AGREEMENT BETWEEN USER AND ANGIE'S LIST
The Angie's List Message Boards are comprised of various Web pages operated by Angie's List. The Angie's List Message Boards are dedicated to providing an opportunity for users to exchange ideas, provide information, and facilitate general dialogue and opinions. As such, the content appearing on the Angie's List Message Boards does not necessarily reflect the views of Angie's List, and Angie's List does not assume responsibility or liability for the materials found on the Angie's List Message Boards, nor for any claims, damages or losses resulting from any use of this service or the materials contained therein. Users of information from the Angie's List Message Boards, or any linked websites, do so at their own risk. The Angie's List Message Boards are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Angie's List Message Boards constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Angie's List reserves the right to change the terms, conditions, and notices under which the Angie's List Message Boards are offered, including but not limited to the charges associated with the use of the Angie's List Message Boards. It is your responsbility to periodically review the terms for any changes.
LINKS TO THIRD PARTY SITES
The Angie's List Message Boards may contain links to other Web Sites ('Linked Sites'). The Linked Sites are not under the control of Angie's List and Angie's List is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Angie's List is not responsible for webcasting or any other form of transmission received from any Linked Site. Angie's List is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Angie's List of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Angie's List Message Boards, you warrant to Angie's List that you will not use the Angie's List Message Boards for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Angie's List Message Boards in any manner which could damage, disable, overburden, or impair the Angie's List Message Boards or interfere with any other party's use and enjoyment of the Angie's List Message Boards. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Angie's List Message Boards.
USE OF COMMUNICATION SERVICES
The Angie's List Message Boards may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, 'Communication Services'). Your access to the Communication Services is based upon the condition that you will use the Communication Services only for legal and appropriate uses. You acknowledge and agree that Angie's List may suspend or deny you access to all or part of the Communication Services without prior notice, if you engage in any conduct or activities that Angie's list in its sole discretion believes violates any of the terms and conditions set forth herein, violates the rights of Angie's List or a third party, or is otherwise inappropriate. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any content, or post a link to an external site, which is inappropriate, profane, defamatory, libelous, infringing, obscene, indecent, offensive, disrupting, or insulting, or which relates to an unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Angie's List has no obligation to monitor the Communication Services and makes no representation or warranty with respect to the veracity, reliability or completeness of any information found in any Communication Service. However, Angie's List reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Angie's List reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Angie's List reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Angie's List's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Angie's List does not control or endorse the content, messages or information found in any Communication Service and, therefore, Angie's List specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Angie's List spokespersons, and their views do not necessarily reflect those of Angie's List.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ANGIE'S LIST OR POSTED AT ANY ANGIE'S LIST WEB SITE
Angie's List does not claim ownership of the materials you provide to Angie's List (including feedback and suggestions) or post, upload, input or submit to the Angie's List Message Boards or its associated services (collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Angie's List, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Angie's List is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Angie's List's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ANGIE'S LIST MESSAGE BOARDS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ANGIE'S LIST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ANGIE'S LIST MESSAGE BOARDS AT ANY TIME. ADVICE RECEIVED VIA THE ANGIE'S LIST MESSAGE BOARDS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ANGIE'S LIST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ANGIE'S LIST MESSAGE BOARDS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OR CONDITION OF ANY KIND. ANGIE'S LIST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANGIE'S LIST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ANGIE'S LIST MESSAGE BOARDS, WITH THE DELAY OR INABILITY TO USE THE ANGIE'S LIST MESSAGE BOARDS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ANGIE'S LIST MESSAGE BOARDS, OR OTHERWISE ARISING OUT OF THE USE OF THE ANGIE'S LIST MESSAGE BOARDS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANGIE'S LIST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT ANGIE'S LIST'S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ANGIE'S LIST MESSAGE BOARDS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ANGIE'S LIST MESSAGE BOARDS.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE COMMUNICATION SERVICE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT ANGIE'S LIST IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF LIABILITY BETWEEN ANGIE'S LIST AND YOU.
INDEMNIFICATION
You agree to defend, indenmify, and hold Angie's List harmless, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys' fees, arising in connection with use of the Angie's List Message Boards by you or by anyone using your password, or in connection with a violation or breach of this agreement by you or by anyone using your password, including without limitation, (i) claims based on defamation or other conduct by you in using the Angie's List Message Boards, or (ii) your violation of any intellectual property laws including without limiation those relating to copyright, trademarks or trade secrets.
SERVICE CONTACT
If you believe that the Angie's List Message Boards contain a posting or materials that is defamatory, obscene, offensive, unlawful, or otherwise in breach of this agreement, please report the matter immediately to forum@angieslist.com. Please refrain from retaliation, as retaliation will only further complicate and aggravate the situation.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(2), provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. After proper notification by the copyright holder or its agent to Angie's List, Angie's List will terminate the password of any person who uses his or her password to unlawfully transmit copyrighted material without a license, valid defense, or fair use privilege to do so. If you believe that your copyright has been infringed through the use of Angie's List Message Boards, please report the matter immediately to forum@angieslist.com.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Angie's List Message Boards are: Copyright © 2005-2006 Angie's List. All rights reserved. Any use of Angie's List copyrights without the express written permission of Angie's List is strictly prohibited.
TRADEMARKS
All other rights, title and interest in names, terms, logos, slogans, images and other indicia identifying Angie's List's services mentioned herein are proprietary marks belonging to Angie's List. The names of companies and products not owned by Angie's List and mentioned herein may be the trademarks of their respective owners. Any use of the trademarks belonging to Angie's List, or any third party, without the express written permission of the respective trademark owner is strictly prohibited.
TERMINATION/ACCESS RESTRICTION
Angie's List reserves the right, in its sole discretion, to block, suspend or terminate your access to the Angie's List Message Boards and the related services or any portion thereof at any time, without notice, for any reason or no reason at all.
GENERAL
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in this agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Marion County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Angie's List Message Boards. Use of the Angie's List Message Boards is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The failure of Angie's List to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Angie's List as a result of this agreement or use of the Angie's List Message Boards. Angie's List's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Angie's List's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Angie's List Message Boards or information provided to or gathered by Angie's List with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement shall not be construed against any party by reason of its preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Angie's List with respect to the Angie's List Message Boards and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Angie's List with respect to the Angie's List Message Boards. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.