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(Last updated: June 6, 2016)
These Terms of Service (the "Terms") state the terms and conditions under which ForeSee Results, Inc., a Delaware corporation with offices at 6665 Delmar Blvd., Ste. 3000, Saint Louis, MO, 63130 together with its Affiliated Companies including without limitation ResellerRatings.com (collectively, "ForeSee") provides services. Unless you have an express written agreement that takes precedence over these standard Terms of Service, by ordering, accessing or otherwise using Answers Services, you agree to follow and be bound by these Terms as the "Client" party.
SECTION 1. SERVICES INCLUDED IN THESE TERMS OF SERVICE
1.1 General Service Terms. ForeSee shall provide ResellerRatings Services in accordance with these Terms. The ResellerRatings platform deploys proprietary technology to facilitate customer reviews of Client's products and/or brand. Other Services provided by ForeSee may be subject to different terms and conditions, and Client should consult its purchase documentation for such other ForeSee Services.
SECTION 2. OWNERSHIP AND LICENSES
2.1 Ownership of SaaS Services. Except as expressly licensed below, all aspects of intellectual property rights of every sort in or in connection with the Services are owned solely by ForeSee, including methods, trade dress, program code, including source code, FLA files, object code and microcode, formulae, techniques, processes, improvements, designs, software designs, computer programs, and strategies. Other than as expressly permitted under this Agreement, Client may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any material that is subject to ForeSee's proprietary rights, including computer code, graphic design, layout, user interfaces, and reports, in any way or by any means, including, but not limited to by electronic, mechanical or optical means. Client shall not use any of the computer code, graphic design, layout and user interfaces (collectively, "Features") of the Service outside of the Services. ForeSee retains all trademark or service mark rights in the Services, and all applicable marks and logos, whether registered or not. Client may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. Client may not dilute or tarnish the goodwill of ForeSee or its marks and logos.
2.2 Software Application Licenses. To enable Client to receive the Service(s) described in any authorized Statement(s) of Work, ForeSee grants Client, and Client accepts, a non-exclusive, non-transferable, license to install, store, operate and/or use the Client-side portion of the Service(s) described in an applicable Statement of Work, including: (a) any program routines or programming code that may be distributed as part of the Service, including but not limited to the ResellerRatings.com Platform, graphic design, layout and user interfaces, survey trigger code, mobile software development kit and cxReplay code (the "Service Software"); (b) any URL that may be distributed or otherwise hosted as part of the Service (the "Service URL"); and (c) any data access portal, including the tools and reporting provided therein (the "Online Portal"). Client agrees to use the Service Software, Service URL, and/or the Online Portal, as applicable, for no purpose other than as part of the Service(s), as described in the applicable Statement(s) of Work. Service Software may be installed, stored, and operated only as provided in the applicable Statement of Work. Client shall not challenge the validity of, or attempt to create any derivative works from any Services. Client acknowledges that it has no proprietary rights in any ForeSee brand names, trade names, trade dress or any trademarks, or any copyrighted content, or any other intellectual property belonging to or licensed by ForeSee in the course of providing the Services (collectively, "ForeSee IP"), and Client shall not challenge ForeSee's proprietary rights in or to any of the ForeSee IP. Client acknowledges that except as expressly provided in this Agreement, all uses of Services, and all goodwill associated therewith, shall inure solely to the benefit of ForeSee. The license granted herein shall be revoked upon termination of this Agreement.
2.3 Data and Content Ownership and Licenses.
2.3.1 Data and Content Provided by Client. All data and content provided by Client, including without limitation the client name, logo, trademarks, text, images, videos, audio and multimedia files, JPG images, Flash objects, and other assets and information regarding Client and Client customers ("Creative Materials") shall remain Client's exclusive property; provided that such Creative Materials are licensed to ForeSee for the purposes of providing the Services. Such license is a non-exclusive, royalty free, fully paid-up, worldwide, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, make derivative works of, publicly perform and publicly display Client's Creative Materials (in whole or in part) and to incorporate the content into other works in any format or medium now or later known, on affiliate websites, and on ForeSee's computer servers, retaining backup, cached and archived copies of the content and using the content in any other reasonable manner, provided that it is in the ordinary course of providing the Service. Client shall ensure that its Creative Materials do not infringe the intellectual property rights of third parties, and do not contain (i) programming routines intentionally designed to disrupt or destroy the Services or host extranet or (ii) obscene, illegal, harassing or racially offensive material.
2.3.2 Data and Content Provided by ForeSee. Except for the customer experience and employee satisfaction data expressly provided for below, all data and content provided by ForeSee, including without limitation the proprietary service components described in Section 2.2, shall remain ForeSee's exclusive property; provided that such data and content are licensed to Client for the purposes of receiving the Services. Such license is non-exclusive, royalty free, fully paid-up, worldwide, and sub-licensable. The license granted herein shall be revoked upon termination of this Agreement.
2.3.3 Client Customer Experience and/or Employee Experience Data. Experience analytics data collected by ForeSee belong to Client, provided that ForeSee is licensed to use all numerical data for the purposes of performing the Services and to compile proprietary aggregate data points ("Aggregated Indices"). The Aggregated Indices are compiled from customer and employee experience data belonging to all ForeSee clients, and used in benchmark reports delivered to ForeSee clients on a monthly basis. The Aggregated Indices and benchmark reports will contain Client's data along with data from a minimum of four other clients. The Aggregated Indices and benchmark reports will not contain individually identifiable data regarding Client, its employees, or its customers and will not allow a user thereof to ascertain or otherwise isolate data regarding Client, its employees or its customers. ForeSee may identify Client by name to describe the Aggregated Indices participants in the benchmark reports that are delivered to ForeSee's clients, but shall not use Client's data in publicly syndicated reports. The Aggregated Indices are ForeSee Confidential Information subject to the provisions of Section 4.1.
SECTION 3. RESPONSIBILITIES OF CLIENT
3.1 Client's Responsibilities. Client shall be responsible for the installation and maintenance of any Service Software pursuant to the instructions provided to Client by ForeSee, and for Client's equipment necessary to access or implement the Service, including all computer equipment, software, telecommunications, and high-speed connections to the internet, to the extent they are needed to operate and/or access the Service from Client's site of business. Client is also responsible for ensuring that all Creative Materials that may be used by Client as part of the Service will not (i) violate any law, regulation, or third-party intellectual property right through such use, (ii) contain programming routines intentionally designed to disrupt or destroy the Services or host extranet or (ii) contain any obscene, illegal, harassing or racially offensive material.
SECTION 4. CONFIDENTIALITY
4.1 Mutual Confidentiality Agreement. Client and ForeSee mutually agree that all software, documentation, technical information, computer code, graphic design, layout, user experience provided by ForeSee (or its agents) or otherwise included in the Service shall be deemed Confidential Information belonging to ForeSee. All information and data belonging to Client shall be deemed Client's Confidential Information. Except as expressly authorized herein, each party will hold in confidence and not use or disclose any Confidential Information belonging to the other party. This nondisclosure obligation shall not apply to information which the receiving party can document: (a) was rightfully in its possession or known prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the receiving party; (c) was rightfully obtained from a third party without breach of any confidentiality obligation; (d) was independently developed, without access to the Confidential Information; or (e) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the owner of such Confidential Information). The parties acknowledge that unauthorized disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon such unauthorized disclosure or reasonable anticipation thereof, the party owning the subject Confidential Information shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. Client agrees that any enhancements or improvements to ForeSee's services ("Improvement Information") suggested by Client are made free of any retained interest or other claim to such enhancements or improvements, and that ForeSee may incorporate such enhancements or improvements into its services without restriction and without any obligation to Client. To the extent that any such Improvement Information is provided by Client, such disclosure is made at the Client's own risk, and Client shall not claim that ForeSee's products infringe or are otherwise based on a misuse of Client Confidential Information.
SECTION 5. PRICE AND PAYMENT TERMS
5.1 Subscription Fees; Setup Fees. Client shall pay the fees identified in any Purchase Terms authorized by Client at the time of purchase.
5.2 Pricing, Billing and Payment. All pricing, billing and payment information is provided in the Purchase Terms authorized by Client at the time of purchase.
SECTION 6. DUTY OF CARE; INDEMNIFICATION; LIMITATION OF LIABILITY
6.1 Warranty; Limitation of Liability. Except as may be expressly agreed between Client and ForeSee, all Services are provided AS-IS, without warranty. Notwithstanding for foregoing, and on the condition of full control over the resolution of any resulting claim, ForeSee warrants that the Service Software and the Services do not infringe the rights of any third party. Client acknowledges that the Services interact with web environments outside ForeSee's control, and Client agrees that FORESEE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES CAUSED BY ERRORS, OMISSIONS, OR DELAYS THAT WERE NOT CAUSED BY FORESEE'S NEGLIGENT OR WILLFUL MISCONDUCT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. EXCEPT FOR THE INDEMNIFICATION PROVISIONS HEREIN, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER EXCEED THE TOTAL CHARGES PAID TO FORESEE DURING THE TERM, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
FORESEE DOES NOT WARRANT OR GUARANTEE ANY OUTCOME FROM THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, THE IMPACT OF USING THE SERVICE ON CLIENT REVENUE.
6.2 Indemnification by ForeSee. If a third party claims that the Services or any part thereof infringe any U.S. patent, copyright, trademark, or trade secret, ForeSee will defend Client against such claim at ForeSee's expense and shall pay all damages that a court finally awards, provided that Client immediatly notifies ForeSee in writing of a claim, allows ForeSee to control, and cooperates with ForeSee in, the defense or any related settlement negotiations. If such a claim is made or appears possible, ForeSee may, at its option, secure for Client the right to continue to use the Services, or modify or replace the same so it is non-infringing, or terminate this Agreement by paying Client a credit equal to the portion of previously paid fees allocable to the unused remainder of the Term.
6.3 Representation and Covenant; Indemnification by Client.
6.3.1 Client Content Hosted by ForeSee. Client represents, warrants and covenants that: (1) Client is the owner of all rights in and title to any content Client includes in or otherwise offers through the Service (including but not limited to Creative Materials), or that Client is legally authorized or licensed by the owner of such content to use the content under the terms of this Agreement; (2) Client is entitled to grant ForeSee a license to use all content within the Service, including (but not limited to) for presentation to third parties, for use in reports, website listings of customers, press releases and marketing materials; (3) Client's content will not breach any duty toward or infringe any rights of any person or entity including, without limitation, intellectual property rights, the right of publicity, the right to privacy, or rights or duties under consumer protection, product liability, tort, or contract theories, or constitute libel, slander or defamation, or include material which is obscene, pornographic, or adult-oriented; and (4) Client is solely and exclusively responsible for content Client uses in the Service, and must make all reasonable efforts to verify that such content is accurate, up-to-date and lawful. Client acknowledges that any Client-provided links to a remote server that have a guaranteed uptime less than 99.99% are not optimal, and may impact Services.
6.3.2 Client Use of the Services. Client shall not: (1) interfere with, circumvent, manipulate or disrupt the operation or the functionality of the Service; (2) use robots, crawlers and similar applications to collect and compile content of any kind from the Service; (3) link to elements or components of the Service, independently from the web pages on which they originally appear, or display the Service or any part thereof in an exposed or concealed frame, without ForeSee's prior explicit and written consent; (4) impersonate any person or entity, or make any false statement with respect to Client's identity, employment, agency or affiliation with any person or entity
6.3.3 Indemnification by Client. Client shall be responsible for all direct damages to ForeSee caused by Client's breach of this Agreement. In the event any third-party brings a complaint, claim, or demand, arising from, or in connection with Client's breach of this Agreement, Client shall indemnify, defend and hold harmless ForeSee from all such claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including attorneys' fees), provided that ForeSee promptly notifies Client in writing of the claim (and in no event more than fifteen (15) days after legally valid service of process), allows Client to control, and cooperates with Client in, the defense or any related settlement negotiations.
SECTION 7. TERM AND TERMINATION
7.1 Agreement Term. This Agreement shall shall remain in full force and effect for so long as ForeSee is providing ResellerRatings services to Client.
7.2 Service Renewal. Services will automatically renew as provided in the Purchase Terms authorized by Client at the time of purchase.
7.3 Termination. This Agreement may be terminated by either party upon the material breach by the other party of any of such other party's obligations hereunder, which breach has not been cured within 15 days after the breaching party has received notice thereof. In the event of any such termination, the license(s) granted to Client under this Agreement shall terminate immediately.
SECTION 8. MISCELLANEOUS
8.1 No Agency; No Assignment. Neither the Services nor the Terms thereof create in any way a partnership, joint venture, employment relationship, franchise, agency or any other similar relationship between Client and Answers, and nothing in the Terms will be interpreted or construed as creating or establishing any such relationship. Client may not transfer, assign or resell any part of the Services without the prior written consent of Answers. Any act in violation of the foregoing shall be null and void.
8.2 Taxes. Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). Client shall be responsible for and shall promptly reimburse ForeSee for the payment of all such Taxes (including interest and penalties, but with respect to penalties, only if such penalties are incurred as a result of actions in which Client has concurred or participated) imposed by any governmental entities based on Services rendered by ForeSee to Client, provided that ForeSee shall be liable for any income taxes on or measured by net income or gross receipts of ForeSee. ForeSee cannot offer tax advice and encourages Client to determine whether any governing entity will impose Taxes based on Client's point of purchase.
8.3 Compliance With Laws and Regulations. Subject to Section 8.2, each party shall, at its own expense, comply with any governmental law, statute, ordinance, administrative order, rule, or regulation relating to its duties, obligations, and performance under this Agreement and shall procure all governmental licenses and pay all fees and other charges required thereby.
8.4 Notices. Any notice required or permitted to be made or given by either party hereto pursuant to this Agreement shall be in writing and shall be deemed effective if sent by such party to the other party by e-mail, mail, telecopy (with operator or machine confirmation of transmission), or overnight delivery, postage or other delivery charges prepaid, to the addresses set forth above, and to the attention of the Legal Department.
8.6 Client Testimonials. As part of the consideration for Services provided under this Agreement, Client agrees to cooperate in a mutually agreed public testimonial regarding the Services. Client understands that such testimonial may be used in connection with publicizing and promoting ForeSee. Client authorizes ForeSee to use Client's name, image, likeness, voice, and brief biographical information, as may be included in such mutually agreed testimonial.
8.7 Governing Law. This Agreement is made under the laws of the State of New York, U.S.A., and shall be interpreted, construed and enforced in accordance with the law of New York, without giving effect to its choice of law principles. Client agrees to resolve any dispute or claim that Client may have against ForeSee and to submit to personal jurisdiction in the state and federal courts in the city of New York, New York. Both parties expressly waive the right to trial by jury.
8.8 Changes to Services or to these Terms. From time to time, ForeSee may change the Service or the layout, design or display of the Service, as well as the scope and availability of the information accessible therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions, and ForeSee does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom, except as expressly provided herein. Client is advised to periodically read the Terms. ForeSee may change the Terms with or without prior notice, in all cases by posting such amended Terms at _____________________. Client agrees to be bound by any and all changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service indicates Client's acceptance of the amended Terms. If Client does not accept the amended Terms, Client must cease any further use of the Service.
8.9 Amendments in Writing. The provisions of this Agreement constitute the entire agreement between the parties and supersede all prior agreements, oral or written, and all other communications relating to the subject matter hereof. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in a writing and signed by the parties. To the extent, if any, the terms of this Agreement conflict with a Client purchase order, the terms contained herein shall be controlling and any additional terms presented in a Client purchase order shall be null and void.
8.10 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
For existing ForeSee Clients, use of the Developer Portal is subject to Client's Service Agreement. All information provided in the Developer Portal is
provided AS-IS, and is wholly owned by ForeSee. The information is licensed to Client for the sole purposes of facilitating ForeSee Services, and may not
be used to create any derivative works.
Prospective clients may use the Developer Portal subject to the terms and conditions for purchasers, as set forth above. By accessing or using the website or downloading materials from the website, you agree to be legally bound by the terms and conditions set forth above without any modification. Please, review them carefully. If you do not agree to the terms, you are not permitted to use the Developer Portal.
You acknowledge and agree that ForeSee content is protected by the copyright laws of the United States, as well as other intellectual property laws and
treaties. ForeSee does not transfer any title, right or interest to or in the content to you.
Unless otherwise stated in writing by ForeSee, you must not copy, redistribute, sell, rent, lease, convey, reconvey or sublicense any content made
available in the Developer Portal. You must not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights
signaling or copy protection technology in which the content is wrapped or otherwise associated with, and you must not edit, modify, translate or create
derivative works or adaptations of the content. You must not duplicate or otherwise reproduce (including but not limited to "burning") the content, or any
portion thereof, onto any physical medium, memory or device (other than as expressly permitted by ForeSee in a Client Service Agreement, Order Form, or
Statement of Work), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised.
ForeSee may amend any of these terms in its sole discretion by posting the revised terms. Your continued use of the Developer Portal after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
The Free Trial Services available at this ForeSee website are subject to the terms and conditions for purchasers, as set forth above. By accessing or using the website or downloading materials from
the website, you agree to be legally bound by the terms and conditions set forth above without any modification. Please, review them carefully. If you do
not agree to the terms, you are not permitted to use the Free Trial Services.
Free Trial Services may be discontinued at any time by ForeSee, without prior notice and without liability. You agree that, at the end of the Free Trial
Services, a ForeSee representative may contact you (by telephone and/or by email) to discuss continuing the Services under a subscription agreement.
ForeSee may amend any of these terms in its sole discretion by posting the revised terms. Your continued use of the Free Trial Services after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
PLEASE NOTE: If you are not a subscribing merchant, you may not solicit ResellerRatings reviews.
The services available at this ForeSee website are subject to the following terms and conditions as set forth in this notice. By accessing or using the
website or downloading materials from the website, you agree to be legally bound by the terms and conditions set forth below without any modification.
Please, review them carefully. If you do not agree to the terms, you are not permitted to use this website.
ForeSee may amend any of these terms in its sole discretion by posting the revised terms. Your continued use of the Shopper Ratings and/or ResellerRatings website(s) or materials after the effective date of any such amendment constitutes your agreement to be bound by such amendment.
Best Viewing Practices
This site makes use of dynamic HTML and is designed to display properly in the most recent versions of Explorer, Firefox, Chrome and Safari. We recommend upgrading to the most recent browser for optimal site viewing and performance.
The copyright in this entire website is held by ForeSee. All material provided on this website is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of ForeSee. Visitors are permitted to download or print one copy of material published on this website solely for their personal, non- commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. ForeSee does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this website are claimed by ForeSee
and no trademark license, either express or implied, is granted by ForeSee. You do not have any right to use any Trademarks displayed on this website
except as expressly provided under the doctrine of Fair Use without the prior written permission of ForeSee. Trademarks are one of our most valuable
business assets. In the event of unauthorized use or misuse of its Trademarks, ForeSee will pursue its legal remedies without delay.
Electronic Information Submitted to this ForeSee website.
Please be advised that neither ForeSee, nor any affiliated persons or entities are in a position to investigate, censor or otherwise ensure the accuracy of any comments, remarks or other information and content posted or generated by users of this website ("Content"), and therefore is not responsible in any way for such Content provided by users or other third parties. To the contrary, many of the users are of unknown identity and have no relationship or privity with ForeSee. Therefore, ForeSee expressly disclaims, on behalf of itself and any affiliated persons or entities, any guarantee, warranty, other representations or responsibility with respect to the veracity, geniuses, completeness or lawfulness otherwise of any Content provided on this website. ForeSee further expressly disclaims, on behalf of itself and any related persons or entities, any guarantee, warranty, other representations or responsibility with respect to such user or third party Content as related to, among other things, intellectual property rights, copyright or trademark infringement, defamation, libel, slander, invasion of privacy or criminal or tortious activities otherwise. Accordingly, ForeSee does not assume, and expressly disclaims, on behalf of itself and any affiliated persons or entities, any liability of any kind for any alleged direct or consequential injury or damages arising from, or relating to in any way, the Content provided by users or other third parties or their activities otherwise, including, without limitation, any alleged liability under any federal or state criminal or civil laws (including provisions of the Communications Decency Act). Each of this website's users and third parties acknowledge, by usage of this website, that he/she/it is solely responsible and liable for his/her/its Content, and neither ForeSee nor any affiliated persons or entities is the guarantor or indemnitor of any such party.
You retain all of your ownership rights in the Content that you submit to this website ("Submissions"). However, by submitting
Content on the website, you hereby grant ForeSee a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the Content in connection with the website and ForeSee's (and its successors' and
affiliates') business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the website a non- exclusive license to access your Content through the website,
above licenses granted by you in the Content terminate within a commercially reasonable time after you remove or delete your Submissions from the ForeSee
service. You understand and agree, however, that ForeSee may retain, but not display, distribute, or perform, server copies of Content that have been
removed or deleted. The above licenses granted by you in Content are perpetual and irrevocable.
Except on the express written agreement of ForeSee, any Content or other information submitted to this website by users or other third parties shall be
treated as non-confidential, non-proprietary and subject to disclosure and usage for any purpose as ForeSee deems fit in its absolute sole discretion.
Our use of your Information
Subject to, and without waiver of, any of the foregoing legal disclaimers and limitations on any liability, ForeSee, in certain situations outlined below, may at its absolute discretion remove Content provided by users or other third parties to the extent:
· ForeSee is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;
· ForeSee is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;
· ForeSee is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed;
· The posting contains vulgar, profane, or obscene language;
· The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;
· The posting is not the type of posting for which the website is intended, namely rating companies that provide products or services;
· The posting contains the last name of any individual (first names are allowed), or any other personally identifiable information, which is defined as information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual ("PII");
· The posting constitutes multiple copies of the same posting, or more than one review for a single company by a single user;
· The posting references an order, transaction, or another form of submission by the user, where an intent to do business or to make a purchase did not occur (limited to reviews posted within the previous twelve (12) months);
· The posting was made by a current employee, former employee, or immediate family member of the company being reviewed;
· The posting contains written communications between any parties;
· The posting contains references, such as names or domain names, to any other retailers besides the retailer that is the subject of the posting;
· The posting was created or altered in exchange for the offer of monetary consideration, whether in the form of goods, services, or monies, or was created or altered in response to threats made by the merchant to the user; or
· The review was posted more than one (1) calendar year after the transaction that it describes, with the exception of reviews of companies that directly provide product warranties, in which case the cutoff will be one (1) calendar year after the transaction plus one (1) calendar year after the expiration of the product warranty period.
· The star rating obviously does not match the user provided comments, e.g. a positive user comment accompanied by a negative star rating.
THE INFORMATION IN THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FORESEE SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEBSITE.
ForeSee makes no representations about websites accessed from this website which are not maintained, controlled or created by ForeSee and does not endorse any linked websites or the information appearing thereon. Links do not imply that ForeSee is affiliated with or associated with such linked websites, their owners or operators, or any related companies.
ForeSee is constantly improving its products and services and reserves the right to make such improvements or changes to this website, the materials, products, services or prices posted in this website without prior notice as it deems necessary.
Notice of Claims of Intellectual Property Violations and Agent for Notice
It is the policy of ForeSee to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), ForeSee has designated an agent (specified below) to receive Notifications of Claimed Copyright Infringement on its sites.
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide ForeSee' Copyright Agent with the following information in accordance with the DMCA:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· a description of where the material that you claim is infringing is located on any of ForeSee's sites or services, with enough detail that we may find it on our Website;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
ForeSee' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attention: Legal Department
6665 Delmar Blvd.
St. Louis, MO 63130
Telephone: 314-664-2010 (Ext. 119)
You agree to indemnify, hold harmless, and defend ForeSee, its subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, employees, agents, insurers, and representatives of any of them (collectively the "Release Parties") from any and all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from your use of this website.
Limitations of Liability
NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE FORESEE SERVICES IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FORESEE, OR OUR LICENSORS, SUPPLIERS AND/OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE FORESEE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER FORESEE NOR OUR LICENSORS, SUPPLIERS AND/OR AFFILIATES ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE FORESEE SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL FORESEE'S, OR FORESEE'S LICENSORS', DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID FORESEE FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.
No agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement between ForeSee and any user or any third party accessing or in any way making use of this Website.
You agree that in the event a dispute arises concerning your use of ForeSee, or any other program or service offered by ForeSee, that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted in St. Louis, MO. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in St. Louis, MO.
Choice of Law
You agree that any dispute arising under this Agreement shall be governed by the laws of the state of New York.
No Guarantee of Continuous Use
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control.
In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable.
ResellerRatings.com respects the privacy and security of its users. Our goal is to provide you with a personalized Internet experience that delivers the information, resources, and services that are most relevant and helpful to you. In order to achieve this goal, we sometimes collect information as you interact with our online services to understand what differentiates you from each of our millions of other users.
In order to demonstrate our commitment to your privacy, we have prepared this statement disclosing the privacy practices for the entire ResellerRatings.com site. Additional terms and conditions regarding the collection and use of your information are also provided to you before you register. Here, you will learn what personally identifiable information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information.
ResellerRatings.com collects certain information from and about its users in three ways -- directly from the user, from our Web server logs, and with cookies.
You should remember that whenever you voluntarily disclose personal information online, such as in message boards, through e-mail, discussion groups, or in chat areas, your information can be collected and used by others. Although ResellerRatings.com tries to protect your personal information, ResellerRatings.com cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are also solely responsible for maintaining the secrecy of any passwords you set up and/or any account information.
We use information in different ways to give you the best experience.
Your access to some services and content is password protected. We recommend that you do not divulge your password to anyone. ResellerRatings.com will never ask you for your password in an unsolicited phone call or in an unsolicited email. You should not disclose your user name and password to others. In addition, if applicable, you should remember to sign out of your ResellerRatings.com account or service at the end of each session. You may also wish to close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your personal information, ResellerRatings.com cannot ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information to us at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.
ResellerRatings.com sends the following types of emails to our users:
ResellerRatings.com may disclose personal information to affiliates or to third party vendors, consultants, and other service providers who are working on our behalf.
Also, your personal information may be disclosed or transferred to one or more third parties in connection with, or during negotiations of, any merger, sale of company assets, financing, restructuring or acquisition of all or a portion of our business to or by another company. When you are at the ResellerRatings.com site and asked for personal information, you share that information with ResellerRatings.com (or to affiliates and/or vendors providing services on behalf of ResellerRatings.com) alone, unless the service is offered in conjunction with another party. For example, some ResellerRatings.com services are offered in conjunction with another company. In order to provide such co-branded services to you, it is necessary for us to share your personal information with the company offering the co-branded service. If you do not want your data to be shared, you can choose not to allow the transfer of data by not using that particular service. If you choose to share your data with a provider of a co-branded service, you should understand that those providers may have separate privacy and data collection practices. ResellerRatings.com has no control over and accepts no liability for these independent practices. Each provider should more information regarding its privacy and/or use policies.
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