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Terms of Use


PLEASE READ THE FOLLOWING TERMS OF USE (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS WEB SITE OR OUR OTHER SERVICES. By using our web site or other services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use our web site or other services. We reserve the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates once they are posted on our web site.

1. Ratings Significance

"Customer Approved" ratings reflect the aggregated responses of actual customers--typically many thousands of customers--who participate in the surveys. As such, these ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a professional, service group or other third party in any given transaction.

2. Legal Disclaimer

PDQrate.com shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on PDQrate.com, or for any loss, damage, expense or injury resulting from any transactions conducted with any professional,service group or other third party listed on PDQrate.com. The information, services, products, and materials contained in this web site or available through our other services, including, without limitation, all text, graphics, and links, are provided on an "AS IS" basis. To the maximum extent permitted by law, PDQRATE.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. In addition, since PDQrate.com cannot verify all information provided by professionals, services groups or other third parties, and errors in gathering or reporting such information may occur due to the large volume of professionals with many different services, PDQrate.com does not represent or warrant that the information accessible via our web site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any professional, service group or third parties to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our web site or through our other services. Furthermore, due to the nature of online information, all information regarding such matters is subject to change without notice. PDQRATE.COM SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH PDQRATE OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our web site or other services.

3. Liability Limitations

In no event shall PDQrate.com or its affiliates or agents (the "PDQrate.com Parties") be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this web site or through our other services. FURTHERMORE, IN NO EVENT SHALL PDQRATE.com OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy.

4. Third-Party Sites

Our web site or other services may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.

5. Dispute Resolution

We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any dispute or controversy between us, or arising in any way out of the use or operation of our web site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA) in Los Angeles, California, under the rules and procedures of the AAA. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate judicial forum pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.

6. Other Terms

Our web site and other services are operated and provided in the State of California, USA. As such, we are subject to the laws of the State of California, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site or other services, you agree to do so subject to the internal laws of the State of California. You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a PDQrate.com Member or participation in any other program or service offered by PDQrate.com.

7. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2000 PDQrate.com, with all rights reserved, or is the property of PDQrate.com and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this web site for the sole purpose of using this site as a shopping resource. Any other use of materials on this web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PDQrate.com is strictly prohibited.

PDQrate ® is a registered service mark of PDQrate.com. PDQrate.com's service marks/trademarks may not be used in connection with any product or service that is not provided by PDQrate.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PDQrate.com.

All other trademarks displayed on PDQrate.com's web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between PDQrate.com and these companies.

PDQrate.com disclaims any responsibility for the content of any third party materials provided through or on our web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights.

© 2000-2001 PDQrate.com

 

 



 

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