If you choose to use the Service, you represent that you are authorized to accept the terms of this Agreement on behalf of yourself or the organization you represent.
2. Description of service
3. Conditions of use and user conduct
As a condition of use, you agree to the following:
- You acknowledge that the Service is for personal use only. You agree that you will not use the Service for any commercial purpose.
- You must not use the Service to harass, threaten, impersonate, or intimidate any person or business.
- You must not use the Service to post fraudulent, inaccurate, or misleading ratings or reviews of any person or business.
- You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- You must not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates the publicity or privacy rights of any person or business.
- You must not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must comply with all applicable laws in your jurisdiction (including but not limited to intellectual property laws).
- You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
- You acknowledge that your use of the Service may involve the transmission of private information, including potentially personal health information, via unsecure means such as email.
4. Guidelines for reviews
The following guidelines are provided to users of the Service who wish to review Demandforce subscribers:
- Your review should be objective, useful, and informative. Be specific to give the reader a feel for your experience.
- Write about the kind of information you would want when asking a friend or coworker for a recommendation. Did the experience meet your expectations? Would you go back? Would you recommend this business?
- Keep it short and to the point. Write short sentences that stick to the highlights of your experience. The recommended length for a review is 100 to 250 words.
Click here to learn more about the Demandforce Public Review and Comments
5. User Generated Content
6. Our intellectual property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Demandforce Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Demandforce Content, contained on the Service is owned, controlled, or licensed by or to Demandforce, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights. Except as expressly provided in this Agreement or otherwise permitted by law, no Demandforce Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed (including by means of a digital audio transmission), encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for any purpose, without regard to whether that purpose is commercial or noncommercial in nature, without Demandforce’s express prior written consent.
7. Violation of this agreement – termination
You agree that Demandforce may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. If Demandforce does take any legal action against you – or you take action against Demandforce – as a result of a violation of this Agreement, the prevailing party will be entitled to recover from the non-prevailing party, and the non-prevailing party agrees to pay, all reasonable attorneys’ fees and costs of such action – in addition to any other relief granted to the prevailing party. You agree that Demandforce will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this Agreement or other agreements or guidelines that may be associated with your use of the Service.
8. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEMANDFORCE AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (IF ANY) (THE “DEMANDFORCE AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. DEMANDFORCE AND THE DEMANDFORCE AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED IN ACCORDANCE WITH THE PREFERENCES YOU SPECIFY, INCLUDING ANY PREFERENCES YOU SPECIFY REGARDING THE ANONYMITY AND/OR PRIVACY OF ANY USER CONTENT; (e) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (f) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER HARM THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEMANDFORCE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEMANDFORCE AND THE DEMANDFORCE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY REPERCUSSION OF THE PUBLICATION OF ANY USER CONTENT YOU PROVIDE TO DEMANDFORCE; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE; OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT DEMANDFORCE MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF OR ERROR IN THE SERVICE; (c) THE PUBLICATION OF ANY USER CONTENT YOU PROVIDE TO DEMANDFORCE; OR (d) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT DEMANDFORCE AND THE DEMANDFORCE AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Exclusions and limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE DEMANDFORCE AFFILIATES’ LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will indemnify and hold Demandforce and/or the Demandforce Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Demandforce and/or the Demandforce Affiliates in connection with any claim arising out of your breach of the Agreement. Demandforce reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. General terms
Entire Agreement. This Agreement is the whole legal agreement between you and Demandforce. It governs your use of the Service and completely replaces any prior agreements between you and Demandforce with respect to the Service. Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions, and that any action arising under this Agreement or otherwise related to the
Demandforce Service must be brought in the State and Federal courts in San Francisco County, California. You agree to the personal jurisdiction by and venue in the State and Federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue. Dispute Resolution. In the event of any controversy or dispute between Demandforce and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a
© 2017 Demandforce Inc. All rights reserved. October 29, 2010