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Individual User Agreement

This page contains our Individual User Agreement. You may wish to print this page for reference.

This Agreement sets forth the terms and conditions for your use of this ConsumerLab.com Web site. Your use of this site confirms your automatic agreement to these terms and conditions.

This Agreement (the "Agreement") is between you and ConsumerLab.com, LLC ("CL"), a limited liability company organized and existing under the laws of New York.

  1. Your Rights.
    CL grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site including the materials and information provided hereon (the "Site") provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.


  2. Fee-Based Service Charges.
    Certain components or functionalities of this site are available only through the purchase of a site subscription ("Fee-Based Services"). Paragraphs (a) and (c) do not apply to subscriptions obtained through a CL gift certificate.


    1. You agree to pay, using a valid credit card which CL accepts and you are authorized to use, the subscription charges set forth on the Site, any applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. Customer orders, once accepted by CL, are not subject to cancellation by you. CL reserves the right to prospectively (not retroactively) increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. CL will automatically charge your account for renewal of your annual site subscription, unless, at any time prior to the renewal date, CL receives notice of non-renewal from you or you uncheck the "Automatic Subscription Renewal" box for your account (accessed by logging in any time after your account is opened, clicking on "My Account" and then viewing "Subscription Information"). The renewal charge will be the same as the prior year's charge, unless you are otherwise notified in advance. If CL cannot charge your account, CL reserves the right to terminate your access to the Fee-Based Services.

    2. You are responsible for your own costs and expenses associated with connecting to the Internet in order to reach the Site and access the Fee-Based Services.

    3. For purposes of identification and billing, you agree to provide CL with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at CL's option, result in immediate suspension or termination of your right to use the Fee-Based Services.

    4. You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.

    5. Refund Policy:
      Original Subscription: Subscription fee for original one-year or two-year subscriptions will be refunded in full if requested within 30 days of purchase. After such time, amount of refund will be calculated as the fee paid minus a) the then current fee for a 30-day single report subscription and, b) an amount reflecting the percentage of time currently into the balance of the subscription period beyond the first 30-days. There are no refunds for 30-day subscriptions.

      Automatic Renewal Subscription: Subscription fee for automatic renewal subscriptions will be refunded in full if requested within 60 days of purchase. After such time, amount of refund will be calculated as the fee paid minus a) the then current fee for a 30-day single report subscription and, b) an amount reflecting the percentage of time currently into the balance of the subscription period beyond the first 30-days.
  3. Noncommercialization.
    Neither the Site, nor any materials or information on the Site, nor the name or logos of ConsumerLab.com may be used or referred to in any advertising or for any other commercial purpose, including any use on the Internet, without the express prior written permission of CL in each instance. CL will take all steps open to it to prevent any unauthorized commercial use of its materials and its name. You agree to use the Site, Forums and Fee-Based Services only in a noncommercial manner. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us at subscription@consumerlab.com or 914-722-9149.


  4. Copyright and Trademarks.
    All materials and information on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned and/or controlled by CL, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

    You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the express prior written permission of CL.

    You agree not to use any trademarks, service marks, names, logos, or other identifiers of CL (collectively, "Marks") without the prior written permission of CL.

    Copyright © ConsumerLab.com, LLC, 2001. All rights reserved.

    CONSUMERLAB.COM and other related marks used on this site are trademarks of ConsumerLab.com, LLC.

  5. Forums.
    CL may make available to users of the site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). CL cannot review all communications made on or through the Site. However, CL reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which CL in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any CL policy.


  6. Communicating with the Site.
    You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which
    1. is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
    2. is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
    3. constitutes or contains false or misleading indications of origin or statements of fact;
    4. slanders, libels or defames any person or entity;
    5. causes injury of any kind to any person or entity;
    6. infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
    7. violates any applicable laws, rules, or regulations or
    8. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    9. Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. CL and its employees, agents, and representatives (collectively, "Affiliates") do not endorse or accept any Communications as its own or representative of its views.

  7. Public Communications.
    You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that
    1. you have no expectation of privacy in any public Communication and
    2. no confidential, fiduciary, contractually implied or other relationship is created between you and CL by reason of your transmitting a public Communication to any area of the Site. By transmitting any public Communication to the Site, you grant to CL a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.

  8. Unsolicited E-Mail.
    You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by CL in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.


  9. "Opt-In" for special notices.
    CL may periodically make special offers or communications to users of its Site. If you would like to receive such offers or communications, you may "Opt-In" at any time by checking the "Opt-In" box that appears on the E-mail notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the "Opt-In" option constitutes acceptance of CL's use of your e-mail address to send you notices pertaining to CL, its products and services, the Site, the Fee-Based Services, and related topics.


  10. Your password.
    As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that CL will have no obligations with regard thereto.


  11. Privacy Policy.
    CL's policy is to refrain from supplying Registration Data to third parties. However, CL reserves the rights to (i) use and disclose the Registration Data to generate and distribute demographic reports (including reports on usage patterns of subscribers) and marketing statistics, provided that CL will not reveal the identity of any user of the Fee-Based Services; and (ii) disclose any Registration Data or other information in its possession regarding users of the Fee-Based Services in cooperation with any law, regulation, or governmental or agency request. For more information see Privacy.


  12. Information Provided.
    You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. CL reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that CL is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither CL nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.


  13. Links to Other Sites.
    The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by CL or its Affiliates of any third-party site or any materials contained therein. CL and its Affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.


  14. Age restrictions.
    You represent and warrant to CL that you are at least eighteen (18) years old and that you possess the legal right, capacity, and competence to enter into, and by bound by, this Agreement and that you will use the Site only in accordance with this Agreement.


  15. Financial responsibility.
    You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.


  16. Indemnification.
    You hereby agree to indemnify, defend and hold harmless CL and its Affiliates from and against any and all liability and costs incurred by CL or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. CL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CL.


  17. DISCLAIMER OF WARRANTY.
    EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CL AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY CL. CL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  18. LIMITATION OF LIABILITY.
    USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL CL OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR CL OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF CL, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CL AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY RECEIVED BY CL FOR YOUR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE CL AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  19. Termination.
    In addition to any other rights of the parties set forth herein, either you or CL may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. CL also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If CL terminates this Agreement based on a breach of any portion of this Agreement, CL reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.


  20. Modifications.
    1. To the Agreement.

      • CL has the right to modify this Agreement including any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of CL in providing the Site, including without limitation
        1. any change in the Content, or
        2. any change in the amount or type of fees associated with the Fee-Based Services,
        is to cancel your subscription in accordance with the subscription help instructions.

    2. To the Site.

      • CL has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. CL may also impose limits on certain features and services or restrict your access to parts or all of the CL Site without notice or liability.


  21. General.
    This Agreement constitutes the entire agreement between you and CL with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and CL. Failure by CL to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of New York (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of New York County, New York for any action arising out of or relating to your use of the Site or Fee-Based Services. The federal and state courts of New York County, New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.


Subscribing to ConsumerLab.com confirms your agreement to the terms and conditions set forth above.
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Copyright © 2001 ConsumerLab.com, LLC

 





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