Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”) and DebtReliefReviews.com (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.debtreliefreviews.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all these Terms of Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE AND MUST DISCONTINUE USE IMMEDIATELY.

 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.  You agree to waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of any updates.  You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

We provide this Site for use only by persons located in the United States and its related territories.  We make no claims that this Site or any of its content is accessible or appropriate outside of the United States and its related territories.  Access to this Site may not be legal by certain persons or in certain countries.  If you access this Site from outside the United States and its related territories, you do so on your own initiative and are responsible for compliance with local laws.

 

Who We Are

DebtReliefReviews.com is an online review site created to help keep consumers educated and informed.  We research and recommend services that fit the needs of a variety of individuals.  We have financial relationships with some of the companies we cover which means that in certain cases we may receive an incentive if we share information with them since we are a participant in a number of affiliated marketing programs.  Nonetheless, those relationships do not strictly dictate the advice and recommendations provided on our Site.  The recommendations provided are produced independently by our review team based on their research and expertise and a range of criteria, including but not limited to market data, company information, years in business and user reviews.  We source our user reviews from a variety of channels.  Many reviews are submitted by consumers who visit our Site in the course of their research and choose to leave a review.  Other reviews may be solicited by a vendor that encourages its customers to leave a review (vendors may not post reviews of their own services, nor a competitor’s product, nor on a user’s behalf or for another product from which they could receive a strategic or financial benefit).  Reviews must be submitted directly by the user via our Site’s review form.

 

All user reviews submitted to us are subject to screening and approval.  The scores and rankings of companies on our Site are calculated from our proprietary algorithm.  While we endeavor to provide honest reviews and rankings, you acknowledge that; 1) information on our Site may be reliant upon third party data and contributions whereby there are certain inherent limitations as to the accuracy or currency of such information, 2) professional and other information may be incomplete or outdated, or 4) the data may contain errors, omissions or misinterpretations.  A rating or review reflects our assessment of a given company based upon the information obtained by or submitted to us; someone else’s assessment of the same company may be different or based upon different information. Neither our ratings, nor any of the other information contained on our Site are an endorsement of this information. Furthermore, you should independently verify the accuracy of any information on our Site before using it and obtain independent references for any company you consider using their services. 

 

We do not select, screen, approve, endorse or limit who can post reviews, comments, or information (collectively, “Information”). In addition, although we reserve the right to review, remove or edit any content from the Site, we do not routinely screen, monitor, or review the content of any such Information.  As a result, we have no control over and do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Information or the qualifications of those posting such information. 

 

The Federal Trade Commission (FTC) Endorsement Guidelines require online companies to provide clear notice when a review has been submitted in exchange for a nominal incentive (whether invited by the website or by the software vendor). See https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.  Similarly, California enacted the Fair Debt Settlement Practices Act (AB 1405) which also includes provisions for online review or ranking websites.

 

How to Read a Review

A review expresses the opinion of a single person with experience using a certain product or service.  When evaluating a product or service review, it is important to consider the following:

 

  • Do not rely on a single review. Each reviewer’s experience is unique to their own situation. Wherever possible, take into consideration multiple reviews to develop a broad understanding of the provider’s capabilities and support.
  • Evaluate reviews over time. It’s important to consider how reviews about a vendor have progressed over time to see if past issues are being resolved, and whether new issues are being addressed. More recent reviews are more likely to reflect a product’s most current set of capabilities and most relevant experiences.

 

User Reviews  

We encourage the reviews of others.  Reviews play an important part in educating potential users of services by sharing the opinions of peers and others who have relevant experiences. Reviews not only help consumers make better informed decisions but provide vendors with feedback and valuable insight about their own service. We take each review seriously and focus on creating a Site that is helpful and maintains high-quality, relevant content written and is free of conflicts of interest.  As a result, our Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, reviews or other materials (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

 

Protecting the integrity of the reviews on our Site and our rankings is our priority.  We want to see honest reviews from anyone who has interacted with a company on our site. Great reviews do more than praise or criticize a company. They illustrate an experience and show others what they can expect. We encourage people to resubmit their reviews with their most up-to-date experience.

To ensure we publish honest reviews and display fair rankings, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by our Site and these Terms of Use.
  3. Your Contributions are not false, inaccurate, or misleading.
  4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  7. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  8. Your Contributions do not violate any applicable law, regulation, or rule.
  9. Your Contributions do not violate the privacy or publicity rights of any third party.
  10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. You will not take any action or assist, encourage, induce, or request that anyone else take any action which may impair or negatively affect the visibility or ranking of our pages in search engines such as Google, Bing, Yahoo!, or the like. You will not insert or cause to be inserted any HTML, JavaScript, PERL, or any other form of computer code into any data field or into any webpage on our Site. You will not do, or aid anyone else in doing, anything that could disable, overburden, or impair the proper working of our Site, such as a denial-of-service attack.
  14. You are the creator and/or owner of or have the necessary licenses, rights, consents, releases, and permissions to use and grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
  15. You are solely responsible for your Contributions to our Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.

 

Similarly, if you believe someone else’s review violates our guidelines or is fraudulent or otherwise inappropriate, please report it by notifying us at Contact Us below.  Along with the indication that you would like to flag a review, please provide a link to the product page, details about the review in question, and all facts that would help our team in their investigation. Our reviews team will evaluate the review to determine if it meets our Site guidelines.  If the team determines the review does not meet our guidelines, it will be removed from our Site.  If the review meets our guidelines, it will remain published.  While we may investigate the legitimacy of a review if a concern has been raised, any decision about the review is made by the review investigation team alone, independent of the source of the request. A “flag” request will only ensure an investigation from our reviews team and is not a guarantee for removal.  All requests will be evaluated in the order they come in, and no further action is required on the part of the requestor.

 

As a neutral content platform, we will not make subjective decisions as to the intent and opinions expressed in the content of any review.  We do not facilitate arbitration. We are not mediators and will not intervene in disputes between our reviewers and vendors.  Most investigations are concluded within a week but may be extended to allow for the research and outreach necessary to make an informed decision. During the investigation, the review at issue will remain published and visible.  In order to prevent false accusations from manipulating the overall reviews scores received, we do not remove reviews during investigation.

 

Tips for Writing a Good Review

The reviews posted on our Site help guide consumers to select the services that best meets their needs. You should consider these tips when writing your own review:

  • Be specific. What services did you enjoy? Instead of just saying that you like the product, explain why. Use clear examples of specific experiences – the more details, the better.
  • Be readable. Reviews need to be readable for others. Use proper grammar, without excessive capitalization or punctuation, and be sure to check your spelling.
  • Be objective. Try to highlight both positives and negatives in your review, even if your experience skews heavily in one direction.
  • Be recent. The best reviews are those written within a recent period of time of experiencing the services.
  • Be relevant. We provide an open forum, but please keep your review useful to other consumers. Avoid off-topic discussions or personal opinions not relevant to your direct experience using the services.
  • Do not have a conflict of interest with the service being reviewed. Vendors, their employees, or anyone with a financial interest in the success of a product are not allowed to review their own product or a competitor’s product.
  • Post your own review.  We do not allow reviews to be posted on another’s behalf.
  • Reviews must contain original content.  We do not allow reviews to be copied from another source, including our own Site.
  • Reviews must provide honest feedback about the product being reviewed and must not be used to deliberately promote or disparage another product.  Reference to other services or vendors other than the service being reviewed is permitted only when the reference is intended to add value to the review.
  • Reviews must not include others’ personal information.  We do not allow reviews to contain information that can be used to identify an individual or otherwise compromise their privacy.
  • Reviews must not accuse or make reports of unproven criminal activity.  We do not allow references to criminal activity in our reviews.  An example of what we would not allow would be a direct accusation of theft (i.e. “This company stole my customer list”, or “We have a lawsuit filed against this company.”), but would not include spurious statements (i.e. “This company ripped me off”, “Beware of their scam-like practices”, or “They are fraudsters and not to be trusted”).  Our team is not qualified to make a decision as to the truthfulness of a legal accusation.

 

Third-Party Content

Our Site may contain (or you may be sent via the Site) links and other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).   

 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through our Site or any Third-Party Content posted on, available through, or installed from our Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave our Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Site or relating to any applications you use or install.  Any purchases you make through Third-Party Websites will be at our own risk as we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable Third-Party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

We may also allow advertisers and others to display their advertisements and other information in certain areas of the Site such as sidebar advertisements or banner advertisements.  Some of the links on these advertisements may be “affiliate links”. This means if you click on the link and purchase an item, we may receive an affiliate commission.  We are a participant in a number of affiliate marketing programs.

 

Intellectual Property Rights

Unless otherwise indicated, our Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement at Contact Us below.  The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our Site or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. 

 

The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and email address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above information may result in the delay of the processing of your complaint.

 

Note: If you submit a removal request and you are not the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result.

 

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD

 

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy in the link provided in the footer of the Site.  By using our Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

 

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

Interruptions and/or Changes to the Site

We reserve the right to change, modify, or remove contents of the Site at any time or for any reason at our sole discretion without notice.  We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California, Orange County without regard to its conflict of law principles.

 

Waiver

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in California, and we both hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.  In no event shall any claim, action, or proceeding brought by either of us related in any way to the Site be commenced more than one (1) year after the cause of action arose.

 

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or our Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California.

 

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of our Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.