The Ratings Guy LLC Privacy Policy, Terms and Conditions
The Ratings Guy LLC recognizes that your privacy is important to you. Your privacy is also important to us. This Privacy Policy and Agreement ("Privacy Policy") will tell you what information we collect about you and your use of our Web Site, how we use that information, and how we share it with others. Whenever this Privacy Policy refers to "we", "our", or "us", it is referring to this Web Site. By using the Site, you agree to be bound by the terms of this Privacy Policy.
Part I : Information Collection and Use
Collecting Personal Information. Personal information is information that can be used to identify you or to contact you. In general, you can visit www.theratingsguy.com without providing any personal information. Some sections of our Site invite you to register with us in order to receive our press releases or other company news, or to contact us for more information. In these cases we will request your first and last name and e-mail address and use them to send you the information you requested from us. If you decide that you no longer want to receive e-mail from us, you can ask us to remove you from our mailing list by contacting us at the e-mail address at the bottom of this Privacy Policy. You are responsible for ensuring the accuracy of the e-mail address you provide to us. If your information is outdated or inaccurate, we may not be able to send you e-mails or notify you about changes to this Privacy Policy.
Collecting Non-Personal Information. We automatically collect Web page request, Internet Protocol (IP) address, browser type, browser language, and the date and time of your request. This information allows us to become more familiar with visitors to our site, how often they visit, and what parts of the site they visit most frequently.
Cookies and Web beacons. We do not use cookies or Web beacons on our Web Site or in our electronic communications.
Children. We are committed to protecting the privacy of children. This Web Site is a general audience site and not designed or intended to attract children under the age of 13. We do not collect personal information from any person we actually know is under the age of 13.
Part II: Disclosure of Personal Information
Disclosure of Your Personal Information. This Site will not disclose any personal information you submit through the Site to third parties except as described in this Privacy Policy or unless you specifically agree to the disclosure.
Disclosure for Legal Reasons. We may release personal information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a physical threat to you, others or to homeland security, in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct. In the event that we are legally compelled to disclose your personal information to a third party, we will make reasonable efforts to notify you unless doing so would violate the law or court order.
Disclosure to Operations and Maintenance Contractors. We may contract with third parties to maintain or provide services to or on behalf of the Site or our business. These contractors include vendors and suppliers that provide us with technology, services, and/or content related to better operation and maintenance of our Web Site and others, such as our attorneys and auditors. Access to your personal information by these contractors is limited to the information reasonably necessary in order for the contractor to perform its limited function for or on behalf of this Site.
Disclosure to Linked Sites. For your convenience this Site may provide links to Web Sites operated by companies owned by or affiliated with The Ratings Guy LLC. This Site does not disclose your personal information to affiliated Web Sites.
Disclosure of Aggregate Information. We may share aggregated information collected on this Site with third parties. Aggregated information is information about users that is combined into groups so that no individual user can be identified. Depending on the circumstances, we may or may not charge third parties for this aggregated information. We also may not limit the third parties' use of the aggregated information.
Changes in Our Corporate Structure. If all or part of our company is sold, merged or otherwise transferred to another entity, the personal information you have provided at this Site may be transferred as part of that transaction. This Site will take steps to assure that, without your consent, any personal information that is transferred will not be used or shared in a manner inconsistent with the Web Site privacy policy under which it was collected.
Part III: Security
Security. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. Only a limited number of employees have access to your personal information. These employees must abide by our Privacy Policy and those who violate the Privacy Policy are subject to disciplinary action, up to and including termination. Although we will make reasonable efforts to protect your personal information, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems.
Part IV: Choice
How to Contact Us. If you have any questions or concerns about our privacy policy, or if you wish to be removed from our mailing list, please contact us at privacy@The RatingsGuy.com.
Changes to this Privacy Policy. We reserve the right to change this Privacy Policy at any time. If you give us your e-mail address, we will notify you by e-mail of any material changes to this Privacy Policy that will significantly change the way we use or disclose your personal information. We may also make non-material changes to our Privacy Policy that generally will not affect our use of your Personal Information. Our current Privacy Policy, identified by its effective date, will be posted on the Site, and you should check it frequently for any changes. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the Site immediately.
Effective date: November 8, 2006
Great web sites are recognized with seals by The Ratings Guy:
Great Site Award
-------
Seal Terms and Conditions of Use
The use of this Seal is subject to the following conditions (1-10) and may only be used with permission.
1. Approved authorization is for the online use only of the The Ratings Guy Great Site, Bees Knees, Humdinger or Wink & Nod Seal, and for no other Ratings Guy logo.
2. The Seal must contain a live link which, when clicked, is designed to send a visitor from the licensees website over to the Ratings Guy website at http://www.TheRatingsGuy.com. Web site agrees that it shall not disable, remove or otherwise tamper with such link.
3. The Seal shall only be used by the Web site named to the Ratings Guy Great Site list, and is not to include any parent, subsidiary, related or affiliated institutions.
4. The Seal shall only be used for the purpose of identifying the Web site as having been named to a Great Site List and not to imply an endorsement of any products or services.
5. The use of the Seal is subject to the Web site correctly describing its placement on the Ratings Guy Great Site List. The Ratings Guy has the right to monitor use of the Seal, and if Web site’s description of its placement on the Ratings Guy List is inaccurate, The Ratings Guy will notify the Web site and the Web site shall immediately change such materials in accordance with the request.
6. The Seal shall only be used in the form and colors indicated, without modifications or alternations.
7. Permission begins on the issue date of the Ratings Guy Review naming the Web site to the Great Site List and automatically terminates twelve (12) months thereafter or as of the issue date of any update to the Ratings Guy List, or any notification to remove, whichever occurs first.
8. The Web site acknowledges that the Seal is a trademarked and copyrighted creation belonging to The Ratings Guy LLC and that all rights accruing from the use of the mark shall be to the benefit of The Ratings Guy and its licensees.
9. The Web site shall indemnify and hold The Ratings Guy and its parent, subsidiary, affiliated and related companies harmless from and against any and all liability, loss, damage or injury, including reasonable attorney's fees, relating either directly or indirectly, to the material on which the Seal is used.
10. Except as set forth herein, no other use of the Seal may be made without the prior express written approval of The Ratings Guy LLC.
The Ratings Guy LLC Site Terms & Conditions
The following Terms and Conditions apply to TheRatingsGuy.com Web site (this "Site") provided by The Ratings Guy, LLC ("we" or "The Ratings Guy LLC"). The following terms and conditions constitute your agreement ("User Agreement") that governs your access to and use of this Site and the information, reviews, materials and other content available on or through this Site ("Site Materials"). Please read this Agreement carefully before using this Site or any Site Materials. We reserve the right, at our sole discretion, to change this User Agreement from time to time. Your continued use of this Site or any Site Materials after such changes take effect will be deemed to constitute your acceptance of and agreement to the new User Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, ANY SITE MATERIALS. BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT: (1) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT; (2) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND THE RATINGS GUY LLC; AND (3) IF ACCESSING, USING OR BROWSING THIS SITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT CONTINUE WITH YOUR TRANSACTION, IN WHICH CASE THE RATINGS GUY LLC DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE THIS SITE OR THE RATINGS GUY LLC' SITE MATERIALS.
1. Our Service and Limited License
The Ratings Guy LLC is a provider of Web-based consumer Web site ratings and reviews. Among other things, we provide objective ratings of and information about lifestyle web sites (collectively, "Web sites") based on data and information obtained from a variety of sources, including the sites themselves. Some of this information is calculated through the use of proprietary models by The Ratings Guy LLC. Other information is provided directly by consumers and is not audited by The Ratings Guy LLC.
You agree by using this Site and its materials that the information here, including The Ratings Guy LLC' rating system and The Ratings Guy LLC' ratings of individual Web sites, are and remain the sole property of The Ratings Guy LLC. Except as expressly permitted by us in writing, you agree that your license to access and use this information is limited solely to a; personal, revocable, nonexclusive, non-transferable license to access and view this Site and the Site Materials. You further agree that, with respect to any copy of the Site Materials, you will reproduce and include all copyright and other proprietary notices included in such Site Materials on any such copy. An express condition on your license is that you will not otherwise transmit or use the Site Materials, and your continued compliance with this User Agreement. Except as expressly permitted by us in writing, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, de-compile or disassemble any aspect of this Site or any Site Materials (including, but not limited to, any Web site ratings), in whole or in part, in any form or by any means. Further, you may not use any meta tags or any other "hidden text" utilizing the name "The Ratings Guy LLC" without our prior written permission.
2. No Endorsement
The Ratings Guy LLC is not a referral service and does not recommend or endorse any particular Web site. Rather, The Ratings Guy LLC is only an independent rating organization that provides selected information about lifestyle Web sites. We offer informed opinion regarding the quality or suitability of any particular Web site, and no information on this Site should be construed otherwise. The Web site rating information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Web site operator.
You agree to assume all responsibility in connection with choosing any Web site, whether or not you obtained information about such Web site on or through this Site. We assume no responsibility or liability for any advice or other services rendered by any Web site, or for any other claims that may arise directly or indirectly from any such advice, or services.
3. Proprietary Rights
© Copyright 2007 The Ratings Guy, LLC. All rights reserved.
All right, title and interest in and to the Site Materials, including without limitation the graphical display of this Site and all Web site ratings, and all intellectual property rights embodied therein, are the property of The Ratings Guy LLC or our licensors, suppliers or affiliates. The Web site rating information is contained in databases ("Databases") that constitute valuable proprietary compilations owned by The Ratings Guy LLC. The Site Materials and the Databases are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations. The Web site rating system and methodology, and ratings of individual Web sites, are the property of The Ratings Guy LLC and may not be reproduced in any manner without our prior written permission. The Ratings Guy LLC, TheRatingsGuy.com™, the RATINGS GUY DESIGN, THE GREAT SITE LOGO, HELPING CONSUMERS TO FIND THE BETTER SITE SOONER™, THE BEES KNEES AWARD™, THE HUMDINGER AWARD™, THE WINK AND A NOD AWARD™, and GREAT SITE BENCHMARK CLUB™ are service marks and trademarks of The Ratings Guy LLC and may not be used in any manner (including, but not limited to, in connection with re-publication or citation of Web site ratings) without the prior written permission of The Ratings Guy LLC.
Except as provided in this User Agreement, we do not grant you any rights under any copyrights or trademarks. Accordingly, unauthorized use or reproduction of any Site Materials may violate copyright laws, trademark laws, laws pertaining to privacy and publicity rights, or other laws or regulations. Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the laws of the location in which the information was received.
4. Use of this Site, the Site Materials and the Databases
Except as expressly permitted by us in writing, you agree that you will not, directly or indirectly, use any of the information contained therein for any purposes other than your personal, non-commercial evaluation of Web sites. Without limiting the foregoing, you agree that you will not, directly or indirectly, use the Databases (i) to compile mailing lists or other lists of Web sites for commercial purposes; (ii) to establish independent data files or compendiums of statistical information; (iii) in violation of any applicable laws or regulations without our prior written authorization. Other arrangements with respect to the Databases may be available, but only with our express written permission. Please send an e-mail to
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
to receive additional information about the possibility of alternative arrangements regarding the Databases.
| 5. Seal Terms and Conditions of Use |
| The use of this Seal is subject to the following conditions:a) This authorization is for the online use only of the The Ratings Guy Great Site, Bees Knees, Humdinger or Wink & Nod Seal, and for no other Ratings Guy logo. b) The badge contains a live link which, when clicked, is designed to send a visitor to the licensees website over to the Ratings Guy website at http://www.TheRatingsGuy.com. Web site agrees that it shall not disable, remove or otherwise tamper with such link. c) The Seal shall only be used by the Web site named to the Ratings Guy Great Site list, and is not to include any parent, subsidiary, related or affiliated institutions. d) The Seal shall only be used for the purpose of identifying the Web site as having been named to a Great Site List and not to imply an endorsement of any products or services. e) The use of the Seal is subject to the Web site correctly describing its placement on the Ratings Guy Great Site List. The Ratings Guy LLC has the right to monitor use of the Seal, and if Web site’s description of its placement on the Ratings Guy List is inaccurate, the Web site shall immediately change such materials in accordance with any request. f) The Seal shall only be used in the form and colors indicated, without modifications or alternations. g) For Full Membership, permission begins on the issue date of the Ratings Guy Review naming the Web site to the Great Site List and automatically terminates twelve (12) months thereafter or as of the issue date of any update to the Ratings Guy List, whichever occurs first. h) For Introductory Membership, permission begins on the issue date of the Ratings Guy Review naming the Web site to the Great Site List and automatically terminates three (3) months thereafter or as of the issue date of any update to the Ratings Guy List, whichever occurs first.i) The Web site acknowledges that the Seal is a trademarked and copyrighted creation belonging to The Ratings Guy LLC and that all rights accruing from the use of the mark shall be to the benefit of The Ratings Guy LLC. j) The Web site shall indemnify and hold The Ratings Guy and its parent, subsidiary, affiliated and related companies harmless from and against any and all liability, loss, damage or injury, including reasonable attorney's fees, relating either directly or indirectly, to the material on which the Seal is used. k) Except as set forth herein, no other use of the Seal may be made without the prior express written approval of The Ratings GuyLLC. | 6. Password Maintenance and Responsibility
If you wish to access certain areas of this Site or the Site Materials available on or through certain areas of this Site, you must choose a password during your completion of this Site's registration process. By registering, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct there under. You agree to be solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.
7. Term and Termination
This User Agreement will take effect at the time you purchase or access, use or browse this Site or any Site materials. We reserve the right, at any time and for any reason, without notice to you, (i) to deny you access to this Site, any Site Materials, or any portion thereof; (ii) to change, remove or discontinue any of the Site Materials or services available on or through this Site; or (iii) to terminate this User Agreement.
8. Our Privacy Policy
We consider the protection of our users' personal data to be important. Therefore, we have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use personal information from users of this Site.
9. Links to Other Sites
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other may have been reviewed by us but are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.
10. Permission to Use Your Submissions
Any and all information (other than information given in connection with registration, which shall be treated as set forth in other provisions of this User Agreement), suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site or any Site Materials ("Submissions") are submitted without any restrictions or expectation of confidentiality. You hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
11. Confidentiality on the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither our affiliates nor we are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. For more private and personalized attention, you can write to us at:
The Ratings Guy, LLC 44 High Street Belfast, Maine 04915
12. Electronic Communications with The Ratings Guy LLC
Should you elect to send or receive e-mail communications of any kind to or from The Ratings Guy LLC, you represent and warrant to The Ratings Guy LLC that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
13. Site Monitoring
We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind (i) if we believe in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate this Site; or (iii) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site.
We are committed to complying with copyright and related laws, and expect all users of this Site to comply with such laws as well. Using this Site to transmit any content or to engage in any activity that infringes any copyright or any other right of a third party violates this User Agreement. You represent and warrant to The Ratings Guy LLC that you own, or are otherwise lawfully authorized to use, any information, materials or other content that you transmit to or through this Site, and that the use of the same does not violate copyright or related laws and will not cause injury to any person or entity.
If notified of an allegation that this Site contains infringing, defamatory, damaging, illegal or offensive records, electronic communications, information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Site. Notices to us regarding any alleged copyright infringement on this Site should be directed to the address described in #10 above.
14. Events Beyond Our Control
You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
15. Disclaimers
THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE TRY TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIAL MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (II) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN LOCATING A WEB SITE OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH WEB SITE OPERATORS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH WEB SITE OPERATORS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
16. Limitations of Liability
YOU AGREE THAT NEITHER OUR AFFILIATES NOR WE WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
17. Indemnity
You agree to defend, indemnify, and hold harmless The Ratings Guy LLC and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of this User Agreement.
18. Governing Law and Venue
You agree that this User Agreement is made in, and will be construed and enforced in accordance with, Maine law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Maine. You agree that any action arising out of the content of this Site, your use of the Site Materials, or any action to enforce this User Agreement will be brought only in the federal or state courts presiding in Belfast, Maine, U.S.A., and you expressly agree to be subject to the jurisdiction of such courts. Use of this Site is limited solely to persons who agree to resolve any and all disputes pertaining to this Site in the federal and state courts of Maine, and such an agreement is an express condition to use of this Site. This Site is controlled and operated by The Ratings Guy LLC from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
19. Notices
All notices to you will be sent to the e-mail address that you provide to us when you register. Such notice will be deemed given one business day after the e-mail is sent. Except as expressly stated otherwise, all notices to us must be sent to
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or to the following address: The Ratings Guy LLC 44 High Street Belfast, Maine 04915 20. Miscellaneous
The following provisions will survive the termination of this User Agreement: Sections 2 and 3, the restrictive use provisions of Section 4, the provisions of Sections 8 through 11, and the provisions of Sections 13 through 20. Failure to insist on strict performance of any provisions of this User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this User Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect. No joint venture, partnership, employment or agency relationship exists between you and The Ratings Guy LLC as a result of this User Agreement or your use of this Site or any Site Materials. Any rights not expressly granted herein are reserved by The Ratings Guy LLC. This User Agreement constitutes the entire agreement between you and The Ratings Guy LLC with respect to your use of this Site and the Site Materials, and supersedes any and all prior understandings or agreements between you and The Ratings Guy LLC, whether written or oral. You acknowledge that, in providing you access to and use of this Site and the Site Materials, we have relied on your acceptance of this User Agreement.
|