By using the SiteJabber Services (as defined below) and by accessing the SiteJabber website located at http://www.SiteJabber.com and all linked pages owned and operated by SiteJabber (the "SiteJabber Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced below (collectively, "Terms of Service").
SiteJabber's online services available at the SiteJabber Site will, among other things, let you write reviews of online business and websites, and help you find information provided by us, our members and other third parties ("SiteJabber Service"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the SiteJabber Site and SiteJabber Service. Please read these Terms of Service carefully. Your access to or use of the SiteJabber Site and SiteJabber Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the SiteJabber Site or SiteJabber Service.
- Eligibility.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of SiteJabber or use the SiteJabber Site and SiteJabber Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the SiteJabber Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the SiteJabber Site or SiteJabber Service. Membership in the SiteJabber Service is void where prohibited by applicable law; and the right to access the SiteJabber Site is revoked in such jurisdictions. In addition, you must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the SiteJabber Site or SiteJabber Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The SiteJabber Site is administered in the United States (US) and intended for US users; any use outside of the US is at the user's own risk; and users are responsible for compliance with any local laws applicable to their use of the service or the website
- Changes to the Terms of Service or the SiteJabber Service.
You agree and understand that these Terms of Service, the SiteJabber Site and the SiteJabber Services may be modified by SiteJabber at any time without prior notice, and such modifications will be effective upon SiteJabber's posting of the new terms and/or upon implementation of the new changes on the SiteJabber Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the SiteJabber Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by SiteJabber, any new features, new services, enhancements or modifications to the SiteJabber Service implemented after your initial access to the Service will be subject to these Terms of Service.
- Registration and Security.
In order to use or access some of the SiteJabber Services, you may be required to register with SiteJabber and to select a password and user name, which will consist of an email address you own and use ("User ID"). If you register, you agree to provide SiteJabber with accurate, complete, and updated registration information. Failure to do so will constitute a breach of these Terms of Service, which may result in immediate termination of your account and any other appropriate actions. You may not: (a) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (b) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. SiteJabber reserves the right to refuse registration of, or cancel a User ID, at any time in its sole discretion. You will be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the SiteJabber Service will be for your personal use only. You agree to (a) immediately notify SiteJabber in writing of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
User Accounts – There is one type of account:
- A "Personal Account" is an account for your personal, non-commercial use only, and may be used (among other things) to submit, post, and transmit reviews, ratings, messages, invitations, commentary, photographs, and other types of User Content. In creating or updating a Personal Account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Site, though you may choose not to provide information that makes you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else, provide an email address that is not your own, or create multiple Personal Accounts. Personal Accounts may not be used to write or respond to reviews on websites which you own or are otherwise affiliated. Personal Accounts also may not be used to write or respond to reviews on websites in direct competition with websites which you own or are otherwise affiliated.
- Use of the Site/Services by Members.
Subject to the restrictions on use and on posting set forth in these Terms of Service, you may: (a) use the SiteJabber Site to solicit reviews from, and share reviews with, other SiteJabber users; (b) search the SiteJabber database for reviews and business contact information; (c) forward reviews to people you personally know, whether or not they are existing SiteJabber users (and subject to applicable law); (d) invite people you personally know to join SiteJabber; and (e) view and use the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the SiteJabber Service ("Content"), and other items displayed on the SiteJabber Site, for your own personal use. The above uses are in each case subject to applicable law. You may not copy or distribute any portion of the SiteJabber Site or SiteJabber Service for any purpose not authorized above without the express written permission of SiteJabber. SiteJabber does not control the Content posted by third parties via the SiteJabber Service, including the content of any messages or reviews or other property, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SiteJabber Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SiteJabber be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying, and will comply, with all laws applicable to the Content you submit via the SiteJabber Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, or its integrityor accuracy.
- Restrictions on Rights to Use.
You agree that you will not (and will not allow any third party to):
- modify, adapt, translate, create any derivative work of, or reverse engineer any portion of the SiteJabber Site and/or SiteJabber Service;
- remove any copyright, trademark or other proprietary rights notice contained in or on the SiteJabber Site and/or SiteJabber Service or in or on any Content or other material obtained via the SiteJabber Site and/or SiteJabber Service;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the SiteJabber Site and/or SiteJabber Service;
- access, retrieve or index any portion of the SiteJabber Site and/or SiteJabber Service for purposes of constructing or populating a searchable database of business reviews, or for any other commercial or business purpose;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other SiteJabber users or members on the SiteJabber Site in accordance with these Terms of Service;
- reformat or frame any portion of the web pages that are part of the SiteJabber Site and/or SiteJabber Service;
- create any user account by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the SiteJabber Site and/or SiteJabber Service or otherwise interfere with other user's or member's enjoyment of the SiteJabber Site and/or SiteJabber Service;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the SiteJabber Site or SiteJabber Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including those that are deemed threatening or obscene);
- copy, use or store any Content available on the SiteJabber Site other than for your own personal use;
- use any device, software or routine that interferes with the proper working or functionality of the SiteJabber Site and/or SiteJabber Service, or otherwise attempt to interfere with the proper working or functionality of the SiteJabber Site and/or SiteJabber Service;
- take any action that imposes, or may impose (as determined in SiteJabber's sole discretion), an unreasonable or disproportionately large load on our (or our suppliers') IT infrastructure;
- use any Content marked as obtained from or belonging to SiteJabber, except in compliance with these Terms of Service;
- use the SiteJabber Site and/or SiteJabber Service, intentionally or unintentionally, to violate any applicable local, state, federal or international law or regulation; or
- register more than one user account;
- collect or store personal data about other users in connection with any prohibited activity described in this paragraph.
- Content Posted By You on the SiteJabber Site.
- You are solely responsible for any Content and other material that you submit, publish or display on the SiteJabber Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
- You agree not to post, distribute, or reproduce in any way on the SiteJabber Site or through the SiteJabber Service any copyrighted material, trademarks, or other proprietary or confidential information, without obtaining the prior written consent of the owner of such property. You agree not to submit or post to the SiteJabber Site any Posted Content or other material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You agree not to provide any Posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by SiteJabber.
- You agree not to provide any Posted Content that is unlawful, or that promotes or encourages illegal activity.
- You understand and agree that SiteJabber may review and delete any business listings or other information (including business name, address, phone, fax, distance, reviews, rating, reviews) or other Posted Content that in the sole judgment of SiteJabber violates these Terms of Service or which might be offensive, illegal, inappropriate or that might violate the rights of, harm, or threaten the safety or security of other users or members of the SiteJabber Site and/or other website users.
- You are solely responsible for your ratings and reviews of businesses listed on SiteJabber. SiteJabber reserves the right, but has no obligation (except as required under applicable law), to monitor disputes between you and any entity which you have reviewed.
- You agree that you will only provide Posted Content that you believe to be true; and you will not purposely provide false or misleading information.
- By posting Posted Content on the SiteJabber Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, SiteJabber and its agent, representatives and affiliates, and the users of the SiteJabber Site as may be permitted by SiteJabber, an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that SiteJabber will have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other SiteJabber users for purposes of constructing or populating a searchable database, forum or other aggregation of business or website reviews.
- Below is a partial list of the kind of Content and communications that are illegal or prohibited on or through the SiteJabber Site. SiteJabber reserves the right to investigate and take appropriate legal or other action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the SiteJabber Service and terminating the membership of such violators or blocking your use of the SiteJabber Service and/or SiteJabber Site. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to SiteJabber or users of the SiteJabber Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; or
- seeks or recommends providers of material that exploit people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
- You agree that you will not post reviews of websites or businesses for which you are being in any way compensated by the website or business being reviewed or their competitors.
- Copyright Dispute Policy.
SiteJabber has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of SiteJabber's agent to receive notice of claimed infringement ("Designated Agent") is indicated below.
Jeremy Gin
GGL Projects, Inc.
575 Market Street, Suite 375
San Francisco, CA 94105
(415) 894-5806
Email to: legal@sitejabber.com
- General Policy.
It is SiteJabber's policy to (i) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements.
If you believe that material or Content residing on or accessible through the SiteJabber Site or SiteJabber Service infringes a copyright, please send a notice of copyright infringement containing all of the following information to the Designated Agent ("Infringement Notice"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Specific identification of all works or materials being infringed;
- Specific identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that SiteJabber is capable of finding and verifying its existence;
- Complete contact information about the notifier, including physical mailng address (not P.O. box), telephone number and email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate, and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Upon Receipt of an Infringement Notice.
Once a proper, bona fide Infringement Notice is received by the Designated Agent, it is SiteJabber's policy:
- to remove or disable access to the infringing material;
- to notify the Content provider, member or user that it has removed or disabled access to the material; and
- for repeat offenders (or otherwise in SiteJabber's discretion), to terminate the Content provider's, member's or user's access to the SiteJabber Service.
- Procedure to Supply a Counter-Notice to the Designated Agent.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either (a) not infringing, or (b) rightfully posted and used with permission from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a written notice containing the following information ("Right to Use Notice") to the Designated Agent:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The Content provider's, member's or user's name, address, telephone number, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which SiteJabber is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
- Removal.
If a Right to Use Notice is timely received by the Designated Agent, SiteJabber may send a copy of the Right to Use Noticeto the original complaining party, informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in approximately 10 to 14 business days or more after receipt of the Right to Use Notice, at SiteJabber's discretion.
- Address for Designated Agent. Please contact SiteJabber's Designated Agent to Receive Notification of Claimed Infringement, Jeremy Gin at: legal@SiteJabber.com
- Venue Only.
If you enter into correspondence or engage in any commercial or business activity with any third party in connection with your use of the SiteJabber Service, such activity is solely between you and the applicable third party. SiteJabber will have no liability, obligation or responsibility for any such activity. You hereby indemnify and release SiteJabber from all claims arising from such activity.
- Privacy.
In addition to these Terms of Service, your use of the SiteJabber Site and SiteJabber Service is governed by our Privacy Policy, a copy of which is currently located at http://www.SiteJabber.com/privacy
- Term.
These Terms of Service will remain in full force and effect while you use the SiteJabber Site or SiteJabber Service. SiteJabber may terminate these Terms of Service for any reason, at any time, by posting on the SiteJabber Site. All provisions of these Terms of Service which reasonably apply after termination hereof will survive termination of these Terms of Service; and specifically, Sections 9, 10, 11, 12, 13, 14, 15 and 16 will survive any termination or expiration of these Terms of Service for any reason.
- Ownership.
The SiteJabber Site and SiteJabber Service (including, but not limited to, all text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the SiteJabber Site and SiteJabber Service are also copyrighted works. Except for the Content submitted by members or users, the SiteJabber Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by SiteJabber or its licensors. You acknowledge that the SiteJabber Service and any underlying technology or software used in connection with the SiteJabber Service contain SiteJabber's confidential or proprietary information. You will not copy, perform, modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the SiteJabber Site or SiteJabber Services, in whole or in part, except as expressly permitted under these Terms of Service. Except as expressly and unambiguously provided herein, SiteJabber and its suppliers do not grant you any express or implied rights, and all rights in and to the SiteJabber Site and SiteJabber Service not expressly granted by SiteJabber to you are retained by SiteJabber.
- Disclaimer.
THE SITEJABBER SITE AND SITEJABBER SERVICE ARE PROVIDED BY SITEJABBER ON AN "AS IS" BASIS. SITEJABBER (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE SITEJABBER SITE, THE SITEJABBER SERVICE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITEJABBER SITE OR IN ASSOCIATION WITH THE SITEJABBER SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SITEJABBER (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE OR TRADE PRACTICE. SITEJABBER (INCLUDING ITS SUPPLIERS, LICENSORS, AGENTS, REPRESENTATIVES AND AFFILIATES) FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SITEJABBER SITE. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SITEJABBER IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE SITEJABBER SITE. SiteJabber does not warrant or covenant that the SiteJabber Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the SiteJabber Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the SiteJabber Service is accessed at your own discretion and risk; and you will be solely responsible for any damage to your computer system or loss of data that results from the download or other use accessing of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM SITEJABBER, THE SITEJABBER SITE OR THROUGH OR FROM THE SITEJABBER SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Limitation on Liability.
SiteJabber will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SiteJabber's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including any so-called "line-noise" interference). WITHOUT LIMITING THE FOREGOING, AND REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL SITEJABBER OR ITS AFFILIATES OR SUPPLIERS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR DAMAGE OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SITEJABBER'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO SITEJABBER FOR THE SITEJABBER SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) U.S.$100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
- Indemnity.
You agree to defend, indemnify and hold SiteJabber, its parents, subsidiaries, affiliates, officers, agents and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of or access to the SiteJabber Site, (ii) your use of or access to the SiteJabber Service, (iii) the violation of these Terms of Service by you or any third party using your account or User ID or password, and (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
- Miscellaneous.
If there is any dispute about or involving the SiteJabber Site and/or the SiteJabber Service, by using the SiteJabber Site, you agree that the dispute will be governed by the laws of the State of California without reference to conflict of law principles. To the maximum extent permitted by law, you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, in the Northern District of California. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service; and you do not have any authority of any kind to bind SiteJabber in any respect whatsoever. SiteJabber may provide you with notices, including those regarding changes to the Terms of Service, by email, postal mail or postings on the SiteJabber Service. These Terms of Service, accepted upon use of the SiteJabber Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and SiteJabber regarding the use of the SiteJabber Site and/or the SiteJabber Service. The failure of SiteJabber to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you. The section titles in these Terms of Service are for convenience only and have no legal effect.
- Contact and Violations.
Please contact us with any questions regarding these Terms of Service, or to report any violations of the Terms of Service, by emailing legal@SiteJabber.com.
- Marks.
SiteJabber is a proprietary service and trade mark of SiteJabber.