Terms and Conditions

The TrustRev.com Web site (the 'Web site') is provided to you by TrustRev.com. Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Web site or downloading materials from the Web site, 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, please do not use this Web site.

Best Viewing Practices

This site makes use of dynamic HTML and is designed to display properly in Internet Explorer 8 and above, Firefox, Chrome & Safari. We recommend upgrading to the most recent browser for optimal site viewing and performance.

Intellectual Property

The copyright in this entire Web site is held by TrustRev.com. All material provided on this Web site 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 Web site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of TrustRev.com. Visitors are permitted to download or print one copy of material published on this Web site 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. TrustRev.com 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 Web site are claimed by TrustRev.com and no trademark license, either express or implied, is granted by TrustRev.com. You do not have any right to use any Trademarks displayed on this Web site except as expressly provided under the doctrine of Fair Use without the prior written permission of All TrustRev.com. Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks, TrustRev.com will pursue its legal remedies without delay.

Electronic Information Submitted to this Web site.

Please be advised that neither TrustRev.com, 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 Web site ('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 TrustRev.com. Therefore, TrustRev.com 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 Web site. TrustRev.com 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, TrustRev.com 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 Web site's users and third parties acknowledge, by usage of this Web site, that he/she/it is solely responsible and liable for his/her/its Content, and neither TrustRev.com nor any affiliated persons or entities is the guarantor or indemnitor of any such party.

For clarity, you retain all of your ownership rights in the Content that you submit to this Web site. However, by submitting Content on the Web site, you hereby grant TrustRev.com 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 Web site and TrustRev.com’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Web site a non- exclusive license to access your Content through the Web site, and to use, reproduce, distribute, display and perform such Content permitted through the functionality of the Web site and under these Terms of Service. The above licenses granted by you in the Content terminate within a commercially reasonable time after you remove or delete your Submissions from the TrustRev.com service. You understand and agree, however, that TrustRev.com 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 TrustRev.com, any Content or other information submitted to this Web site by users or other third parties shall be treated as non-confidential, non-proprietary and subject to disclosure and usage for any purpose as TrustRev.com deems fit in its absolute sole discretion.

Our use of your Information

TrustRev.com protects your personally identifiable data, as well as other information, as set forth in its privacy policy (the “Privacy Policy”). The Privacy Policy explains our data collection practices in general, how we use the information we collect, and, specifically, the collection and use of personally identifiable information. We encourage you to review our Privacy Policy before you use TrustRev.com.

Our mandate on removing reviews

NOTE: Non-subscribing merchants may not solicit reviews in any way. Merchant Members
(a) may not ask for *positive* reviews
(b) must honor any offers for soliciting unbiased reviews, regardless of the rating given
(c) may not ask customers to change or remove negative reviews
(d) may not solicit reviews from non-customers or prospective buyers
(e) must wait minimum 7 days to solicit reviews from customers unless the provided exit survey link is used

Violation of these terms may result in removal of any favorable reviews that resulted from these actions.

Subject to, and without waiver of, any of the foregoing legal disclaimers and limitations on any liability, TrustRev.com, in certain situations outlined below, may at its absolute discretion remove Content provided by users or other third parties to the extent:

(1) it is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;
(2) it is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;
(3) it 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;
(4) The posting contains vulgar, profane, or obscene language;
(5) The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;
(6) The posting is not the type of posting for which the Web site is intended, namely rating companies that provide products or services;
(7) 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');
(8) The posting constitutes multiple copies of the same posting, or more than one review for a single company by a single user;
(9) 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);
(10) The posting was made by a current employee, former employee, or immediate family member of the company being reviewed;
(11) The posting contains written communications between any parties;
(12) The posting contains references, such as names or domain names, to any other retailers besides the retailer that is the subject of the posting;
(13) 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
(14) The review was posted to TrustRev.com 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.

If you believe that a user has posted material which meets one of the above conditions, contact us. via our form, or write to us at the address provided below.
The star rating obviously does not match the user provided comments, e.g. a positive user comment accompanied by a negative star rating.

Disclaimer

THE INFORMATION IN THIS WEB SITE 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. TrustRev.com SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE.

TrustRev.com makes no representations about Web sites accessed from this Web site which are not maintained, controlled or created by TrustRev.com and does not endorse any linked Web sites or the information appearing thereon. Links do not imply that TrustRev.com is affiliated with or associated with such linked Web sites, their owners or operators, or any related companies.

TrustRev.com is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services or prices posted in this Web site without prior notice as it deems necessary.

Notice of Claims of Intellectual Property Violations and Agent for Notice

It is the policy of TrustRev.com 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'), TrustRev.com 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 TrustRev.com's 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 TrustRev.com’s sites or services, with enough detail that we may find it on our Web site;
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.

Indemnity

You agree to indemnify, hold harmless, and defend TrustRev.com, 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 Web site.

Limitations of Liability

NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE TrustRev.com 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 WE, 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 TrustRev.com 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 WE NOR OUR LICENSORS, SUPPLIERS AND/OR AFFILIATES ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE TrustRev.com SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL TrustRev.com’S, OR TrustRev.com LICENSORS', DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID TrustRev.com 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

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 TrustRev.com and any user or any third party accessing or in any way making use of this Web site.

Dispute Resolution

You agree that in the event a dispute arises concerning your use of TrustRev.com, or any other program or service offered by TrustRev.com, 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 San Francisco, CA. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in the County of San Francisco, CA.

Choice of Law

You agree that any dispute arising under this Agreement shall be governed by the laws of the state of California.

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.

Survival

In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable.

Agreement

Your use of this Web site signifies your agreement to be bound by the provisions set forth in these Terms of Service.