Terms of Use

Welcome to the ConsumerJournal.org website. ConsumerJournal.org is provided to you subject to your compliance with the terms and conditions set forth below (the "Agreement").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CONSUMERJOURNAL.ORG WEBSITE. BY ACCESSING OR USING CONSUMERJOURNAL.ORG, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT ACCESS OR OTHERWISE USE CONSUMERJOURNAL.ORG. THE RIGHT TO USE CONSUMERJOURNAL.ORG IS, FOR YOU, PERSONALLY AND CANNOT BE TRANSFERRED TO ANY OTHER PERSON OR ENTITY.


1. Glossary.
ConsumerJournal.org is an informative online service consisting of independent reviews and evaluations based on our judgement of work of third party experts across multiple categories, as well as presentations where consumers can obtain conclusions, recommendations or suggestions about what products or services are either 'best bets', 'top-rated', 'suggested', or in some way 'recommended', and rankings of third party reviews and other information sources across multiple categories. "Content" means the evaluations, presentations, rankings, reviews, other information, advertisements, chat room discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from any of the services contained on ConsumerJournal.org, whether such Content is owned by ConsumerJournal.org or third parties. "User" means each person who establishes or accesses a connection for access and for use of ConsumerJournal.org.

2. User Conduct.
(A) User shall use ConsumerJournal.org for lawful purposes only. User shall not post or transmit through ConsumerJournal.org any material which violates or infringes in any way upon the rights of others (including intellectual property rights), which is unlawful, threatening, abusive, defamatory, harassing, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the express prior approval of ConsumerJournal.org , contains advertising or any solicitation with respect to products or services. Any conduct by a User that in ConsumerJournal.org's discretion restricts or inhibits any other User from using or enjoying the ConsumerJournal.org website will not be permitted. User shall not use ConsumerJournal.org to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with ConsumerJournal.org.

(B) ConsumerJournal.org contains copyrighted material, trademarks of ConsumerJournal.org as well as third parties and other proprietary information, including, but not limited to, the Content, and this Content is protected under the United States copyright laws and international laws and treaties. ConsumerJournal.org owns all rights in the preparation, selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to ConsumerJournal.org. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the Content, in whole or in part. User may download the Content for User's non-commercial personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ConsumerJournal.org and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post or otherwise make available on ConsumerJournal.org any material in violation of any copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to ConsumerJournal.org, User automatically grants and warrants that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants ConsumerJournal.org the right to edit, copy, publish and distribute any material made available on ConsumerJournal.org by User.

3. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF CONSUMERJOURNAL.ORG IS AT USER'S SOLE RISK. THE CONTENT IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE OR UP-TO-DATE. CONSUMERJOURNAL.ORG IS PROVIDED ON AN "AS IS "AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

(B) NEITHER CONSUMERJOURNAL.ORG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CONSUMERJOURNAL.ORG WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CONSUMERJOURNAL.ORG, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED ON OR THROUGH CONSUMERJOURNAL.ORG. FURTHERMORE, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE CONTENT.

(C) IN NO EVENT WILL CONSUMERJOURNAL.ORG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CONSUMERJOURNAL.ORG, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR ARISING OUT OF THE USE OF OR INABILITY TO USE CONSUMERJOURNAL.ORG. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CONSUMERJOURNAL.ORG. IN ANY EVENT, CONSUMERJOURNAL.ORG'S MAXIMUM TOTAL LIABILITY TO USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF THE PRICE, IF ANY, PAID BY USER FOR ACCESS TO CONSUMERJOURNAL.ORG OR ONE CENT ($.01).

(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS DISCLAIMER FURTHER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT OR ANY OF THE PRODUCTS OR SERVICES REFERRED TO IN THE CONTENT. CONSUMERJOURNAL.ORG SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LOSSES RELATING TO ANY PRODUCTS OR SERVICES REFERRED TO AT ANY TIME IN THE CONTENT, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. USER SPECIFICALLY ACKNOWLEDGES THAT CONSUMERJOURNAL.ORG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(E) CONSUMERJOURNAL.ORG DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES IN THE CONTENT OR ANY LINKS ON CONSUMERJOURNAL.ORG TO BE ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. CONSUMERJOURNAL.ORG IS NOT AFILIATED WITH, OR SPONSORED OR ENDORSED BY ANY OTHER CONSUMER PRODUCT RATING SERVICE, AND ANY REFERENCE TO SUCH THIRD-PARTY RATING SERVICES IS SOLELY FOR THE GENERAL INFORMATION AND CONVENIENCE OF USERS USING CONSUMERJOURNAL.ORG.

4. Monitoring.
ConsumerJournal.org shall have the right, but not the obligation, to monitor the Content of ConsumerJournal.org, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ConsumerJournal.org, and to satisfy any law, regulation or authorized government request. ConsumerJournal.org shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on ConsumerJournal.org. Without limiting the foregoing, ConsumerJournal.org shall have the right to remove any material that ConsumerJournal.org, in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable.

5. Indemnification.
User agrees to defend, indemnify and hold harmless ConsumerJournal.org, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, based upon or arising out of the use of ConsumerJournal.org by User.

6. Termination.
Either ConsumerJournal.org or User may terminate this Agreement, and the right to access ConsumerJournal.org, at any time.

7. Trademarks.
All trademarks appearing on ConsumerJournal.org are the property of their respective owners.

8. Miscellaneous.
This Agreement and any operating rules for ConsumerJournal.org constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

9. Arbitration.
Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by ConsumerJournal.org for any violation of ConsumerJournal.org proprietary rights, shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of the third arbitrator, and it shall be someone who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be natural persons and shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be New York, New York, USA.

10. Privacy.
The User's privacy is important to ConsumerJournal.org. All information gathered from the User in connection with User's use of ConsumerJournal.org will be governed by the provisions of the ConsumerJournal.org Privacy Policy.