Last Modified: July 21, 2022
www.PissedConsumer.com is an online forum created to help keep consumers informed.
“Company” shall mean an entity that subscribes to Bronze Plan or Silver Plan on the Site.
“Agency” shall mean an entity authorized by a Company to act on behalf of the Company with matters that relate to the Site and/or one of the Subscriptions.
Customer Service Representative(s) (“CSR”, “CSRs”) shall mean any user created and authorized by the Company or Agency to act on behalf of the Company or Agency (to the extent specified in these Terms and the Agreement, Customer Service Representatives may be amounted to and considered posters (“You”, “Your”) as initially defined in the Agreement).
"You”, other than stated above, shall mean Company, Agency, and/or CSRs.
Pissed Consumer Bronze Plan and Silver Plan subscriptions are being offered to You, and expressly conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. Any and all use of the Site and/or the Services by You constitutes Your agreement to all such terms, conditions and notices of these Terms.
You may only participate in the Subscriptions if You are at least 21 years of age and can enter into binding contracts on behalf of a Company/Agency. You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be accountable for all uses of the Site and the Services by You, by anyone using Your password and login information.
You are solely responsible for the content and/or information You publish or display on the Site. By submitting such information, You agree to be bound by the Agreement and the Terms.
The Terms are subject to change by Us, at any time, without notice, effective upon posting of a link to same on the Site. We reserve the right to immediately suspend or terminate Your registration with Us and remove Your posts, without notice, upon any breach of these Terms by You.
In addition to the provisions of the Terms and the Agreement, You may not use the Site: to post or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, unlawful, threatening, libelous or illegal material, private financial information, including but not limited to social security number or credit card, 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) or any other purpose that is unlawful or prohibited by the Agreement and/or the Terms. We may, at any time and without advance notice or liability, terminate or restrict Your access to all or any component of the Site.
Opinions, advice, statements, offers, or other information or content made available through the Site are those of their respective authors and not of the Site, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site; and neither adopt nor endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances shall We be responsible for any loss or damage resulting from anyone’s reliance on information or other content on the Site. The Terms apply to any recommendations, opinions, reviews, guides, illustrations, graphics, logos, images, information, data, comments, ideas or other materials posted by You or CSRs (“Submitted Content”). You agree that You are responsible for the Submitted Content, and We disclaim any responsibility and assume no liability with respect to the Submitted Content.
You will defend, indemnify, and hold harmless Us, Our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of Your participation in any of the Subscriptions, including but not limited to, any breach by You of the Terms and/or of the Agreement.
We make no warranties of any kind about the suitability, reliability, availability and accuracy of the information, products, services and related graphics contained within the Site for any purpose. All information, software, products and services are provided “as is” without warranty of any kind. We hereby disclaim all warranties with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. We shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received or any transactions entered into through the Site. We are not responsible for any content sent in/within the Site by any third party.
In no event shall We be liable for any injury, loss, claim, damage or any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site, provision of or failure to provide services or for any information, software, products, services obtained through the Site or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.
Unless otherwise provided within these Terms, You may not do any of the following without Our prior written consent: (a) use or access the Site in any way that adversely affects the performance of the Site; (b) imply that We are endorsing Your service(s) or product(s); (c) upload or transmit to the Site or use any device that contains viruses, or other computer programs that may damage or interfere with the normal operation of the Site or that infringe upon the rights of a third party.
These Terms and performance of these Terms shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts in the State of New York in connection with the Site and/or these Terms. The Terms, accepted upon registering for any of the Subscriptions, contain the entire agreement between You and Us regarding the use of the Site. These Terms may only be amended upon notice by Us to You, or by a writing signed by You and an authorized official of Ours. Unless otherwise explicitly stated, the Terms will survive termination of Your registration with Us. If any provision of the Terms is held invalid, the remainder of the Terms shall continue in full force and effect.
Resolution of Disputes
(a) Definition. A claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of the Terms, payment of money, extension of time or other relief with respect to the provisions of the Terms. The term “claim” also includes other disputes and matters in question between Us and You arising out of or relating to the Terms. Claims must be initiated by a written notice. The responsibility to substantiate the claim, either in fact or at law, shall rest with the party making the claim.
(b) Arbitration. Any claim arising out of or related to these Terms shall, after decision by Us or 30 days after submission of the claim to Us, be subject to arbitration at Our sole election.
(c) Condition Precedent to Arbitration or Claim. You agree to refer all claims, including those alleging an error or omission by Us, in writing prior to initiation of any claim or action by any outside tribunal, agency or court. You and Us agree that Your request for and issuance of an initial recommendation by Us which shall be made within 10 days of receipt of such a request as set forth below, is a condition precedent for You to arbitrate or otherwise seek other relief for any claim.
i. Timing. Within ten (10) days of the receipt of a claim We shall take one or more of the following actions: (1) request additional supporting data from You; (2) reject the claim in whole or in part; (3) approve the claim; (4) suggest a compromise, or (5) advise You that We are unable to resolve Your claim on the basis that We lack sufficient information to evaluate the merits of the claim or if We conclude that, in Our sole discretion, it would be inappropriate for Us to resolve the claim.
ii. Claim Evaluation. If We request You to provide a response to a claim or to furnish additional supporting data, You shall within ten (10) days after receipt of such a request either provide a response, advise Us in good faith as to when the response or supporting data will be furnished or advise Us that no supporting data will be furnished.
iii. Decision. Within ten (10) days of the receipt of all information requested, We will transmit in writing its approval or rejection of Your claim, stating the reasons therefore. If the written decision from Us states that the decision is final but subject to arbitration then You shall make the demand for such arbitration within 30 days of receipt of such written decision. If We render a decision after arbitration proceedings have been initiated, You hereby agree that such decision may be entered into evidence at arbitration.
iv. Following satisfaction of the conditions precedent to arbitration as set forth herein, any demand for arbitration shall be served in writing.
v. A demand for arbitration shall be made within the time limits specified above for You, and in other cases within a reasonable time after the claim has arisen, and in no event shall be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations.
vi. Claims submitted to arbitration pursuant to and upon satisfaction of the conditions set forth herein shall proceed in New York County in a forum to be determined at Our sole discretion, and, unless the You and Us mutually agree otherwise, shall be in accordance with the Commercial Arbitration Rules of the American Arbitration Association then operative, including without limitations those provisions which specifically provide that an arbitrator may award equitable measures, including injunctive relief.
vii. In any arbitration, the arbitrators shall: (1) apply the substantive law of the State of New York, except with respect to that State’s application of choice of law considerations; (2) shall not admit any evidence with respect to settlement negotiations; and (3) shall have experience in such disputes for ten (10) or more years.
(e) Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Terms shall include, by consolidation or joinder or in any other matter, Us, Our shareholders, officers, board members, sureties, partners, members, agents, insurers, trustees, employees, heirs, successors, and assigns, any other person or entity.
(f) Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded. Any such claim omitted from such a notice is deemed waived.
(g) Judgment on Final Award. The award rendered by the arbitrator (or arbitrators as the case may be) shall be final, and it may be confirmed or judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
(h) Prevailing Party. The term “prevailing party” shall be construed liberally. A finding of a prevailing party shall occur in all instances where a party succeeds in either advancing or defending a claim against another party to the Terms, and shall include those instances where party’s claims may be both granted in part and denied in part. In such cases, the arbitrator(s) shall, in their sole discretion determine a prevailing party. In making a determination of a prevailing party, the arbitrators shall use whatever reasonable means they deem appropriate in arriving at such a conclusion, but must consider: (1) the nature of the relief being requested; (2) the outcome arising from the non-prevailing party’s claims or defenses; (3) the factual and legal unreasonableness of the non-prevailing party's position; (4) the non-prevailing party’s motivation; and (5) the need to advance considerations of compensation and deterrence. Provided claims are fully adjudicated on their merits, those individuals entrusted to adjudicate the matter (be they arbitrators or a court of law) shall to the fullest extent allowable by law determine a prevailing party.
(i) Attorneys’ Fees & Costs. A prevailing party as determined above shall be entitled to recover all attorneys’ fees and costs associated with the successful advancement or defense of a claim, or claims. Notwithstanding the parties’ desire for finality in agreeing to the aforementioned arbitration agreement, each party shall maintain the right to have a court of competent jurisdiction located in the State of New York review via an action for declaratory judgment the arbitrators’ finding solely pertaining to determination of a prevailing party only. If such a court affirms the arbitrators’ determination with respect to a prevailing party, that same prevailing party as initially determined by the arbitrators and subsequently confirmed by a court of law, shall be entitled to all costs and attorneys’ fees arising from such proceedings.
Important Information Concerning Payments, Terms of Payment and Related Matters
Your credit card will be immediately charged a $1 refundable credit card validation fee. I.e. We will validate Your credit card by charging You a $1 validation fee which will then be returned to You.
After You fill in your credit card information and submit Your application, the processing time is 3 to 5 business days; i.e. You will not have immediate access to Your Subscription until Your application is processed and approved.
If Your application is approved, Your free trial will be activated, and You will get notified about it via e-mail accordingly.
Your credit card will be automatically charged at the end of Your trial period unless You cancel Your Subscription.
If Your application is rejected, Your free trial will not be activated, You will get notified about it via e-mail, and Your credit will not be charged.
For the first payment, Your credit card will not be charged the full Subscription amount until the end of Your trial period.
Your credit card will be automatically charged on a monthly or yearly basis (depending on the option You select) unless You cancel Your subscription.
If We are unable to charge Your credit card when one of Your payments is due, You will receive a corresponding notification that We are unable to charge Your card. We will continue Our attempts to charge Your credit card for 3 (three) business days following the first unsuccessful attempt. If Your credit card still does not work/cannot be charged after that, and You did not change/re-submit Your card, Your Subscription will be terminated.
You have a limited number of attempts to apply a credit card to Your Subscription.
Please note that We strive to inform You in a timely fashion about any actions occurring to Your credit card through the use of Our Site and/or Your Subscription. However, if You have any questions and/or need any details/additional information regarding Your Payment(s), please feel free to email Us at any time at the following email address: firstname.lastname@example.org