Case ID. Upon receipt of the Complaint and PC’s determination that the Repost is identical or substantially similar the original Post, PC will remove or redact the Repost in a manner consistent with the original decision of the Third-Party Neutral. The decision as to whether the Repost is either identical or substantially similar to the original Post will be in the sole discretion of PC. This paragraph applies to the reposting of Reposts removed or modified under this paragraph. This paragraph will not apply where the Repost in issue was published more than 6 months after the date of the original LVP decision.
Please note that the LVP applies only to the cases when the Complainant wishes to remove 10 Posts or less. In the event the Complainant wishes to remove more than 10 Posts, PC will only accept a corresponding Court Order (please refer to Legal Information, section “A valid court order” - https://www.pissedconsumer.com/static/legal-information.html) Once the Complainant utilized the LVP for 10 Posts, such a Complainant may use the LVP again no earlier than upon the expiration of 6 months from the date of submission of the previous Complaint to PC.
The Third-Party Neutral shall maintain all records associated with a LVP proceeding for a period of 6 months from the date of the Third-Party Neutral’s decision.
Neither the Poster nor the Complainant should provide proprietary or non-public information in connection with the LVP program. Such information will be available to PC, the Third-Party Neutral, the Complainant, and the Poster.
By initiating a Complaint or taking part in the LVP program, Complainant and Poster each waive any and all claims and causes of action, actual and potential, known and unknown, against PC and/or the Third-Party Neutral relating to the subject matter of a Complaint and the Posts that are the subject of the Complaint, accruing from the beginning of time until the conclusion of the LVP action with respect to the Complaint at issue. Further, neither PC nor the Third-Party Neutral is liable to either the Poster or the Complainant for any act or omission in connection with the LVP program. IN NO EVENT WILL PC OR THE THIRD-PARTY NEUTRAL BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTIONS, LOSS OF DATA OR ANY OTHER DAMAGES RESULTING FROM PARTICIPATION IN OR RELIANCE ON THE INFORMATION VIEWED REGARDING THE LVP PROGRAM, EVEN IF PC OR THE THIRD-PARTY NEUTRAL IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. PC and/or the Third-Party Neutral’s maximum liability arising out of or in connection with the LVP Program, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the LVP fee paid, or fifty dollars ($50), whichever is more. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
The Third-Party Neutral is entitled to full immunity from any and all civil liability for failure to exercise care or skill in connection with the LVP proceedings.
The LVP Rules may be amended from time to time. The version of the LVP Rules in effect at PC’s receipt of a Complaint shall be the applicable version.
If the Complainant fails to comply with any of the LVP Rules, the Third-Party Neutral may, in the Third-Party Neutral’s sole discretion, request compliance of the Complainant, dismiss the Complaint, or waive the non-compliance.
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 and/or using the Site or the Services in any other manner, 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.
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.
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.
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.
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.
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: email@example.com.
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.
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.
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. All such information or content constitutes subjective opinion of poster(s).
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.
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.
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: firstname.lastname@example.org You may also contact Our customer service department at: email@example.com or mail at:Consumer Opinion LLC 1930 Village Center Circle #3-6853 Las Vegas, NV 89134
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.
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.
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.