By using our Service you agree to the following Terms of Service.
Please read them carefully!
Summary of Terms of Service
A. You agree to
provide true and correct information about yourself in the Terms of Service registration form.
B. You agree not to use the service for illegal purposes or for the transmission
of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes
or may infringe the intellectual property or other rights of another.
D. You agree that Repcheck and their Partners and Designees may in their sole
discretion terminate your account if they believe you have in any way violated the Terms of
Service.
E. Please report any violations of the Terms of Service to abuse@repcheck.com.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Service (the "Service"), owned and operated by Repcheck
is provided to you ("User") under the terms and conditions of this Terms of Service
and any amendments thereto and any operating rules or policies (the "terms of service")
that may be published from time to time by Repcheck The terms of service comprises the entire
agreement between User and Repcheck and supersedes any prior agreements pertaining to the subject
matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT"
BUTTON, YOU ARE AGREEING TO BE BOUND BY THE terms of service.
II. DESCRIPTION OF SERVICE
Repcheck and Partner is providing User with the capability to view
and submit personal opinions about other people via the World Wide Web on the Repcheck system.
Repcheck does not charge User for the Service, except for Enhancements User may elect to obtain.
User must: (a) provide for User's own access to the World Wide Web and pay any service fees
associated with such access, and (b) provide all equipment necessary for User to make such
connection to the World Wide Web, including a computer and modem.
III. USER'S REGISTRATION OBLIGATIONS
In consideration of use of the Service, User agrees to: (a) provide
true, accurate, current and complete information about User as prompted by the Registration
Form, and (b) to maintain and update this information to keep it true, accurate, current and
complete. This information about a User shall be referred to as "Registration Data."
If any information provided by User is untrue, inaccurate, not current or incomplete, Repcheck
has the right to terminate User's account and refuse any and all current or future use of the
Service.
IV. USE OF REGISTRATION DATA
User agrees Repcheck Partner or its designee may disclose Registration
Data to third parties about User and information about User's use of the Service provided that
such disclosures do not include User's, mailing address, Email address, telephone or facsimile
number, or account number, except as authorized by User or User's representative or as required
by law or legal process., or as set forth in Paragraph VII below.
V. MODIFICATIONS TO TERMS OF SERVICE
Repcheck and Partners may change the terms of service from time
to time. User will be notified of any such changes by a startup screen describing the changes.
By clicking on the "I Accept" button that follows the posted changes User agrees
to be bound by the modifications to the terms of service. If User does not click the "I
Accept" button, User's account will be terminated.
VI. MODIFICATIONS TO SERVICE
Repcheck reserves the right to modify or discontinue, temporarily
or permanently, the Service with or without notice to User. User agrees that Repcheck and Partners
shall not be liable to User or any third-party for any modification or discontinuance of the
Service.
VII. MAIL PRIVACY POLICY
Repcheck will not edit the contents of a User's private communications,
except that User agrees Repcheck and Partners may do so: (a) as required by law; (b) to comply
with legal process; (c) if necessary to enforce the terms of service; (d) to respond to claims
that such contents violate the rights of third-parties; (e) to protect the rights or property
of Repcheck, Partners or others. User understands and agrees that technical processing of Email
communications is and may be required (a) to send and receive messages; (b) to conform to the
technical requirements of connecting networks; (c) to conform to the limitations of the Service;
or (d) to conform to other, similar technical requirements. User acknowledges and agrees that
Repcheck and Partners do not endorse the content of any User communications and are not responsible
or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful,
vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or
may infringe the intellectual property or other rights of another.
VIII. MEMBER ACCOUNT, PASSWORD AND SECURITY
User will receive a password and account designation upon completing
the registration process. User is responsible for maintaining the confidentiality of the password
and account, and is fully responsible for all activities which occur under User's password
or account. User agrees to immediately notify the Service of any unauthorized use of User's
password or account or any other breach of security.
IX. MEMBER CONDUCT
User agrees to abide by all applicable local, state, national, and
international laws and regulations in User's use of the Service, and agrees not to interfere
with the use and enjoyment of the Service by other Users. User agrees to be solely responsible
for the contents of User's transmissions through the Service. User agrees (a) not to use the
Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or
networks connected to the Service; (c) to comply with all requirements, procedures, policies
and regulations of networks connected to the Service; and (d) to comply with all applicable
laws regarding the transmission of technical data exported from the United States. User agrees
not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User
agrees not to transmit any material that violates the rights of another, including but not
limited to the intellectual property rights of another. User agrees not to transmit any material
that violates any applicable local, state, national, or international law or regulation. User
agrees not to attempt to gain unauthorized access to other computer systems or networks connected
to the Service. Finally, User agrees not to transmit "junk mail", "spam",
"chain letters", or unsolicited mass distribution of Email.
X. INDEMNITY
User agrees to indemnify and hold Repcheck and Partners, and their
parents, subsidiaries, and Affiliates, officers, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising out
of User's use of the Service, User's connection to the Service, User's violation of the terms
of service, or User's violation of any rights of another.
XI. NO RESALE OF SERVICE
User agrees not to resell the Service or use of or access to the
Service.
XII. TERMINATION
User agrees that Repcheck or Partners may terminate User's password,
account or use of the Service if Repcheck or Partners believes (a) that User has violated or
acted inconsistently with the letter or spirit of the terms of service, or (b) that User has
violated the rights of Repcheck or Partners or other Users or parties. User further agrees
that Repcheck or Partners may terminate User's password, account or use of the Service if User
fails to use the Service at least one time during a reasonable period of time as determined
by Repcheck and Partners from time to time which period shall not be less than three months.
User acknowledges and agrees that any termination of service under this Agreement under any
provision of this Agreement may be effected without prior notice, and acknowledges and agrees
that Repcheck and Partners may immediately delete Email files in User's account and bar any
further access to such files or the Service.
XIII. DEALINGS WITH ADVERTISERS
User's correspondence with or participation in promotions of advertisers
found on the Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such dealings, are solely
between User and such advertiser. User agrees not to hold Repcheck or Partners liable for any
loss or damage of any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service.
XIV. LINKS
The Service may provide, or Users may include in Email, links to
other Web sites or resources. User acknowledges and agrees that Repcheck and Partners are not
responsible for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products, or other materials
on or available from such sites or resources. User agrees that Repcheck and Partners shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such content, goods or services
available on such external sites or resources.
XV. Repcheck'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited
to text, software, music, sound, photographs, graphics, video, or other material contained
in sponsor advertisements or information presented to User through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents, or other proprietary rights
and laws. User acknowledges and agrees that User is permitted to use this material and information
only as expressly authorized by Repcheck, Partners or advertisers, and may not copy, reproduce,
transmit, distribute, or create derivative works of such content or information without express
authorization.
XVI. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Repcheck
AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Repcheck AND PARTNERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET
USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES Repcheck OR AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND
AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR
FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA. Repcheck AND PARTNERS MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Repcheck
OR AFFILIATES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XVII. LIMITATION OF LIABILITY
USER AGREES THAT REPCHECK AND PARTNERS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF REPCHECK OR PARTNERS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.USER FURTHER AGREES THAT REPCHECK AND PARTNERS
SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF
SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT,
NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY APPLY TO YOU.
XIX. NOTICE
Any notice to User or to the Service shall be made via either Email
or regular mail. The Service may also provide notices of changes to the terms of service or
other matters by displaying notices to Users generally on the Service.
XX. GENERAL
The terms of service and the relationship between User and Repcheck
and Partners shall be governed by the laws of the State of New York without regard to its conflict
of law provisions. User and Repcheck and Partners agree to submit to the personal and exclusive
jurisdiction of the courts located within the state of New York. The failure of Repcheck and
Partners to exercise or enforce any right or provision of the terms of service shall not constitute
a waiver of such right or provision. If any provision of the terms of service is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the terms of service remain in full force and effect. User agrees that
regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the terms of service must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the terms of service are for convenience only and have no legal or contractual
effect.
© Copyright 2000 Repcheck - All rights reserved.
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