Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Review Skeptic, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your ReviewSkeptic.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Review Skeptic of any unauthorized uses of your account or any other breaches of security. Review Skeptic will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you submit, post or otherwise make available (or allow any third party to submit, post or otherwise make available) material to or by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to submit, post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; and
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
By submitting, posting or otherwise making available Content to Review Skeptic, you irrevocably grant Review Skeptic world-wide, non-exclusive, perpetual, royalty-free, assignable, transferable and sublicensable rights to use, reproduce, modify, create derivative works from, adapt, distribute and publish the Content.
Without limiting any of those representations or warranties, Review Skeptic has the right (though not the obligation) to, in Review Skeptic's sole discretion (i) refuse or remove any content that, in Review Skeptic's reasonable opinion, violates any Review Skeptic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Review Skeptic's sole discretion. Review Skeptic will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Review Skeptic has not reviewed, and cannot review, all of the material, including computer software, submitted to, posted to or otherwise made available from the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Review Skeptic does not represent or imply that it endorses the material there submitted, posted or made available, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Review Skeptic disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there submitted, posted or made available.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ReviewSkeptic.com links, and that link to ReviewSkeptic.com. Review Skeptic does not have any control over those non-Review Skeptic websites and webpages, and is not responsible for their contents or their use. By linking to a non-Review Skeptic website or webpage, Review Skeptic does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Review Skeptic disclaims any responsibility for any harm resulting from your use of non-Review Skeptic websites and webpages.
- Intellectual Property. This Agreement does not transfer from Review Skeptic to you any Review Skeptic or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Review Skeptic. Review Skeptic, ReviewSkeptic.com, the ReviewSkeptic.com logo, and all other trademarks, service marks, graphics and logos used in connection with ReviewSkeptic.com, or the Website are trademarks or registered trademarks of Review Skeptic or Review Skeptic's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Review Skeptic or third-party trademarks.
- Changes. Review Skeptic reserves the right, at its sole discretion, to modify or replace any part of this Agreement, with our without notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Review Skeptic may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Disclaimer of Warranties. All content submitted to, posted to or available from the Website are provided "as is", and Review Skeptic, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Review Skeptic makes no representations or warranties regarding uptime for the Website or the accuracy of the Website in identifying deception or truth. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Review Skeptic, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
- Limitation of Liability. In no event will Review Skeptic, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Review Skeptic, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Review Skeptic, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Review Skeptic during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 8 represents a reasonable allocation of risk.
- Indemnification. You agree to defend, indemnify and hold harmless Review Skeptic, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in this Agreement.
- Termination. Review Skeptic may terminate this Agreement, your rights under this Agreement, and your access to all or any part of the Website in its sole discretion, for any reason or no reason at all, with or without cause and without notice or liability to you or any third party. If you wish to terminate this Agreement or your ReviewSkeptic.com account (if you have one), you may simply discontinue using the Website.
- Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning ownership provisions, intellectual property rights, disclaimers of warranties and limitations of liability; and representations, warranties and indemnity obligations.
- Miscellaneous. This Agreement constitutes the entire agreement between Review Skeptic and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Review Skeptic, or by the posting by Review Skeptic of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Review Skeptic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.