Terms and Conditions
INTRODUCTION
This Membership Agreement contains
the terms and conditions that all members agree to when becoming members of
Internet Consumer Guard. Please read
this Agreement carefully as it governs the relationship between Internet
Consumer Guard and your business.
1. International
Copyright and use of website information, seals and other proprietary
information.
Domestic and International copyright
and trademark laws protect the entire contents of the website. Internet
Consumer Guard restricts any use of the material on our website by anyone
without written permission from Internet Consumer Guard. You may use the Seal and other descriptive
material on our website to display proof of your membership in our organization
according to the provisions in this Membership Agreement. Internet Consumer Guard will be allowed to
use the name and website address of all members in our Membership List but
shall not provide the information disclosed to any third party for promotional
use.
2. Use of our website.
Internet Consumer Guard does not
endorse, promote or control any products or services offered by any member of
Internet Consumer Guard. Internet
Consumer Guard does not insure the accuracy of the information provided by
members or have any liability for inaccuracy in the records describing the
member businesses.
Internet Consumer Guard cannot and
does not guarantee or warrant that files available for downloading through the
website will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. Internet Consumer Guard does have anti-virus
and other protection on our website and for our emails but cannot guarantee
that no destructive program has corrupted the website temporarily. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to
your Website for the reconstruction of any lost data.
Internet Consumer Guard disclaims
any responsibility for the content or availability of information contained in
our search index or directory. Although
reasonable effort is made to maintain accuracy, Internet Consumer Guard disclaims
any responsibility for the completeness or accuracy of any directory or search
result.
As a member of Internet Consumer
Guard you specifically agree you will not:
a) Transmit any message,
information, data, text, software or images, or other content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable information that may invade
another's right of privacy or publicity.
You will not display any information harmful to children and you will
maintain protection where possible of any misuse of your website by children.
b) Must never knowingly communicate dishonest and inaccurate
information;
c) Impersonate any person
or entity, including but not limited to, an Internet Consumer Guard employees
or falsely state or otherwise misrepresent your affiliation with a person or
entity;
d) Post or transmit any
information that you do not have a right to reproduce, display or transmit
under any law or under contractual or fiduciary relationships such as
nondisclosure agreements;
e) Post or transmit any
information that contains a virus or corrupted data;
f) Violate any
applicable local, state, province, national or international law;
g) Upload or transmit any
information that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any third party;
h) Delete or revise any
information posted by any other person or entity;
3. Limitation of
liability
IN NO EVENT WILL INTERNET CONSUMER
GUARD BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF INTERNET CONSUMER GUARD OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, INTERNET CONSUMER GUARD'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW
4. Indemnification and Reservation of Rights.
You agree to indemnify, defend and
hold harmless INTERNET CONSUMER GUARD, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the
Site from and against all losses, expenses, damages and costs, including
attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or your use and access of the Site.
INTERNET CONSUMER GUARD reserves the
right to release current or past member or Web site user information if
INTERNET CONSUMER GUARD believes that a member's account is being used to
commit unlawful acts, if the information is subpoenaed and/or if INTERNET
CONSUMER GUARD deems it necessary and/or appropriate.
5. Termination of
Membership.
Members may terminate their
membership at any time for any reason but any membership fees paid will not be
refunded. The provisions of paragraphs
dealing with Copyright, Licenses, Use of the website, Indemnification, and
Third Party Rights shall survive any termination of this Membership Agreement.
6. Special Terms for International Use.
Recognizing the global nature of the
Internet, you agree to comply with all local rules including, without
limitation, rules about the Internet, data, e-mail, or privacy in the country
in which you reside.
7. Dealings with Third Parties.
Your participation, correspondence
or business dealings with any third party found on or through the Site,
regarding the payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such third party. You agree that INTERNET CONSUMER
GUARD shall not be responsible or liable for any loss, damage or other matters
of any sort incurred as the result of any such dealings.
8. Links.
Our website may provide, or third
parties may provide, links to international websites or resources. Because INTERNET CONSUMER GUARD has no
control over such sites and resources, you acknowledge and agree that INTERNET
CONSUMER GUARD is 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. You further acknowledge and agree that INTERNET CONSUMER
GUARD 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 or through any
such site or resource.
9. Jurisdiction/claims.
This Agreement shall all be governed
and construed in accordance with the laws of the State of Arizona, United
States applicable to agreements made and to be performed in the State of
Arizona, United States. You agree that
any legal action or proceeding between INTERNET CONSUMER GUARD and you for any
purpose concerning this Membership Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in the County of Maricopa, State of Arizona, United
States.
Any cause of action or claim you may
have with respect to the website must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action is
barred. INTERNET CONSUMER GUARD's
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement.
INTERNET CONSUMER GUARD may assign its rights and duties under this
Membership Agreement to any party at any time without notice to you.
10. Privacy Policy.
Internet Consumer Guard respects the
privacy of its members and has created a Privacy Policy that explains the users’
rights and responsibilities with respect to personal information disclosed on this
website. To read our Privacy Policy,
please click here.
Any rights not expressly granted
herein are reserved.