THE FOLLOWING USE AGREEMENT (the "Agreement") governs your use of consumer-insider.net Website (the "Website"). It is vitally important that you read the Agreementcarefully as your use of the Website will constitute your agreement to belegally bound by the terms and conditions set out in the Agreement. TheAgreement also governs your use of the services and goods provided through orin connection with the Website (collectively, the "Service"). Eachtime you use the Service, you acknowledge that you have read the Agreement andagree to be legally bound by it. If you do not agree to be bound by theAgreement, you may not use the Service.
The Websiteacts solely as an online marketplace for you to find and transact with otherusers, Members, consumers or sellers (the "Users") businesstransactions related to the products or services displayed on the Service orotherwise associated with the Service.
consumer-insider.netis not responsible and you agree that consumer-insider.net will bear noliability for any products, services, information or other materials displayed,purchased, or obtained by you from the Website. consumer-insider.net does notendorse, warrant or guarantee the products or services of any user of theWebsite or the Service.
consumer-insider.netis not liable for any delays, inaccuracies, errors or omissions with respect tothe information posted on the Website or submitted to the Website or thetransmission or delivery of all or any part thereof, for any damage arisingtherefrom or occasioned thereby, or for the results obtained from the use ofthe information. You assume the entire risk as to the accuracy, adequacy,completeness, currency, validity and quality of any information.Anyinformation on the Website is subject to change without notice
consumer-insider.netand Affiliates may provide links to external websites or resources for yourconvenience and reference only. consumer-insider.net and Affiliates do notendorse and are not responsible for the availability of these external websitesor resources or for any content, advertising, products, or other materials onor available from such external websites or resources. Your use of and dealingswith the owners or operators of these external websites or resources are atyour own risk. You cannot make any claim against consumer-insider.net, itsAffiliates or its service providers arising out of your use of externalwebsites or resources.
All of the material included on the Website, including but not limited to trade marks, text, graphics, logos and service marks (collectively, the" Content"), is the property of consumer-insider.net and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. In addition, the following rules apply to your use of the Service:
You certify to consumer-insider.net that you are at least 18 years of age.
You assume full responsibility for the use of the Service by any minors utilizing computers owned or operated by you or for any minors use of any password assigned to you by consumer-insider.net.
Membership registration isopen only to residents of the 50 United States and the District of Columbia
Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is also subject to applicable
You are solely responsible for the content of your transmissions and the products you buy or sell through the Service. You acknowledge and agree that consumer-insider.net does not endorse the actions, the contents of communications, or the products of the Users.
You must obtain and maintain, at your own expense, any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
You must complete all transactions you agree to complete in connection with the Service.
You agree to forward all feedback you receive regarding the Service to consumer-insider.net when acting as a seller. In the event that you wish to provide feedback to consumer-insider .net related to your use of the Service as a consumer, please email us. We welcome consumer comments. By submitting any comments to the above email address, you give your consent to the reproduction or all or part of such comments on the Website or in consumer-insider.net marketing materials, provided that consumer-insider .net shall under no circumstances display your personally identifying data in conjunction with any use of such comments
You must abide by all of the-then current terms of consumer-insider.net's Privacy Policy as set forth on the Website and as updated from time to time by consumer-insider.net in its sole discretion.
You must not :
Please see our Privacy Policy. Byaccepting the Agreement, and each time you use the Service, you consent to consumer-insider.netcollection, use and disclosure of your information or Registration Data inaccordance with the Privacy Policy without any further notice or any liabilityto you or any other person.If any User chooses to receive data from consumer-insider.netor the Website as an XML feed or any other format offered by consumer-insider.net,such User shall develop, implement, publicly post, and at all times adhere tothe terms of a privacy policy which shall:
be available, at a minimum, as a clear and conspicuous link from the main page of such Users Web site and any Web page where visitors provide personally identifiable information.
protects the privacy of theUser Data pertaining to the consumer submitting such User Data, and
complies with all applicable laws, privacy laws, rules, regulations, statutes, ordinances and treaties.
you expressly agree that use of theservice is at your own risk. consumer-insider.net provdies the service on an"as is" basis. consumer-insider.net and its service providersexpressly disclaim all warranties of any kind, whether express or implied,including, but not limited to the implied warranties of merchantability,fitness for a particular purpose, title, and non-infringement. consumer-insider.netand its service providers make no warranty that the service will meet yourrequirements, or that the service will be uninterrupted, timely, secure, orerror free; nor do consumer-insider.net or its service providers make anywarranty as to the results that may be obtained from the use of the service, asto confidentiality or privacy of any of user's information registration data,except as set forth in the consumer-insider.net privacy policy, or as to theaccuracy or reliability of any information obtained through the service. anymaterial or data downloaded or otherwise obtained through the use of theservice is done at your own discretion and risk and you are solely responsiblefor any damage to your computer system or loss of data that results from thedownload of such material or data. consumer-insider.net and its service providersmake no warranty regarding any goods or services purchased or obtained throughthe service or any transactions entered into through the service and are notresponsible for any use of confidential or private information by merchantsselling through the service or other users. no advice or information, whetheroral or written, obtained by you from consumer-insider.net, affiliates orthrough the service, shall create any warranty not expressly made herein. somejurisdictions do not allow the exclusion of certain warranties, so some of theabove exclusions may not apply to you. while consumer-insider.net takescommercially reasonable steps to safeguard and to prevent unauthorized accessto your information and registration data, we cannot be responsible for theacts of those who gain unauthorized access, and we make no warranty, express,implied, or otherwise, that we will prevent unauthorized access to your privateinformation. in no event shall consumer-insider.net be liable for any damages(whether consequential, direct, incidental, indirect, punitive, special orotherwise) arising out of, or in any way connected with, a third party'sunauthorized access to your information or registration data, regardless ofwhether such damages are based on contract, strict liability, tort or othertheories of liability, and also regardless of whether consumer-insider.net wasgiven actual or constructive notice that damages were possible.
consumer-insider.net and itsservice providers shall not be liable for any indirect, incidental, special orconsequential damages resulting from the use or the inability to use theservice or for cost of procurement of substitute goods and services orresulting from any goods or services purchased or obtained or messages receivedor transactions entered into through the service or resulting from unauthorizedaccess to or alteration of your transmissions or data, including but notlimited to, damages for loss of profits, use, data or other intangible, even ifconsumer-insider.net or its service providers have been advised of thepossibility of such damages. some jurisdictions do not allow the limitation orexclusion of liability for incidental or consequential damages so some of theabove limitations may not apply to you. in no event will consumer-insider.netand its service providers ever be liable to you or any other person for anyclaims, proceedings, liabilities, obligations, damages, losses, and costs,whether in contract, tort or under other fault or wrongdoing by consumer-insider.netor its service providers or any person for whom either consumer-insider.net orits service providers are responsible, in an amount exceeding the amount youpaid to consumer-insider.net for the use of the service which is the subject ofthe claim.
You agree to indemnify and hold consumer-insider.net, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. consumer-insider.net and its Service providers assume no responsibility whatsoever for such content or actions.
you hereby release, remise and forever discharge consumer-insider.net and its service providers and each of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the service.
If you breach any provision of this Agreement, you may no longer use the Service. consumer-insider.net may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If consumer-insider.net terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, consumer-insider.net may remove from the Website and permanently delete and destroy any Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
DISPUTE RESOLUTION. (The "Arbitration Clause"). In the event of a dispute, you and consumer-insider.net agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org) or JAMS, 1920 Main St., Ste. 300, Irvine, CA 92614 (www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which you reside. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. The arbitrator's award is final and binding on all parties, except that the losing party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable. You and consumer-insider.net retain the right to sue in small claims court for a dispute within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You and consumer-insider.net do not waive the right to arbitrate by filing suit.
this agreement provides that all disputes between you and consumer-insider.net will be resolved by binding arbitration and not in court or by jury trial. if a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against consumer-insider.net including any right to class arbitration or any consolidation of individual arbitrations. without limitation, this includes giving up your rights to bring or participate in a class action.
The Agreement comprises the entire agreement between you and consumer-insider.net and supersedes all prior agreements regarding the subject matter contained herein, provided, however, that in the case of Users who are sellers and who have entered into separate agreements ("Seller Agreements") with consumer-insider.net related to the display of advertising materials related to their products or services or their availability, the obligations of the parties related to the Services shall be controlled by the terms of such Seller Agreements in the event of any inconsistency between such Seller Agreements and the Agreement. consumer-insider.net may amend the terms and conditions of this Agreement (the "Amended Terms") from time to time. If you continue to use the Service after the Amended Terms become effective, you are deemed to have agreed to be bound by the Amended Terms. If you do not agree to the Amended Terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: